Practice Areas & Industries: Wilson Elser Moskowitz Edelman & Dicker LLP


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Wilson Elser's Insurance & Reinsurance Coverage practice counsels numerous insurance carriers on all aspects of disputes and related matters, from high-stakes litigation to insurance product regulation. Known for our skills in complex and high-profile coverage lawsuits, we are equally adept at the efficient handling of more routine coverage matters. Our attorneys frequently advise both public and private insurance entities regarding intricate insurance coverage issues on both a national and international basis. Drawing on more than three decades of experience, we skillfully interpret the most sophisticated coverage policies and help mitigate the high dollar exposures that often accompany them.

Drawing on more than three decades of experience, we skillfully interpret the most sophisticated coverage policies and help mitigate the high-dollar exposures that often accompany them.

We seek cost-effective solutions to coverage cases through early assessment and negotiations, alternative dispute resolution and other innovative means. We nonetheless are prepared to escalate matters to an arbitration hearing or to trial when these better serve our clients’ interests. We are well-known for our talent and tenacity in the courtroom and are proud of our reputation as one of the largest trial firms in the country. For cases involving bad faith – in which outsized damage amounts can seriously cripple a company, or worse – we mount particularly aggressive defenses and enjoy an enviable record of success.

Whatever the capacity, we pride ourselves on our responsiveness, the thoroughness and quality of our work product and especially our ability to provide clients with highly personalized service.

From a regulatory perspective, Wilson Elser enjoys extensive experience representing life insurance and annuity product manufacturers, property and casualty insurers and distributors, and related service providers. We advise clients on product design, distribution and administrative issues and assist them in responding to compliance matters and regulatory examinations. When necessary, we are fully prepared to represent clients before the SEC's Office of Insurance Products, the Financial Industry Regulatory Authority (FINRA) and individual state departments of insurance.

Wilson Elser’s practice teams are staffed and structured to provide constructive and cost-effective legal counsel on virtually all insurance and reinsurance coverage matters. Beyond representing our clients before regulatory bodies, our attorneys also perform thorough coverage analyses and routinely draft and refine insurance policies.

As clients have come to value working with integrated legal "teams," Wilson Elser has moved in tandem with their needs. Our practice team model ensures that the firm's knowledge and experience relative to various types of insurance coverage are concentrated in one coherent entity. Our effectiveness is further enhanced by extensive in-house training and a robust infrastructure that allows quick access to research as well as the collective and extensive experience resident throughout the firm.

Articles Authored by Lawyers at this office:

Illinois Appeals Court Rejects Application of Absolute Pollution Exclusion to Claim for Unpleasant Odors Emanating from Hog Farm Manure
Loren S. Cohen,Jacob R. Graham,Carl J. Pernicone, January 03, 2014
In Country Mutual Insurance Company v. Hilltop View, LLC, 2013 IL App (4th) 130124, an intermediate Illinois appeals court held that the absolute pollution exclusion in an umbrella policy did not preclude coverage for a claim by neighbors for unpleasant manure odors arising out of the...

New Jersey Court of Appeals: Discovery Related to Bad Faith Claims Should Be Stayed Pending Resolution of Insurance Claims for UM/UIM Benefits
Kim M. Connor,Thomas F. Quinn, December 20, 2013
On November 21, 2013, in Procopio v. Government Employees Insurance Company, a/k/a and d/b/a GEICO, Docket No. A23-1-12T2, an intermediate New Jersey appeals court held that in a pending uninsured motorist (UM) or underinsured motorist (UIM) coverage case, a policyholder may not file a complaint...

Exclusion Requested by First Named Insured and Contained in the Prior Policy Is Binding on All Named Insureds, Even Those Unaware of the Exclusion
Carl J. Pernicone,Robert E. Rider, December 13, 2013
In Berkhouse v. Great American Assurance Co., Case no. 13-0264, November 22, 2013, the West Virginia Supreme Court of Appeals rejected the argument by an injured party in a third-party declaratory judgment suit that an umbrella policy’s liquor liability exclusion unknown to a named insured...

