Insurance and Reinsurance Disputes

As insurance and reinsurance companies develop new products and services, expand geographically and pursue other strategies in this complex, fast-paced and highly regulated industry, they look to Day Pitney for the sophisticated legal counsel they need. When disputes over coverage, business practices, reinsurance and other issues arise, they turn to us for experienced representation, sage advice and effective advocacy.

Protecting Our Clients' Interests
Representing insurance companies in a wide variety of disputes is central to our litigation practice. Consistent with our clients' goals on a case-by-case basis, we have been successful in taking an aggressive, cost-efficient approach to insurance and reinsurance disputes.

We handle both individual and class action claims arising under life, disability, property and casualty policies, as well as extra-contractual claims of bad faith and unfair trade and insurance practices. We are sensitive to the possible prejudicial effect of extra-contractual claims before juries and the disproportionate discovery burdens often placed upon insurers by those claims. We have developed strategies for limiting the disclosures made in discovery and the dissemination of information disclosed.

Cedents and reinsurers from around the world work with our firm to handle a wide variety of matters, including disputes arising from property, casualty, life, disability and long-term care insurance. We also help parties to structure creative solutions to disputes, including commutations, novations and other arrangements.

In addition to insurance and reinsurance disputes, we represent insurance companies in substantial commercial litigation matters as well as in civil investigations by insurance departments and attorneys general. These matters may involve a variety of subjects, including investments in private placement offerings, the termination of agency agreements and claims for defamation arising out of publications on an agent's website.

Direct Liability and Casualty
We play a prominent role in many of the major coverage cases involving primary and excess casualty policies. In addition to achieving excellent results at trial, in arbitration, and in mediation in product liability, environmental pollution and other premises/operations claims, we also have prevailed on dispositive motions in numerous other cases.  In cases involving multiple carrier defendants, we often serve as lead counsel or as a member of the defense group steering committee, and we have taken through the discovery stage some of the most complex coverage actions in the country.

Reinsurance
We represent cedents and reinsurers in judicial and arbitral proceedings. Each year, our attorneys try a significant number of matters to conclusion and assist our clients to reach amicable resolutions to other disputes. We advise domestic and international companies on proceedings within and outside of the United States. Our lawyers work on cutting-edge issues in the world of reinsurance and participate actively in ARIAS•U.S., by serving as presenters and conference co-chairs. One of our partners currently serves as a member of the board of directors of ARIASU.S. Our lawyers also frequently speak and publish on topics relating to reinsurance.  

First Party Insurance
We have significant experience in handling first party insurance claims. Serving as national counsel to a large insurer, we handle cases in many states, including Alabama, Connecticut, Louisiana, Massachusetts, Michigan, Missouri, New York, Pennsylvania and Vermont. Our experience goes beyond the policy terms and conditions and extends to the engineering, financial and accounting issues surrounding the claims. Recently, we successfully defended an insurer in trials in Massachusetts and Pennsylvania and obtained summary judgment in a complex case involving a significant business loss claim in New York.

Life Insurance and Annuities
We represent a number of different insurance companies in individual and class action claims arising under life insurance policies. We defend claims of breach of contract, fraud, "vanishing premiums," bad faith and unfair trade and insurance practices. These cases have involved interpreting many different policy provisions, including the calculation of benefits and change to beneficiary forms, as well as evaluating insureds' representations to obtain coverage. We also have filed rescission actions on behalf of our clients raising issues of fraud and misrepresentation.

Regulatory Insurance Proceedings and Litigation
We represent companies in all types of proceedings before state insurance departments, including the defense of consumer complaints, market conduct reviews, approval of reinsurance pooling arrangements, licensing and proceedings concerning change in control of domestic insurers. Over the past several years, we have assisted insurers in obtaining regulatory approval in a number of major corporate acquisitions.

