Practice Areas

We are a leading diversified and innovative law firm providing legal representation to the insurance, business and financial communities.

Insurance

Accountants Professional Liability

Accountants Professional Liability

Our firm’s practice group in this area has extensive experience in evaluating and advising insurance coverage related to professional liability claims asserting errors and omissions against accounting firms and their members. Representative matters include claims asserting wrongful acts against accounting professionals arising out of financial statement preparation, tax, financial and estate planning, consulting and transactional services. The group also offers over thirty years of experience in mediating and litigating the complex coverage issues that arise in connection with claims brought against accounting professionals, including analysis of relevant policy provisions effecting coverage.

Alternative Dispute Resolution

Alternative Dispute Resolution

Our firm’s attorneys handle all aspects of mediation, arbitration and alternative dispute resolution, both internationally and domestically, as may be requested by any client in our areas of expertise, particularly general commercial, financial, insurance, reinsurance, construction, environmental and toxic tort matters. Our lawyers are well known to professional mediators and arbitrators and routinely participate in matters involving claims against our clients’ insureds as well as insurance coverage disputes.

Appellate Practice

Appellate Practice

As a routine part of our litigation practice, we handle all levels of appeals in the state and federal courts and have achieved notable results in our appellate practice. Our appellate practice closely mirrors the full spectrum of our litigation practice, including such areas as lawyers and accountants liability, miscellaneous professional liability, contracts, insurance coverage, products liability, general liability and casualty, to name but a few.

Architects, Engineers and Construction Managers Professional Liability

Architects, Engineers and Construction Managers Professional Liability

The firm’s practice group in this area represents domestic and foreign insurers in a myriad of professional liability coverage matters involving claims against architects, engineers, construction managers and other design professionals. From inception through resolution, we counsel clients on a wide array of coverage issues, provide thorough investigation and monitoring of underlying claims, defend/prosecute coverage actions and explore settlement opportunities through mediation and arbitration.

As a result of our experience in handling these kind of claims, we can advise our clients in revising their policies to better serve them and their insureds.

Construction Defects

Construction Defects

Our firm handles all aspects of the complex insurance issues resulting from bodily injury and property damage caused by construction defects and accidents, including the litigation of general liability coverages provided to the owner, general contractor and subcontractors, and to the additional insureds as required by the construction contracts.

Directors and Officers Liability

Directors and Officers Liability

Our firm was one of the earliest firms to represent insurers of directors and officers and has been actively involved in the development and refinement of the directors and officers liability insurance policies for over thirty years. We have assisted many insurers in creating and improving their directors and officers liability policies and manuscript policies and/or endorsement wordings.

We have also assisted underwriters in connection with complex underwriting issues and due diligence issues on specified policies.

Our directors and officers liability group has collectively over 250 years of experience in D&O liability claims. We counsel primary and excess insurers in monitoring and resolving claims ranging from complex securities class actions and derivative lawsuits to employment related claims and claims against private companies and not-for profit entities. Our attorneys have successfully mediated hundreds of claims against directors and officers and against insurers. Our D&O attorneys have appeared before nearly every Federal and State Court, before the Securities and Exchange Commission, the Federal Trade Commission and other regulatory agencies such as FINRA and state insurance departments, in connection with the resolution of director and officer liability claims.

Employment Practices Liability

Employment Practices Liability

Our firm includes experienced attorneys who handle all aspects of employment practices claims and litigation, both monitoring and defense. These attorneys have participated in mediations, arbitrations and other proceedings in the resolution of high profile and high exposure employment claims throughout the United States. We act as both monitoring and coverage counsel for insurers on both large and small employment practice claims, and our litigation department acts as defense counsel in employment practice litigation of all types, including discrimination, wrongful termination, breach of contract and a host of other employment practice claims and issues.

Environmental Coverage and Litigation

Environmental Coverage and Litigation

Since the passage of the Superfund Act (CERCLA) in 1980, our environmental practice group has represented London and domestic insurers in counseling and resolving environmental coverage disputes under both “legacy” general liability and umbrella policies, as well as modern environmental coverages. We have been leaders in developing and drafting many of the pollution insurance coverage products available on the market today. We have litigated some of the largest environmental insurance coverage disputes in America from remediation of the largest open copper pit in the United States to cleanup of PCB’s in the Hudson and Housatonic Rivers. Our decades of involvement in these matters provides us with invaluable experience in the efficient handling of extensive documentation and data produced in discovery. We strive to present a focused, thematic case, so that our client’s position is sustained or leads to a successful compromise. Many of these coverage disputes were resolved with innovative settlement vehicles, including policy buyouts, insurer indemnification and other client protections.

