Practice/Industry Group Overview
For over 65 years, GableGotwals has regularly provided a broad range of services to insurance companies, businesses, and individuals in matters relating to insurance policies, coverage, regulation and litigation.
The attorneys in our Insurance Group have significant experience in defending thousands of claims by policyholders and insureds alleging a variety of theories under state law, such as claims for bad faith, fraud, breach of contract, and for unfair sales practices. Our attorneys also specialize in representing insurers, benefit plans, administrators, employers, and other fiduciaries in many types of ERISA disputes. We also regularly represent clients in many disputes otherwise relating to insurance policies, laws and coverage.
Attorneys in our Insurance Group routinely provide the following types of services:
- Defending claims for breach of contract, fraud and bad faith arising from the handling of claims and other conduct occurring with respect to life, accident, disability, health, medical, cancer care, long term care and other types of insurance policies.
- Defending claims arising from the alleged improper solicitation, marketing, sales practices, or other inducements to enter into insurance contracts, including purported class actions.
- Defending claims arising from life, accident, disability, health and other types of plans and policies that are governed by ERISA, and other types of claims that relate to ERISA-regulated plans, such as claims for breach of fiduciary duty, COBRA coverage, rescission or declaratory judgment, retaliation or discrimination for exercising ERISA rights, and for civil penalties for alleged violations of ERISA regulations. We regularly represent insurers, administrators, employers and other fiduciaries under insurance policies, and fully-insured or self-insured plans. Our attorneys have prevailed in numerous ERISA cases at the federal district and appellate court level on a variety of issues and have argued a number of ERISA appeals, establishing appellate precedent on important ERISA-related issues.
- Defending litigation alleging breach of contract, fraud and bad faith where ERISA’s application is in dispute or ERISA is not applicable because of exemptions to ERISA’s application.
- Litigating claims involving the alleged liability of officers, directors, fiduciaries, agents, and others, claims involving advertising injury and other alleged injuries that are subject to coverage under D & O, CGL and other types of insurance policies.
- Litigating claims involving mass torts, environmental disasters, natural disasters, explosions or other accidents in which complex issues concerning the nature and extent of insurance coverage may exist. We have represented many clients in complex disputes with large potential claims that involve insurance coverage issues.
- Evaluating the nature and extent of insurance coverage that may exist and providing coverage opinions.
- Representing insurers in investigations and proceedings before the Department of Insurance.