Insurance

Representative Experience

Insurance Coverage and Disputes

• Obtained favorable settlement for primary insurer against excess insurer after filing motion for summary judgment.
• Defended insurer through appeal on agent’s claim of authority to bind insurer to coverage.
• Obtained dismissal of multiple breach of insurance contract and bad faith actions filed in Indiana state and federal courts; argued before the U.S. Court of Appeals for the Seventh Circuit where we prevailed in a unanimous decision.
• Won summary judgment in multimillion dollar dispute between primary and excess insurance carriers in the U.S. District Court for the Northern District of Georgia.
• Secured complete victory on behalf of insurance company in Michigan federal court after bus crash resulted in dozens of separate claims and lawsuits. Insurer client obtained a ruling that it justifiably rescinded the insurance policy based on misrepresentation and obtained an additional ruling that the rescission applied to dozens of third parties that brought claims against the insurer.
• Represented insurer in arbitration regarding number of applicable policies in which panel found in favor of client, resulting in significant cost savings.
• Successfully defended insurer in federal court against claims of breach of duty to defend and bad faith. Matter settled for less than 5 percent of plaintiff's alleged damages following motion practice.
• Represent insurer in federal court MDL in connection with COVID-19 business interruption claims.
• Represent client in connection with state efforts to hold oil companies responsible for alleged damages arising from climate change.
• Represent insurers in several lawsuits in Missouri state court alleging bad faith failure to defend and/or bad faith refusal to settle, each resulting in favorable outcomes and dismissals of insurer.
• Obtained dismissal of lawsuit asserting ERISA claims against HMO stemming from coverage dispute, which was affirmed by the U.S. Court of Appeals, Eighth Circuit. Knieriem v. Group Health Plan Inc., 434 F.3d 1058 (8th Cir. 2006).

Insurance Class Action

• Achieved victory in four class action COVID-19 business interruption lawsuits, with a further victory in one at the 7th Circuit Court of Appeals.
• Represented insurer in federal court MDL in connection with COVID-19 business interruption claims.
• Served as national coordinating counsel and class action counsel for multiple insurers in COVID-19 business-interruption litigation.
• Successfully defended six COVID-19 business-interruption class actions, including multiple class actions involving a provision that covered losses if a government entity shut down the insureds’ operations due to an outbreak of communicable disease at the insured premises and a class action involving unique premium-rebate claims. Prevailed on dispositive motions in all six class actions, and secured favorable appellate decisions in all three class actions that were appealed.
• Represented insurer in connection with proceedings before Judicial Panel on Multidistrict Litigation where JPML was considering the creation of an industry-wide multidistrict litigation involving COVID-19 business-interruption claims.
• Representing multiple insurers in class actions involving labor depreciation and general contractor overhead and profit depreciation.

Insurance Regulatory and Receivership

• Served as counsel to the receiver and deputy receiver regarding rehabilitation and liquidation proceedings; provide periodic status reports to the Court and Receiver; coordination with Guaranty Associations, policyholder and other creditor communications, and adjudication of claims according to the state insurance liquidation statutes.
• Investigated and prosecuted claims on behalf of receivers, insolvent insurers, and creditors, including claims for ACA payments, claims against outside professionals to the insurer, and claims against former directors, officers, and corporate affiliates of the company.
• Represented state insurance commissioner in his capacity as the court-appointed receiver of an insurer on issues relating to whether state insurance laws reverse preempt federal arbitration laws.
• Appointed by the state insurance commissioner to serve as the deputy liquidator of an insolvent insurer; work closely with department on winding down insurer; oversee wind-down operations with involvement on HR, contracts, tax, financial reporting, subrogation, claims, security, and sale of assets.
• Worked with regulators in relation to receivership of insurer domiciled in neighbor state, interact with department in relation to litigation brought by receiver against outside professionals and subpoena to the department for records and testimony.
• Navigated expedited negotiations, hearings, and discovery for state insurance department client in disputed rehabilitation and subsequent liquidation proceedings.
• Secured settlements for over $150 million on behalf of insurance estate, a state insurance commissioner.
• Advised state regulator on a carrier's agreements with affiliated companies and individuals, including Form A and Form D filings, and related examination of the company.
• Advised national insurance agency selling Medicare supplement and other health products on compliance issues; work on resolution of difficult investigation by the department.
• Represented national health insurer on state regulatory compliance issues, including market exit, prompt payment statutes, state requirements for health insurance offerings, and consumer complaints.
• Advised state regulator in relation to data breach of insurer and reporting obligations.
• Advised transactional teams on Form A change of control processes for various entities subject to state insurance laws.
• Advised national P&C carrier on licensure requirements for specialized products in all jurisdictions.
• Advised national Medicare Supplement Agency on requirements for sale of products in each state.
• Advised national carrier and national broker on advertising laws and guidelines for insurance products and transactions.
• Represented leading national insurance regulatory organization with regard to amicus briefing in the Supreme Court of the United States dealing with health insurers' claims for outstanding Risk Corridor payments under the Affordable Care Act.
• Navigated expedited negotiations, hearings, and discovery for state insurance department client in disputed rehabilitation and subsequent liquidation proceedings. Team counsel avoided trial, resulting in significant client cost and time savings, thus preserving and maximizing estate assets.
• Represented national life insurance company in responding to state market conduct examinations and other claims and investigations brought by state regulators, involving issues including contestable claims practices, policy sales, and marketing of insurance products.

Life Insurance

• Obtained order in Court of Appeals affirming summary judgment in favor of insurance company in insurance coverage dispute. Dallas v. American General Life & Acc. Ins. Co., 709 F.3d 734 (8th Cir. 2013).
• Defended a major insurer in a $600 million Employee Retirement Income Security Act (ERISA) class action lawsuit. Plaintiff sought recovery on behalf of 23,000 present and former independent contractor insurance agents. Obtained summary judgment on all claims.
• Successfully defended life insurance company in a class action lawsuit alleging that insurer breached state law in its adjudication of contestable life insurance claims; court granted summary judgment for insurer on the named plaintiff’s claim, which was affirmed by the Sixth Circuit Court of Appeals.

Environmental Claims

• Represented client in a complex dispute with its primary and excess insurance carriers over the payment of millions of dollars in defense costs and environmental remediation costs at 100 sites across the country. Representation included winning summary judgment and jury trials that involved complex contractual, environmental and factual issues, resulting in multimillion-dollar verdicts for client. Olin Corp. v. Insurance Company of North America.
• Represented insurer in arbitration over applicability of coverage under site pollution liability policy regarding historical pollutant, resulting in favorable settlement.
• Obtained substantial relief in a dispute involving 9/11 rescue, recovery, and clean-up claims.
• Served as trial counsel for corporate client in a six-week jury trial in the United States District Court for the Southern District of New York regarding insurance coverage for remediation costs at five environmental sites resulting in a judgment for our client of more than $81 million.