Our practice group believes that industry-wide coverage disputes also present industry opportunities. Thus, the lessons we learned from environmental coverage litigation led to our role in drafting and developing environmental insurance products for industry leaders. These products include Pollution Legal Liability, Contractors Pollution Liability and Contractors Operations and Professional Services Liability policies, as well as numerous versions of Time Element/Named Peril Pollution Endorsements and other manuscript pollution endorsements tailored to specific policyholder needs.

Fidelity and Surety

Fidelity and Surety

Our practice group represents domestic and international corporate entities in fidelity and crime coverage investigations and various first-party insurance claims involving employee dishonesty and other coverages under financial institution bonds, fidelity bonds, and crime policies.

We counsel clients in investigations involving claims alleging employee dishonesty, embezzlement, forgery, robbery, computer fraud, identity fraud, wire transfer fraud, counterfeiting, and other criminal acts. In particular, we have handled claims in areas as diverse as financial services, environmental consulting, import/export, commodities trading, textiles, food service, employment relations, entertainment, taxes, and consumer products and services. Our representation and counseling runs from investigation through litigation, resolution and settlement.

In addition to counseling clients on complex claims, our Fidelity and Surety practice group assists fidelity underwriters in drafting policies and endorsements.

We also provide representation on surety claims and litigation under performance and payment bonds, financial guarantee bonds, as well as various other types of surety bonds.

Fiduciary, ERISA and Employee Benefit Liability

Fiduciary, ERISA and Employee Benefit Liability

Our firm represents insurers in drafting policies and handling claims under ERISA and other laws affecting employee benefits. The attorneys involved assist clients in investigating claims, selecting underlying defense counsel, issuing reservation of rights letters, providing coverage opinions and negotiating appropriate resolution of outstanding claims. We also provide defense litigation support, negotiate settlements, and coordinate and prepare settlement documents.

Financial Institution Professional Liability

Financial Institution Professional Liability

Our firm’s practice group in this area counts decades of experience representing professional liability insurers for financial institutions including banks, insurance companies, private equity investment groups, investment advisors, mutual funds, investment banks, security broker dealers, and insurance agents. The attorneys involved have handled securities claims, regulatory claims, merger and acquisitions, bankruptcy claims, class actions, copyright and patent infringement, investment related claims and claims involving mortgage-backed securities. This practice group represents clients from the inception of claims through to the resolution of the underlying dispute. In addition, we have been extensively involved in mediation, arbitration and litigation, if necessary, in connection with these matters. We also assist our clients on the underwriting of such risks, including drafting of policies and endorsements to fit the risk profile of these industries and its particular participants.

General Liability and Casualty Defense

General Liability and Casualty Defense

Our firm’s general liability litigators represent carriers and the self-insured in virtually every field of personal, property and casualty insurance defense. Our clients include many of the largest companies in the country, including a number of prominent national insurance carriers, and their insureds.

Our firm has extensive experience in complex and high exposure general liability, construction and product liability, premises liability, labor law, successor liability, intentional torts, declaratory judgments, vehicular accidents, negligent security, elevator and maritime cases. The attorneys here have been successful in trying cases to verdict in state and federal courts and have been particularly successful in obtaining dismissals on motion.

Our GLC defense practice group has also developed special expertise in mediating and creatively making use of alternative dispute resolutions methods, minimizing costs and maximizing case strengths, to resolve cases. We intensely focus on resolving cases in the earliest stages if possible. We strongly endeavor to have adversarial plaintiff parties settle cases with us prior to trial which means considerable cost and time savings to our clients.

Insurance Auditing Services

Insurance Auditing Services

Our firm has significant experience providing auditing services to our insurance and reinsurance clients. We have acted as an independent, outside party to conduct a “claims audit” of an insurer’s own files. We audit other insurer’s claim files to enable a client to consider whether the other insurer is a suitable acquisition “target” and assist our client in gauging a fair purchase price. Our work also includes auditing a specific file of a potential insured as respects the issuance of a specialized insurance policy or product.