Disability Insurance
We defend on behalf of a number of different insurers individual suits and attempted class actions for disability benefits. In the course of that representation, we address a wide variety of issues arising under the individual and group policies, including contestability, misrepresentation, ERISA and the definition of own occupation, as well as the interpretation of settlement agreements intended to resolve earlier claims under the policies. We also have become familiar with a range of medical and psychiatric conditions giving rise to disability claims, and, through this and other experience, we have identified doctors and psychiatrists to assist us in analyzing the claims. 

Other Services
We have long held a position as a leading advisor to the industry, working with our clients to:

  • Plan and execute mergers and acquisitions.
  • Gain regulatory approvals or overcome allegations of violations.
  • Form and license new subsidiaries.
  • Handle investment transactions and securities and banking law matters.
  • Guide them through reinsurance treaties, financial reinsurance, fronting arrangements and inter-company transactions within affiliated group.
  • Formulate and execute tax strategies.

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Diversity

Diversity and inclusion are core Firm values at Day Pitney. We embrace diversity because we appreciate the reality of a multicultural world and have long understood the value of input and collaboration among professionals with varying perspectives. A multicultural approach leads to broader vision, innovation and creativity. This, in turn, better equips us to provide excellent service to our clients as our focus and dedication to diversity allows the Firm to achieve meaningful, lasting and sustainable results. While we are proud of what the Firm has achieved over the years, the challenge to build on those accomplishments continues. There is still much to do. We remain committed to supporting diversity and contributing to the creation of a profession that more accurately reflects the world in which we live. We do that by encouraging and respecting varying perspectives within the Firm and in the communities in which we practice.

Day Pitney’s diversity and inclusion initiatives not only foster collaboration and mutual respect within our Firm, but also extend outward, into the communities we serve. Our attorneys are committed to enhancing and celebrating diversity in our neighborhoods. Through the Firm’s community outreach efforts, Day Pitney hopes to encourage more women and minorities to enter the legal profession.

Here is an overview of some of our recent community programs aimed at assisting individuals and organizations serving traditionally underserved populations:
  • Through the joint efforts of the Firm's Diversity Committee and Women Working Together (WWT®) program, attorneys in our Florham Park office have been working to foster a relationship with St. Vincent Academy, a college preparatory school for young women of diverse and often politically, socially and economically underrepresented cultures. The students come from various religious backgrounds. Ninety-eight percent of the students are persons of color, and ninety-five percent go on to attend college. Each year before the beginning of the school year, we conduct a back-to-school supply drive to collect donations for the students at St. Vincent. Our attorneys are also working with the school to bring law related programs to the students. 
  • Attorneys in our Hartford office regularly participate in Habitat for Humanity Programs to help socially and economically underrepresented individuals reach the dreams of homeownership. 
  • The Firm is a sponsor of the New Jersey Chapter of the American Conference on Diversity’s annual Diversity Stride, a walk aimed at raising money to fund diversity-related programs for high school students in New Jersey. 
  • All offices annually participate in the Susan G. Koman walk in order to raise money to fight breast cancer. 
  • Day Pitney attorneys have contributed funding, time and pro bono legal services to the Urban League of Greater Hartford, in furtherance of the League’s efforts to “promote the self-empowerment of individuals in the CT Capital Region to achieve educational, occupational and economic equality for themselves and their families.”
  • As a founding member of the New Jersey Law Firm Group (NJLFG), the Connecticut-based Lawyers Collaborative for Diversity (LCD), and the Boston Lawyers Group (BLG), Day Pitney actively supports each organization’s common mission of increasing diversity in the legal profession. Each year, Day Pitney attorneys volunteer to serve as mentors to minority law students through programs coordinated by these three organizations. The Firm also hosts several roundtable discussions on various topics relevant to diversity for these organizations in New Jersey, Connecticut and Massachusetts and participates in BLG and NJLFG job fairs.
In addition to the programs listed above, the Firm’s Summer Apprentices are also invited to organize community service efforts. The Summer Apprentices in each office traditionally choose a community service outreach program meaningful to them and dedicate their time to the community at-large.
 
