Insurance / Reinsurance

Commercial General Liability

• Represented insurers in significant trial and appellate cases involving state and local government public nuisance claims for recovery of government expenditures.
• Counseled insurers in connection with unique high value claims for recovery under CGL and other policies.
• Served as strategic counsel to a major insurance company with respect to defending underlying silica claims, including claims asserted in the federal multidistrict silica litigation.
• Represented aviation insurer in claims and litigation seeking recovery for aircraft stranded in Russia following the invasion of Ukraine.
• Defended a wide array of bad faith claims involving significant exposure to our clients.  
• Advising on coverage issues under cyber, crime, media and technology and other lines, including general liability, E&O and D&O policies.
• Monitoring and providing strategic advice in connection with underlying cyber-related claims. Counseling on coverage and claim-handling for third-party claims involving data breaches and alleged privacy violations.
• Handling first-party coverage issues involving costs of notification, forensic investigation, and business interruption.

Reinsurance

• Successfully represented a cedent in connection with a reinsurer's refusal to pay declaratory judgment expenses in the absence of a loss payment.
• Successfully represented a cedent in connection with a reinsurer's non-disclosure/rescission claim, and the ceding company's alleged breach of its warranty of retention.
• Successfully represented a reinsurer in a dispute involving the reasonableness of a cedent's allocation of settlement costs.
• Represent a reinsurer in a reinsurance arbitration involving a dispute over the proper method of allocating and ceding "non-products" asbestos settlements.
• Defeated ceding company’s attempt to rely on “paid or to be paid” language to accelerate reinsurer’s payment obligation, relying on evidence of underwriting history and intent and custom and practice.
• Defeated foreign reinsurer’s attempt, based on alleged misrepresentations during placement, to rescind dozens of reinsurance contracts. Secured award of 100% of the attorneys' fees incurred by our client in connection with the dispute.
• Represented reinsurer of a Chinese microchip producer in connection with disputes regarding coverage for a business interruption loss where the interruption was within the period of cover but the causative occurrence was prior to the reinsurance contract’s inception.

Cyber Coverage

• Assisting with drafting and review of cyber-liability policies, including negotiation with brokers and policyholders.
• Monitoring and providing strategic advice in connection with underlying cyber-related claims.
• Advising on coverage issues under cyber, crime, media and technology and other lines, including general liability, E&O and D&O policies.
• Handling first-party coverage issues involving costs of notification, forensic investigation, and business interruption.
• Counseling on coverage and claim-handling for third-party claims involving data breaches and alleged privacy violations.

Aviation Coverage

Aviation coverage counseling, litigation and ADR efforts:

• Trial counsel for alleged misrepresentation in procurement claim, resulting in a rescission action, as well as dispute over various aviation policy terms, conditions, and exclusions.
• Advising insurers and reinsurers on coverage issues such as Search and Rescue under Aviation Hull and Liability All Risks insurance (MH 370), hull war coverage (MH17), disputed crew Personal Accident coverage, coverage for terrorism under variations of AVN 52, and WTC aviation exposures.
• Counseling insurers on product liability coverage issues such as those arising from component failure allegedly caused by design fault, faulty maintenance, and/or an inherent defect in aircraft equipment; also represent insurers with respect to losses of aircraft and for a claim arising from the conversion of aircraft to unapproved use.
• Advising on Hanger Keepers’ liability in the context of the roof collapse on a large business jet facility at Dulles Airport, Virginia.
• Drafting policies of insurance for pre-launch, launch plus one year, and in-orbit satellite constellations which involved a bespoke definition of a constructive total loss.

Unmanned aircraft system (UAS or drone) matters, including operational and coverage issues:

• Provide legal and regulatory counseling on UAS compliance issues.
• Meet with government representatives responsible for UAS policy to discuss policy considerations for clients operating and insuring drones.
• Advise on use of UAS for insurance operations, such as roof inspections and catastrophe response.

Property Coverage

• Counseled insurer on coverage and claim handling rights relating to building collapse claim; resulting in a coverage denial being upheld in trial and appellate court litigation.
• Representing, through a cross-practice team, insurer in connection with a major property claim for losses resulting from the NotPetya cyberattack. The company sued its entire property coverage tower for the period when the cyberattack occurred. 
• Advising reinsurers in assessing legal issues and exposures associated with disputes emanating from certain weather-related losses in North America, mostly associated with Hurricanes Katrina, Ike, and Sandy.
• Representing reinsurer in litigating the extent of first-party property damage coverage for a set of condos/apartments that had experienced water damage.
• Handling a reinsurance dispute over the allocation of property losses associated with multiple apartment complexes that had lead paint in Baltimore, MD.

Transactional Liability

• Representing the buyers and their insurers on environmental exposure.
• Assessing coverage for buyer litigation against third parties to protect the value of its investment and mitigate loss.
• Defending the buyers against breach of contract/negligence claims in a cyber tech setting.

Economic Sanctions and Insurance

• Advising insurer and reinsurer clients on the impact of the U.S. withdrawal from the Iranian nuclear deal and the impact of the E.U. Blocking Statute.
• Providing guidance to insurers on the use of the sanctions and territorial exclusion clauses in light of the conflict of laws arising between U.S. secondary sanctions and the E.U. Blocking Statute.
• Advising reinsurer controlled by U.S. persons on impact of the U.S. withdrawal from the Iranian nuclear deal.
• Advising insurer and reinsurer clients on the developing U.S. Venezuela-related sanctions; the impact of designation of PdVSA and assisting clients to identify and mitigate risks.
• Responding to almost daily sanctions compliance questions raised by International Group P&I insurers including underwriter guidance and assisting with due diligence enquiries both at the pre-bind and claims stages.
• Advising marine insurers on impact of recent OFAC marine advisories and providing guidance on updating and developing due diligence procedures and compliance programs in light of the advisories.
• Advising insurer on the extraterritorial scope of U.S. Russia-related sanctions and steps to be taken to limit Russia risk.
• Providing regular internal sanctions training to underwriting and claims teams for International Group P&I insurers and for global insurer.
• Providing guidance on internal sanctions compliance policies and procedures for global insurer and assisting with integration of financial crime program.
• Reviewing existing sanctions policies and procedures and updating to take into account sanctions developments.
• Providing advice and assistance to insurers in relation to due diligence enquiries made by third party suppliers.
• Attending monthly sanctions working group meetings for global insurance client.
• Advising global (re)insurers on implications of designation of Russian oligarchs and the businesses they own and control and providing guidance on practical considerations relating to termination of policies.
• Planning and hosting full-week training program for insurer’s global compliance team on how to manage sanctions developments in a business-friendly manner.

InsurTech

• Using blockchain for underwriting, claims handling, and documenting transactions.
• Avoiding compliance problems for start-ups selling insurance over the internet.
• Counseling clients seeking to use smartwatches to benefit health insurance consumers and telematics to underwrite auto insurance.
• Advising on newly imposed cybersecurity requirements affecting insurers and other licensees in New York and other states.
• Drafting a licensing agreement for use of customized predictive model in the life insurance space.
• Acting as principal insurance regulatory counsel to one of the world’s largest sellers of personal tech devices.