Insurance Bankruptcy Practice

Insurance Bankruptcy Practice

Our insurance clients are impacted today by insurance-sensitive bankruptcies involving many industries such as financial institutions, manufacturing entities, and all sizes of businesses. We are involved in the legal interplay between insurance coverage disputes and policyholder bankruptcy. Our insurance and bankruptcy experience is invaluable to help insurers develop and implement effective strategies in reorganization and liquidation cases of all sizes.

Our representation includes insurer clients in major policyholder bankruptcy proceedings and in coverage litigation and counseling matters related to insolvent insureds. Our advice is sought in connection with liability claims brought by debtors-in-possession, bankruptcy trustees, creditors’ committees and other bankruptcy constituencies. We counsel insurers concerning matters that may arise when a corporate policyholder is in financial distress, including the impact of the automatic stay on claim handling, challenges to payouts as preferences, coverage issues and underlying and coverage litigation.

Insurance Coverage and Bad Faith Litigation

Insurance Coverage and Bad Faith Litigation

We have represented insurers in coverage and bad faith litigation under Directors and Officers Liability, Professional Liability, Miscellaneous Liability, Errors and Omissions, Environmental Liability and numerous other insurance policies. Our attorneys have been involved in nearly every jurisdiction in the country, federal or state, working with the most prominent arbitrators and mediators in such jurisdictions. Our attorneys have assisted in the resolution of insurance coverage and bad faith disputes relating to excess judgments against insureds, disputes over policy terms and endorsements and disputes relating to stipulated settlements.

Insurance Policy Drafting

Insurance Policy Drafting

Our lawyers in this practice group are experts in all aspects of drafting casualty, professional liability and financial institution liability policies, to address new coverage developments or loss exposures. We also consult with clients on drafting specific endorsements on an as-needed basis and on comparing their policies to other policies in the market place. Our expertise includes policies of all types, including those used by primary and excess insurers, as well as reinsurers, cedants, brokers and agents.

We have also assisted our clients with the assessment of specialized risk policies, including those arising, for example, for representations and warranty insurance, for mergers or acquisitions and policies covering specific litigation or regulatory risks. Our firm also offers assistance in creating and drafting underwriting applications and marketing materials that showcase the client’s products.

Insurance Professional Liability

Insurance Professional Liability

Our firm’s practice group in this area has extensive experience in evaluating and advising insurance coverage related to professional liability claims asserting errors and omissions against insurance companies and claims professionals. Representative matters include claims brought by policyholders seeking extra-contractual liability against insurers for bad faith claims handling, as well as claims brought by state regulators against carriers arising out of claims adjusting services. The group is well seasoned in negotiating resolution of coverage disputes arising from these claims.

Insurance Regulation and Compliance

Insurance Regulation and Compliance

Our insurance regulatory practice provides a comprehensive range of insurance regulatory services to insurers and reinsurers, agents and brokers, reinsurance intermediaries and managing general agents. We advise clients through the entire process of formation of new insurance and reinsurance ventures, regulatory approval and licensing. We have advised on purchases and sales of active insurers and reinsurers, shell companies, risk purchasing groups and risk retention groups, including all required insurance regulatory approvals.

Our attorneys have appeared before state courts in rehabilitation, conservation and liquidation proceedings. Clients are provided with advice and representation before state insurance departments in disciplinary proceedings. We also advise clients on regulatory requirements for insurance policy forms and rates, Insurance Holding Company Act filings, managing general agency agreements, reinsurance agreements, loss portfolio agreements, and commutation agreements.

Lawyers Professional Liability

Lawyers Professional Liability

The firm’s attorneys evaluate and advise insurers on coverage related to professional liability claims asserting errors and omissions against attorneys. In addition to drafting lawyers’ professional liability (LPL) policies, the firm has expertise in mediating and litigating the complex coverage issues that arise in connection with LPL policies for attorneys.

Miscellaneous Professional Liability

Miscellaneous Professional Liability

Our MPL group represents insurers in connection with claims brought under Agents and Brokers Policies; School Board Liability Policies; Municipal Liability Policies; Public Official Policies; Mortgage Broker Policies; Engineer Policies and virtually every other type of miscellaneous liability policy in the market. When acting as coverage counsel, our coverage attorneys review policy provisions, provide analysis of coverage issues to our clients; monitor claims from inception through resolution; attend settlement conferences and mediations and assist on behalf of our insurance company clients in resolving claims. Many of our attorneys spend considerable time working with our clients in developing and drafting many of the miscellaneous professional liability policy forms.