In large part due to efforts such as these Day Pitney continues to make great strides in supporting diversity initiatives in our neighborhoods.
Day Pitney is committed to fostering an inclusive environment for people of diverse backgrounds at all levels. We continue to strive to provide challenging opportunities, meaningful guidance, and positive incentives to assist our professionals in achieving their greatest potential. In doing so, our goal is ultimately to create advantages out of our differences and to achieve richer, broader goals.
  • Day Pitney is the 2009 recipient of the Fifth Annual Edwin Archer Randolph Diversity Award from The Lawyers Collaborative for Diversity
  • Lynn Baronas, Director of Professional Development, Diversity & Legal Recruiting, nominated for the 2008 advocate of the year award by the Connecticut Minority Suppliers Diversity Council 
  • Recognition from the Urban League of Greater Hartford, Inc. as an "Urban Sponsor" in its 2007 Black History Award Celebration
  • Co-Managing Partner, Jim Sicilian, received a 2007 Human Relations Award for leadership in civic and community affairs by the National Conference for Community and Justice of Connecticut and Western Massachusetts, Inc. 
Day Pitney’s commitment to diversity extends to its recruitment efforts in connection with its summer apprenticeship program. We recruit law students for our summer programs from several minority job fairs and diversity initiatives, including the Philadelphia Area Minority Job Fair, the North East Black Law Student Association Job Fair, the Hispanic Bar Association Job Fair, the Rutgers University Newark Minority Student Program and the University of Connecticut School of Law Cultural Diversity Initiative. We are pleased to report that minority law students comprised forty-three percent of our 2008 summer class and forty-one percent of our 2007 summer class.

Day Pitney believes that diversity is not only crucial to creating a dynamic and cohesive summer apprentice class, but is also important to creating a rich and realistic professional experience for all of our summer apprentices. To that end, the summer program includes activities that expose all of our summer apprentices to a wide range of cultures and backgrounds within the Day Pitney family and in the communities where we practice.
 
For more information about diversity, please contact Edgardo Ramos, Chair of the Diversity Committee at eramos@daypitney.com or Peter Wilson Jr., Director of Diversity and Legal Recruiting at pwilson@daypitney.com.
  1. Number of Human Resources Professionals who are...

    • Non-minority Males 1
    • Minority Males 0
    • Non-minority Females 2
    • Minority Females 2
  2. Number of Finance Professionals who are...

    • Non-minority Males 7
    • Minority Males 0
    • Non-minority Females 9
    • Minority Females 6
  3. Number of Other Lawyers who are...

    • Non-minority Males 35
    • Minority Males 3
    • Non-minority Females 16
    • Minority Females 5
  4. Number of Paralegals who are...

    • Non-minority Males 18
    • Minority Males 2
    • Non-minority Females 65
    • Minority Females 3
  5. Number of Marketing Professionals who are...

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    • Non-minority Females 9
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  6. Number of Of Counsel who are...

    • Non-minority Males 22
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  7. Number of Partners who are...

    • Non-minority Males 130
    • Minority Males 6
    • Non-minority Females 26
    • Minority Females 3
  8. Number of Administrative Professionals who are...

    • Non-minority Males 39
    • Minority Males 18
    • Non-minority Females 218
    • Minority Females 55
  9. Number of Associates who are...

    • Non-minority Males 62
    • Minority Males 13
    • Non-minority Females 57
    • Minority Females 13
  10. Number of Technology Professionals who are...

    • Non-minority Males 13
    • Minority Males 8
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  11. Number of Librarians who are...

    • Non-minority Males 3
    • Minority Males 2
    • Non-minority Females 6
    • Minority Females 1
  12. Number of partnerships with minority owned law firms? 1

  13. Plan on partnering with minority owned law firms? Yes

  14. Number of partnerships with women owned law firms? 0

  15. Plan on partnering with women owned law firms? Yes

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