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Capabilities / Insurance

Insurance

Keeping our clients covered.

Husch Blackwell’s Insurance team covers virtually every segment of the insurance industry nationally and internationally. Our team represents insurance and reinsurance providers and agencies in litigation, insolvency, regulatory, and transactional matters. In issues involving property and casualty, life, health and welfare, fiduciary errors and omissions, liability, title, or workers' compensation insurance, we have the experienced, dedicated professionals it takes to develop solutions that achieve client business objectives.

We also offer comprehensive advice on policy coverage and procurement, loss mitigation strategies, dispute resolution, regulatory and compliance issues, technology matters, tax questions, insurance investment management and dispositions, and insurance carrier and agency acquisitions and divestitures. Further, our government affairs professionals and lobbyists are seasoned advocates for our clients, tracking and influencing legislative developments in their best interests.

Husch Blackwell plays an active role in important insurance industry associations for a front-row view into industry trends, and we regularly represent some of the leading insurance carriers in the world.

Our guidance to clients in the insurance sector includes:

  • Agency and broker services
  • Coverage evaluation and disputes
  • Federal and state regulatory and compliance
  • Financing
  • Government affairs and lobbying
  • Insurance carrier and agency acquisitions and divestitures
  • Insurance investment management and dispositions
  • Loss mitigation strategies
  • Policy coverage and procurement
  • Taxation

Insurance Coverage and Disputes

Husch Blackwell lawyers have broad experience litigating virtually every kind of coverage claim. Our attorneys have secured favorable results for our clients in all manner of litigated and arbitrated coverage disputes involving general liability, property damage, directors and officers (D&O) liability, errors and omissions (E&O) liability, employee dishonesty, professional liability, products liability, premises liability, business interruption, aviation risk, cyber risk, fire, flood, windstorm, life and health, and numerous other specialty forms. Our attorneys also have gained broad experience representing our clients in coverage claims for asbestos, environmental, and toxic tort liabilities. 

We represent insurers in all types of litigation and disputes, including:

Coverage Evaluation and Disputes

  • Actions to rescind policies for fraud or misrepresentation
  • Evaluating duty to defend and indemnify under all types of liability insurance, including D&O, E&O, professional liability, builder's risk, employment practices (EPL), and commercial general liability (CGL) policies
  • Extra-contractual liability, including for bad faith, vexatious refusal, punitive damages, and statutory penalty claims
  • Property claims and disputes, including for business interruption and extra expense
  • Credit insurance
  • Cyber insurance (first and third party) coverage evaluation and disputes
  • Real estate title insurance
  • Parametric and crop insurance coverage and disputes
  • Specialty lines and manuscript policies

Class Action Litigation

  • Aftermarket crash part issues
  • Employment classification of insurance agents
  • Independent contractor defense of insurance agents
  • Insurance claims handling and underwriting practices
  • Medical bill review and repricing
  • Med-pay provision issues and calculation of premiums
  • Rates and rate-making
  • Replacement value calculations for homeowners' insurance

Insolvency

  • Claims adjudication
  • Coverage disputes
  • Insurance commutations and rescissions
  • Reinsurance and excess insurance
  • Representations of supervisors, rehabilitators, and liquidators of financially troubled insurance companies

Other Insurance-Related Claims

  • Constitutional challenges to statutory enactments
  • Employee Retirement Income Security Act (ERISA) and non-ERISA claims
  • Insurance broker/agent liability for failure to procure insurance
  • Disputes with Health and Human Services
Media Mentions | January 09, 2023
AzBusiness: Top 100 Lawyers in Arizona for 2023
News Releases | June 03, 2022
Husch Blackwell Secures Pair of Decisions Affirming Dismissal of COVID-19 Coverage Claims in the Seventh Circuit

The Seventh Circuit affirmed two district court rulings granting motions to dismiss COVID-19 business-interruption coverage claims.

Media Mentions | July 02, 2020
Business Insurance: Up Close - Jason R. Fathallah
News Releases | May 27, 2020
Jason Fathallah Joins Husch Blackwell's Litigation, Insurance Groups

Fathallah is a first-chair trial lawyer with a national practice; he has also litigated some of the most significant insurance coverage and business disputes in recent Wisconsin state history.

News Releases | November 11, 2019
26 Husch Blackwell Attorneys Named to 2019 Wisconsin Super Lawyers/Rising Stars

The firm has 16 attorneys named to the Super Lawyers list and 10 attorneys named to the Rising Stars list.

News Releases | September 30, 2019
Husch Blackwell Adds Six Litigators to Phoenix Office

Following the August move of Dan Goldfine, Josh Grabel, Jamie Halavais and Ian Fischer to the office, the September addition of Garcia and Hembd further enhances Husch Blackwell’s Phoenix attorney roster.

News Releases | September 10, 2019
Husch Blackwell's Scott and Eckelkamp Named 2019 Up & Coming Lawyers

The annual Up & Coming awards “celebrate outstanding legal professionals who are 40 or younger or who are within their first 10 years of practice.

News Releases | September 03, 2019
Nine Husch Blackwell Lawyers Named to 2019 Thomson Reuters' Texas Super Lawyers

Covering more than 70 practice areas, Super Lawyers is a directory of lawyers who have attained a high degree of peer recognition and professional achievement.

News Releases | August 15, 2019
Husch Blackwell Places 143 Lawyers in 2020 BL Rankings' Best Lawyers in America®

The firm has eight "Lawyers of the Year" and 11 attorneys appearing on the list for the first time.

Media Mentions | August 14, 2019
The Missouri Bar: MoveMakers & NewsMakers 8/14/19
News Releases | August 05, 2019
Nationally Recognized Class Action and Complex Commercial Litigation Team in Phoenix Joins Husch Blackwell

“The addition of this marquee team is significant for our firm, not just in addressing our strategic initiative of meaningful expansion in Phoenix, but also in expanding the firm’s existing practice and expertise,” said Eric Lenzen, leader of Husch Blackwell’s Financial Services & Capital Markets Business Unit.

News Releases | August 01, 2019
Bernardo Zito Porto Joins Husch Blackwell's Kansas City Office

Zito Porto focuses his worldwide practice on all stages of complex commercial litigation and proactive risk assessment on insurance coverage matters.

Husch Blackwell has proven to be a tremendous partner on a wide range of matters, but particularly those that are complex and sophisticated.

Chambers USA 2023