Product Liability

Product Liability

Our firm’s product liability group represents manufacturers, distributors and sellers of virtually every type of product, including security/military equipment, automobile, construction and factory equipment. The legal theories in these matters has spanned the range of product liability claims from claims of improper design to negligent manufacture and inadequate warnings.

The firm has also served as national counsel for several companies managing and coordinating litigation throughout the country, and our clients have included the largest national and international companies as well as relatively small local companies. We also represent a number of prominent insurance carriers and act as monitoring counsel in product liability cases.

Reinsurance

Reinsurance

This practice group handles all facets of international and domestic reinsurance dispute resolution encompassing arbitration, litigation, negotiation, and mediation. Our firm’s clients have been both domestic and foreign, including subsidiaries and branches of foreign companies. We have significant experience in reinsurance, with the assistance of local counsel, in arbitration of disputes in London and Bermuda under English and Bermudian law. We also represent insurers and reinsurers in regulatory, general corporate and transactional matters, including licensing and compliance, the purchase and sale of companies, commutations and loss portfolio transfers. Our representation has included cedants, reinsurers, reinsurance intermediaries and agents, managing general agents, managing general underwriters and third party administrators.

We have served as counsel in arbitrations concerning reinsurance on asbestos and pollution liability involving both reinsurance coverage and allocation of loss issues. We advise clients on insurance and reinsurance insolvencies, both domestic and foreign, and on other numerous matters involving significant reinsurance issues.

Toxic Tort Coverage and Litigation

Toxic Tort Coverage and Litigation

Our firm counsels on and resolves coverage disputes, as well as develops new products to capitalize on insurance for “mass tort” perils. Our practice group represents major domestic, London, Bermuda and other foreign insurers, and has litigated or arbitrated against Fortune 500 companies over nearly all the major mass tort coverage issues presented by toxic substances like asbestos and lead, and therapeutic products like over-the-counter drugs, pharmaceuticals and medical devices.

Our lawyers helped develop the first Asbestos Abatement Liability policies available in the market, one of the most successful insurance products of its kind. We have worked with major domestic and foreign insurers to arrange one of the largest alternative risk transfers of toxic tort liabilities from policyholder to insurers. In addition, we work on policies and endorsements for domestic and Bermuda insurers to accommodate the special insurance needs of their major clients to address their mass tort exposures in a prudent, calculated manner.

Intellectual Property and Media

Intellectual Property and Media

Business

Appellate Practice

Appellate Practice

As a routine part of our litigation practice, we handle all levels of appeals in the state and federal courts and have achieved notable results in our appellate practice. Our appellate practice closely mirrors the full spectrum of our litigation practice, including such areas as lawyers and accountants liability, miscellaneous professional liability, contracts, insurance coverage, products liability, general liability and casualty, to name but a few.

Commercial and Business Litigation

Commercial and Business Litigation

Our practice group in commercial and business litigation has defended a wide range of commercial and business disputes for businesses of all sizes. We are engaged by a company’s insurer or the companies themselves. We have appeared for our clients in state and federal courts and arbitration. Our group also has extensive experience litigating cases relating to all aspects of insurance, primarily from the insurer’s side, and cases involving the federal securities laws. We have represented individuals and companies involved in disputes concerning contracts, computer software, wages, employment terms and termination, business formation and dissolution, and directors and officers liability litigation, among many other areas.

We believe in open communication with the client. Each case is evaluated in depth with the client to determine at the outset whether early resolution should be pursued for the best client result. In the event the matter in dispute is not able to be resolved by negotiation, the client can feel confident that our litigators are excellent trial lawyers, before judge or jury.

Corporate, Banking and Finance

Corporate, Banking and Finance

Members of this practice group have substantial experience in representing corporations, LLCs, partnerships and financial institutions in complex financial transactions. We have counseled these entities on their formation, corporate governance, corporate finance, ongoing daily operations, and mergers and acquisitions, particularly in the insurance business. On the financial side, our clients have included affiliates of many major financial institutions with respect to complex financial transactions involving domestic and international parties, including bilateral and syndicated credit facilities. We have also advised financial institutions concerning federal banking laws and related regulations and letters of credit.

