Practice Areas & Industries: Edwards Wildman Palmer LLP

 




Complex Commercial Litigation Return to Practice Areas & Industries

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Practice/Industry Group Overview

Edwards Wildman's Insurance and Reinsurance Complex Commercial Litigation team regularly represents insurance and reinsurance clients with respect to their most pressing commercial, corporate and regulatory disputes. Combining in-depth industry knowledge with world class litigation experience, our Insurance and Reinsurance Complex Commercial Litigation team is able to achieve creative and superior results for our insurance clients' most complex problems. Our team appears regularly before courts, tribunals and regulators around the world.

In addition to coverage related matters, our team has advised and defended insurance industry clients on commercial matters ranging from antitrust to unfair trade practices, including consumer fraud, corporate governance, securities, trade secret, ERISA, employment, executive compensation, intellectual property, contract and distribution related matters. We also regularly represent clients in internal investigations and before insurance regulators, state attorneys general, and other governmental regulators, including the SEC.

Our lawyers have successfully helped our clients navigate through the most critical issues faced by the insurance industry over the past 15 years, including vanishing premium, market timing, bid rigging/contingent commissions, revenue sharing STOLI, after market auto parts and suitability issues, institutional bad faith and class action claims against insurers based on company-wide practices, as well as the defense of claims of discriminatory underwriting, including race and age based discriminatory practices. Because of our industry focused experience, we are able to work with clients to help identify emerging issues with the aim of avoiding litigation. Should the need arise, however, we are well poised to defend our insurance clients whenever and wherever necessary.


 
 
Articles Authored by Lawyers at this office:

Supreme Court Upholds ERISA Plan's Limitations Period
Jonathan R. Shank,Gina D. Wodarski, December 20, 2013
On December 16, 2013, the United States Supreme Court upheld a limitations period in a long-term disability plan governed by the Employee Retirement Income Security Act of 1974 (“ERISA”). In Heimeshoff v. Hartford Life & Accident Insurance Co., the Court resolved a split among the...

UK: Supreme Court Refuses a Stay of Proceedings, Allowing Insurers to Pursue Damages for Breach of Settlement and Jurisdiction Agreements
Jane Elphick, December 13, 2013
The Alexandros T [2013] UKSC 70 concerned the application of Articles 27 and 28 of EC Regulation 44/2001 (the Brussels Regulation). Where proceedings are issued in more than one Member State and involve the same cause of action, Article 27 requires any court other than the first seised to stay...

Civil Forfeiture: Can the Outcome of SOCA v Turrall be Applied to Deprive Corrupt Foreign Public Officials of their Illicit Wealth?
James Maton,Antonio Suarez-Martinez, November 25, 2013
Would it be possible to forfeit the assets of a foreign public official on the basis that they represent the proceeds of corruption, without being able to prove any precise corrupt transactions, and instead simply relying on an inexplicable disparity between the assets that have been located and...

The Seventh Circuit Puts an End to Litigation Attacking the Cost of Force-Place Insurance
Patrick Frye, November 25, 2013
In Cohen v. American Security Insurance Co., the Seventh Circuit rang the death knell on mortgagors’ lawsuits complaining about the cost of force-place insurance bought by the mortgagors’ bank. When a bank makes a loan and takes a mortgage, the mortgagor’s real estate often is...

Who Owns a Bribe?
James Maton, November 15, 2013
A public official receives a bribe to award a contract. Does the bribe “belong” to the official or to the state that he or she represents? The answer to the question can matter a great deal to the success of a claim. But the issue is controversial and the answer unclear in English law....

English Court Holds Ultimate Beneficial Owner (“UBO”) Liable For Losses To Creditors
Rod J. Cowper, November 05, 2013
The English Court has devised a new route to impose liability on a company's UBO who strips assets from the company leaving creditors to claim in its insolvency. UBOs feeling comfortable about the security of their corporate veil after the Supreme Court’s decision in Prest, will need to look...

Fourth Circuit Finds Copyright Transfers with Electronic Signatures to be Valid
Seth A. Davidson,Ari Z. Moskowitz, October 23, 2013
In a unanimous three-judge opinion, the United States Court of Appeals for the Fourth Circuit held that the “writing” and “signature” requirements for assigning a copyright can be met by clicking a button in a web browser. This gives greater certainty to enforceability of...

Paris Prosecutors Launch Preliminary Corruption Investigation into Syrian President’s Uncle’s Assets
Antonio Suarez-Martinez,Antonio Suarez-Martinez, October 08, 2013
This is not the first time TI France and SHERPA have combined to target the alleged proceeds of corruption. As we reported in June 2013, TI France and SHERPA have previously utilised Article 2 of the French Criminal Procedure Code to request investigations in France concerning the assets of the...

Recent Upsurge of Massachusetts Class Actions on Merchant Zip Code Collection
Brian J. Green,Sander A. Rikleen,Mark E. Schreiber, October 03, 2013
There has been a flurry of class actions filed in the last six months against retailers in Massachusetts alleging improper collection of ZIP codes from consumers during credit card purchases. This upsurge follows the March 2013 decision by the Massachusetts Supreme Judicial Court in Tyler v....