Our Insurance Litigation Group represents life, health and disability insurers, as well as annuity companies, in litigation nationwide before state and federal trial and appellate courts. We also work with our clients to resolve disputes through pre-litigation counseling and negotiations, mediation, and arbitration. Our firm is nationally recognized for its class-action, coordinated mass-action, and appellate experience. We regularly represent insurers in opposing class certification and at trial. Our appellate attorneys, many of whom have clerked for the United States Supreme Court, have the distinct set of skills required by this specialized area of practice. Our spectrum of experience spans virtually all policy types, including major medical, disability, long-term care, cancer and other supplemental health policies, permanent and term life insurance, accidental death, as well as fixed and variable annuities.
We protect our clients’ interests in avoiding, defending and resolving disputes arising out of virtually every aspect of their businesses:
- Beginning with policy design, we have assisted clients in minimizing their exposure to litigation.
- We have successfully defended clients from allegations of wrongdoing associated with the development of new products, including claims of negligent underwriting and allegations of racial discrimination in the historical pricing of life insurance.
- When the dispute concerns the point of sale, we have extensive experience in sales practices litigation, ranging from rogue agent cases to annuity suitability litigation.
- Once the policy has been issued, we have successfully litigated cases concerning policy administration, such as disputes over cash values, interest rates, insurance charges, policy loans and withdrawal privileges, as well as so-called “death spiral” litigation, “vanishing premium” litigation, and “vanishing insurance” litigation.
- We have advised clients on the payment or denial of claims, including denial based on misrepresentations in the application, lack of insurable interest, or lack of the insured’s consent.
- We have considerable experience with stranger-owned life insurance (“STOLI”) issues.
- When the denial of a claim results in litigation, we have defended allegations of breach of contract, bad faith and fraud, as well as violations of state consumer protection statutes.
- We have litigated a broad array of disputes regarding policy termination, including cases involving policy lapse or the alleged “twisting” or “churning” of policies by an agent.
In addition to defending claims brought by insureds, our insurance group also regularly defends cases filed by agents and independent marketing organizations. Whether the matter involves a simple commission dispute or millions of dollars in alleged damages for lost profits, we are familiar with the unique issues and significant exposure that agent litigation frequently presents.
Our insurance clients also rely on us when they are in need of affirmative relief. From simple interpleader and rescission matters, to agent debt cases, to disputes with reinsurers, to complex litigation over liability coverage, our clients routinely turn to us to handle their thorniest legal issues. Our representation is not constrained by state lines or even the regional footprint of the firm’s seven offices. Our insurance group is licensed in 26 states and has litigated in almost every state in the continental U.S. Our national expertise combined with our reasonable rates and dedication to client service uniquely positions our insurance group to represent any client on any matter in any jurisdiction.