Fiduciary, ERISA and Employee Benefit Liability

Fiduciary, ERISA and Employee Benefit Liability

Our firm represents insurers in drafting policies and handling claims under ERISA and other laws affecting employee benefits. The attorneys involved assist clients in investigating claims, selecting underlying defense counsel, issuing reservation of rights letters, providing coverage opinions and negotiating appropriate resolution of outstanding claims. We also provide defense litigation support, negotiate settlements, and coordinate and prepare settlement documents.

Product Liability

Product Liability

Our firm’s product liability group represents manufacturers, distributors and sellers of virtually every type of product, including security/military equipment, automobile, construction and factory equipment. The legal theories in these matters has spanned the range of product liability claims from claims of improper design to negligent manufacture and inadequate warnings.

The firm has also served as national counsel for several companies managing and coordinating litigation throughout the country, and our clients have included the largest national and international companies as well as relatively small local companies. We also represent a number of prominent insurance carriers and act as monitoring counsel in product liability cases.

Employment

Employment

Attorneys Involved

Intellectual Property and Media

Intellectual Property and Media

Litigation

Accountants Professional Liability Defense

Accountants Professional Liability Defense

Accountants malpractice defense has been one of the long standing specialties within our professional liability practice. Over the past thirty-five years, the firm has acted as defense counsel in over 400 accountants malpractice cases in New York, New Jersey and Connecticut state and federal courts. Our firm also represents accountants in disciplinary proceedings before the New York State Education Department, the New York State Society of Certified Public Accountants and the AICPA.

The practice of defending accountants has been diverse. A large number of cases have involved financial statement preparation (compilations, reviews and audits) as well as tax, financial and estate planning, consulting and transactional services. Lawsuits against accountants based upon purported failures in financial statement presentation and employee defalcations have been extremely active areas for us. We have extensive knowledge of the professional standards applicable to financial statement preparation, including generally accepted accounting principles (GAAP) and generally accepted auditing standards (GAAS), the audit process (e.g., engagement strategy, planning, controls, procedures, evidence, tests, cost, accrual and materiality concepts), the auditor-client relationship, the auditor’s interest in the client’s accounting and administrative controls, the auditor’s report letter, the interface of professional ethics, professional responsibility and legal liability and the critical importance of the auditor’s work papers and other documents essential for the defense of an accountants malpractice action.

Alternative Dispute Resolution

Alternative Dispute Resolution

Our firm’s attorneys handle all aspects of mediation, arbitration and alternative dispute resolution, both internationally and domestically, as may be requested by any client in our areas of expertise, particularly general commercial, financial, insurance, reinsurance, construction, environmental and toxic tort matters. Our lawyers are well known to professional mediators and arbitrators and routinely participate in matters involving claims against our clients’ insureds as well as insurance coverage disputes.

Appellate Practice

Appellate Practice

As a routine part of our litigation practice, we handle all levels of appeals in the state and federal courts and have achieved notable results in our appellate practice. Our appellate practice closely mirrors the full spectrum of our litigation practice, including such areas as lawyers and accountants liability, miscellaneous professional liability, contracts, insurance coverage, products liability, general liability and casualty, to name but a few.

Commercial and Business Litigation

Commercial and Business Litigation

Our practice group in commercial and business litigation has defended a wide range of commercial and business disputes for businesses of all sizes. We are engaged by a company’s insurer or the companies themselves. We have appeared for our clients in state and federal courts and arbitration. Our group also has extensive experience litigating cases relating to all aspects of insurance, primarily from the insurer’s side, and cases involving the federal securities laws. We have represented individuals and companies involved in disputes concerning contracts, computer software, wages, employment terms and termination, business formation and dissolution, and directors and officers liability litigation, among many other areas.

We believe in open communication with the client. Each case is evaluated in depth with the client to determine at the outset whether early resolution should be pursued for the best client result. In the event the matter in dispute is not able to be resolved by negotiation, the client can feel confident that our litigators are excellent trial lawyers, before judge or jury.

Construction and Labor Law

Construction and Labor Law

This practice group in our firm represents property site owners and developers, general contractors, construction managers, steel fabricators, steel erectors as well as many other subcontractors from the inception of a case to trial and appeal, if necessary.

