- Insurance Business
October 8, 2021 | Insurance Business
Protecting management risk.
Our attorneys evaluate coverage, advise, and defend clients on claims-made policies issued to a wide-range of traditional and non-traditional professionals and managers, including directors & officers, attorneys, accountants, and realtors. Issues handled are unique to these policies, including claims made/reported, scope of coverage, defense counsel selection, and consent to settle provisions.
We prosecute and defend insurers against claims by policyholders and additional insureds, including declaratory relief, breach of contract, rescission, reformation, fraud and bad faith.
Directors & Officers Liability
Fraud, mismanagement, and economic downturns have led to major D&O events impacting the insurance markets over the last decade. Our clients rely on our understanding of securities laws, state and federal case law, dispute resolution processes, and the scope and intent of the insurance products to evaluate and resolve these often-complex claims.
Professional Liability
Experience handling the wide gamut of professional liability exposures enables our attorneys to provide clients with the broadest possible perspective in resolving professional errors and omissions claims through negotiation, litigation or arbitration. We represent insurers in claims involving accountants, actuaries, architects and engineers, fiduciaries, financial institutions, insurance agents and brokers, investment advisors, lawyers, managed care facilities, public entities and securities broker-dealers.
Employment Practices Liability
Our attorneys assist with claim handling and in representing insurers in litigation, arbitration or mediation with respect to the often difficult and emotionally charged areas of employment practices liability, such as:
- Race and gender discrimination
- Wrongful termination and retaliation
- Sexual harassment
- Wage and hour disputes
- Breach of contract
- Americans with Disabilities Act
- Age Discrimination in Employment Act
TEAM
EXPERIENCE
- Secured summary judgment for professional liability insurer based upon prior knowledge exclusion, precluding any obligation for alleged extra-contractual damages due to wrongful failure to settle.
- Obtained summary judgment for insurer and its managing general agent for a putative class action against the insured employee benefit plan under errors and omissions policy.
- Defended insurer against novel arguments that Directors & Officers policy covered multimillion-dollar exposure arising out of a complete business separation of legacy businesses.
- Obtained summary judgment for professional liability insurer against claims of wrongful failure to defend and indemnify title company for claims involving allegedly fraudulent transactions and accounting deficiencies.
- Defended insurer in coverage action over wrongful incarceration claim that included issues concerning law enforcement and umbrella policies, and assisted in negotiating favorable settlement.
- Intervened in probate/malpractice dispute concerning decedent policyholder who left behind mismanaged firm facing multiple claims and administrator's claim against the estate.
- Obtained dismissal of claims against architectural firm based upon the statute of repose.
- Obtained dismissal with prejudice for insurer in federal court action involving a multimillion-dollar fidelity claim, including bad faith allegations, arising from employee dishonesty at non-profit organization.
- Represented insurer in million-dollar bad-faith coverage litigation involving claims that insured protective clothing manufacturer misrepresented facts in its application.
- Successfully litigated matter related to the failure of an independent physicians' association and lawsuit presenting a $10 million E&O and D&O claim on behalf of syndicate of London market insurers, and settled dispute for a fraction of the exposure.
- Provided coverage advice under Directors & Officers policies concerning underlying antitrust, qui tam, and class action actions.
- Obtained complete victory by summary judgment in unique action concerning allegations that insurance company intentionally interfered with attorney's purported lien on a former client's settlement.
- Resolved coverage litigation on behalf of syndicate clients, resulting in a return of funds advanced in underlying professional malpractice action.
- Defended insurer in state court coverage action and obtained favorable settlement with condominium association that sought defense under its Directors & Officers policy.
- Obtained favorable settlement after strategically litigating certain aspects of coverage action involving alleged claim-handling errors and legal malpractice on behalf of a syndicate of international and domestic insurers faced with $100 million in bad-faith exposure.
- Obtained summary judgment, affirmed by the Third Circuit, that insurance policy owed no obligation to reimburse insured $16.8 million in attorneys' fees incurred to defend litigation against tobacco company.
- Provided successful coverage advice relative to a lawsuit pending in Seoul (Korea) Southern District Court alleging trade secret violations by international pharmaceutical company insured.
NEWS
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