Everyone Can Find Reasons to Give Thanks for 2013 California Coverage Opinions
Louis H. Castoria, November 28, 2013
Thanksgiving is one day when the whole family gets together and sets aside petty differences to give thanks to the Almighty for the bounty we enjoy.

Duty to Settle Absent a Demand? California Court Says No
Patrick M. Kelly,D. Victoria LaBrie,James A. Stankowski, November 19, 2013
The California Court of Appeal in Reid v. Mercury Insurance Company [(2013) 220 Cal.App.4th 262 (rehearing denied November 6, 2013)] found no California authority “standing for the proposition that there is a duty to settle when there is a claim that is vastly in excess of the policy limits...

Eleventh Circuit Affirms Dismissal of Claim against Insurer for Indemnification or a Defense for a Privacy Claim under a Professional Liability Policy
Richard L. Reiter, November 14, 2013
On October 22, 2013, in The Zodiac Group, Inc. v. Axis Surplus Insurance Co., the United States Court of Appeals for the Eleventh Circuit affirmed the district court’s dismissal of The Zodiac Group’s (Zodiac’s) claim against its insurer for indemnification or a defense under a...

Court Confirms the Limited Duty of an Insurance Broker to Procure Only Coverage Requested by the Insured
John R. Clifford,Edward P. Garson,Ian A. Stewart, November 11, 2013
Recently, in San Diego Assemblers v. Work Comp for Less Insurance Services, Inc. (October 4, 2013, CA Court of Appeal, Fourth Appellate District), the court upheld the granting of summary judgment on behalf of a broker on the grounds that it breached no legal duty to its client. The court rejected...

New York Court of Appeals: Vandalism Coverage under “Named Peril” Property Policy Can Apply Even When Malicious Act Is Not Directed at Covered Property
Judith Zuckerman Frantz, November 11, 2013
In a case with broad implications for property owners near construction sites (Georgitsi Realty, LLC v. Penn-Star Insurance Company, No. 156, October 17, 2013), the New York Court of Appeals has opened the door to broad first-party property damage coverage for losses emanating from nearby...

Recent Court Decisions Concerning Unclaimed Life Insurance Benefits Can Assist Insurers in Defending Regulatory Audits and Future Litigation
William T. Bogaert,Sandy M. McDermott, November 11, 2013
Perhaps the most significant litigation, regulatory and compliance issues facing life insurance companies can be found in the unclaimed property audits, multi-state regulatory settlements and class action lawsuits surrounding unclaimed life insurance benefits. With the assistance of third-party...

A Superstorm Sandy Retrospective: How the Actions of New York Regulators May Shape Responses to Future Natural Disasters
Sandy M. McDermott,Carl J. Pernicone,Frederick J. Pomerantz,Stacey B. Rowland, November 05, 2013
A year after Superstorm Sandy came ashore, the New York Department of Financial Services (Department) issued Circular Letter No 8 of 2013 to inform New York licensed property/casualty insurers of the regulatory standards they should expect to encounter the next time a federal or state disaster...

As the “NY State of Health” Enters Its Third Week, a Look at the Role of Navigators
Frank J. Fanshawe,Sandy M. McDermott, October 23, 2013
New York’s Health Insurance Marketplace, officially called the NY State of Health, has entered its third week of operation, and as of October 8, 2013, had enrolled 40,000 New York residents in health insurance plans offered through the Marketplace. These enrollments have taken place online,...

Long-Awaited Colorado Court of Appeals Stresscon Decision a Mixed Bag
Joseph F. Bermudez,Jessica C. Collier,Suzanne M. Meintzer,Melissa W. Shisler, September 27, 2013
Extends Notice-Prejudice Rule to Voluntary Payments under Liability Policies, Finds “Other Insurance” Clauses Curb Double Damages Penalties and Leaves Pertinent Bad Faith Question Unanswered