Our practice group has litigated all issues relative to Labor Law 200, 240 and 241 claims involving issues of liability, grave injury, the defenses of recalcitrant workers and sole proximate cause. We have also litigated coverage disputes between owners, general contractors/construction managers and subcontractors.

We promptly identify issues of liability and potential damages and develop a strategy designed to produce a cost effective resolution.

Construction Defects

Construction Defects

Our firm handles all aspects of the complex insurance issues resulting from bodily injury and property damage caused by construction defects and accidents, including the litigation of general liability coverages provided to the owner, general contractor and subcontractors, and to the additional insureds as required by the construction contracts.

Corporate, Banking and Finance

Corporate, Banking and Finance

Members of this practice group have substantial experience in representing corporations, LLCs, partnerships and financial institutions in complex financial transactions. We have counseled these entities on their formation, corporate governance, corporate finance, ongoing daily operations, and mergers and acquisitions, particularly in the insurance business. On the financial side, our clients have included affiliates of many major financial institutions with respect to complex financial transactions involving domestic and international parties, including bilateral and syndicated credit facilities. We have also advised financial institutions concerning federal banking laws and related regulations and letters of credit.

Employment Practices Liability

Employment Practices Liability

Our firm includes experienced attorneys who handle all aspects of employment practices claims and litigation, both monitoring and defense. These attorneys have participated in mediations, arbitrations and other proceedings in the resolution of high profile and high exposure employment claims throughout the United States. We act as both monitoring and coverage counsel for insurers on both large and small employment practice claims, and our litigation department acts as defense counsel in employment practice litigation of all types, including discrimination, wrongful termination, breach of contract and a host of other employment practice claims and issues.

Environmental Coverage and Litigation

Environmental Coverage and Litigation

Since the passage of the Superfund Act (CERCLA) in 1980, our environmental practice group has represented London and domestic insurers in counseling and resolving environmental coverage disputes under both “legacy” general liability and umbrella policies, as well as modern environmental coverages. We have been leaders in developing and drafting many of the pollution insurance coverage products available on the market today. We have litigated some of the largest environmental insurance coverage disputes in America from remediation of the largest open copper pit in the United States to cleanup of PCB’s in the Hudson and Housatonic Rivers. Our decades of involvement in these matters provides us with invaluable experience in the efficient handling of extensive documentation and data produced in discovery. We strive to present a focused, thematic case, so that our client’s position is sustained or leads to a successful compromise. Many of these coverage disputes were resolved with innovative settlement vehicles, including policy buyouts, insurer indemnification and other client protections.

Our practice group believes that industry-wide coverage disputes also present industry opportunities. Thus, the lessons we learned from environmental coverage litigation led to our role in drafting and developing environmental insurance products for industry leaders. These products include Pollution Legal Liability, Contractors Pollution Liability and Contractors Operations and Professional Services Liability policies, as well as numerous versions of Time Element/Named Peril Pollution Endorsements and other manuscript pollution endorsements tailored to specific policyholder needs.

General Liability and Casualty Defense

General Liability and Casualty Defense

Our firm’s general liability litigators represent carriers and the self-insured in virtually every field of personal, property and casualty insurance defense. Our clients include many of the largest companies in the country, including a number of prominent national insurance carriers, and their insureds.

Our firm has extensive experience in complex and high exposure general liability, construction and product liability, premises liability, labor law, successor liability, intentional torts, declaratory judgments, vehicular accidents, negligent security, elevator and maritime cases. The attorneys here have been successful in trying cases to verdict in state and federal courts and have been particularly successful in obtaining dismissals on motion.

Our GLC defense practice group has also developed special expertise in mediating and creatively making use of alternative dispute resolutions methods, minimizing costs and maximizing case strengths, to resolve cases. We intensely focus on resolving cases in the earliest stages if possible. We strongly endeavor to have adversarial plaintiff parties settle cases with us prior to trial which means considerable cost and time savings to our clients.

Insurance Bankruptcy Practice

Insurance Bankruptcy Practice

Our insurance clients are impacted today by insurance-sensitive bankruptcies involving many industries such as financial institutions, manufacturing entities, and all sizes of businesses. We are involved in the legal interplay between insurance coverage disputes and policyholder bankruptcy. Our insurance and bankruptcy experience is invaluable to help insurers develop and implement effective strategies in reorganization and liquidation cases of all sizes.

Our representation includes insurer clients in major policyholder bankruptcy proceedings and in coverage litigation and counseling matters related to insolvent insureds. Our advice is sought in connection with liability claims brought by debtors-in-possession, bankruptcy trustees, creditors’ committees and other bankruptcy constituencies. We counsel insurers concerning matters that may arise when a corporate policyholder is in financial distress, including the impact of the automatic stay on claim handling, challenges to payouts as preferences, coverage issues and underlying and coverage litigation.

Insurance Coverage and Bad Faith Litigation

Insurance Coverage and Bad Faith Litigation

We have represented insurers in coverage and bad faith litigation under Directors and Officers Liability, Professional Liability, Miscellaneous Liability, Errors and Omissions, Environmental Liability and numerous other insurance policies. Our attorneys have been involved in nearly every jurisdiction in the country, federal or state, working with the most prominent arbitrators and mediators in such jurisdictions. Our attorneys have assisted in the resolution of insurance coverage and bad faith disputes relating to excess judgments against insureds, disputes over policy terms and endorsements and disputes relating to stipulated settlements.

Lawyers Professional Liability Defense

Lawyers Professional Liability Defense

For the past four decades, we have defended hundreds of attorneys and law firms, large and small, through engagement by insurance carriers or the law firms themselves in court actions, arbitrations, and disciplinary proceedings. We have substantial expertise and trial experience in defending the legal profession. Our representation has covered a wide range of subject matters including securities, intellectual property, matrimonial, real estate, contracts, torts, commercial disputes, products liability, personal injury and trusts and estates. Our partners also regularly lecture in the area of lawyer malpractice defense as well as provide guidance to clients in areas in risk management and ethics.

Miscellaneous Professional Liability Defense

Miscellaneous Professional Liability Defense

Our role as defense counsel in cases involving miscellaneous professional liability has been a cornerstone of our practice for over thirty years. Over many years we have been involved in a very considerable number of defense cases. Our expertise in defending these cases includes the representation of insurance agents and brokers, broker/dealer, registered representatives, actuaries, pension consultants, real estate brokers, property managers, home inspectors, sales agents, mortgage brokers and title insurance agents, in civil litigations filed in the state and federal courts, arbitrations, and before administrative agencies and licensing boards.

Reinsurance

Reinsurance

This practice group handles all facets of international and domestic reinsurance dispute resolution encompassing arbitration, litigation, negotiation, and mediation. Our firm’s clients have been both domestic and foreign, including subsidiaries and branches of foreign companies. We have significant experience in reinsurance, with the assistance of local counsel, in arbitration of disputes in London and Bermuda under English and Bermudian law. We also represent insurers and reinsurers in regulatory, general corporate and transactional matters, including licensing and compliance, the purchase and sale of companies, commutations and loss portfolio transfers. Our representation has included cedants, reinsurers, reinsurance intermediaries and agents, managing general agents, managing general underwriters and third party administrators.

We have served as counsel in arbitrations concerning reinsurance on asbestos and pollution liability involving both reinsurance coverage and allocation of loss issues. We advise clients on insurance and reinsurance insolvencies, both domestic and foreign, and on other numerous matters involving significant reinsurance issues.

Toxic Tort Coverage and Litigation

Toxic Tort Coverage and Litigation

Our firm counsels on and resolves coverage disputes, as well as develops new products to capitalize on insurance for “mass tort” perils. Our practice group represents major domestic, London, Bermuda and other foreign insurers, and has litigated or arbitrated against Fortune 500 companies over nearly all the major mass tort coverage issues presented by toxic substances like asbestos and lead, and therapeutic products like over-the-counter drugs, pharmaceuticals and medical devices.

Our lawyers helped develop the first Asbestos Abatement Liability policies available in the market, one of the most successful insurance products of its kind. We have worked with major domestic and foreign insurers to arrange one of the largest alternative risk transfers of toxic tort liabilities from policyholder to insurers. In addition, we work on policies and endorsements for domestic and Bermuda insurers to accommodate the special insurance needs of their major clients to address their mass tort exposures in a prudent, calculated manner.

Employment

Employment

Attorneys Involved

D’amato & Lynch, LLP

Notices & Disclaimers

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