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Insurance / Reinsurance

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Providing sophisticated solutions to manage complex risks: It’s what our clients — and our attorneys — do best.

We are strategic counsel to many of the world’s leading insurers and reinsurers, skilled litigators and dealmakers, and recognized authorities in rapidly emerging issues such as environmental, social and governance (ESG) initiatives, InsurTech, cyber coverages, climate change, mass tort product liability and more. Our team helps clients:

  • Resolve complex, high-stakes commercial, coverage and other disputes with policyholders, competitors and vendors
  • Identify and evaluate strategic business considerations in light of evolving market conditions, geopolitical events and other forces
  • Navigate policyholder bankruptcy proceedings

Our seasoned practitioners have decades of experience advising clients in all major insurance business lines, including property, casualty, directors and officers, errors and omissions, and other coverages, and across all segments of the industry, such as insurance, reinsurance, captives, runoffs and special-purpose vehicles. Learn more about our experience:

While we take great pride in our record of success — Chambers USA highlights our team’s “considerable strength” and “substantial capabilities” — our eyes are firmly focused on the future. We help insurers and reinsurers maximize the value of emerging technologies such as artificial intelligence, drones, cloud computing and blockchain; navigate regulations governing their application and use; and address the risks that arise from these revolutionary tools. Our deep roots in mass tort, products liability and environmental law also help us stay abreast of emerging cases that will impact and potentially change insurance exposures.

Sophisticated dispute resolution, precedent-setting appeals.

A litigation powerhouse, our team has successfully handled numerous multimillion-dollar disputes and won key trial- and appellate-court victories that have helped draw clear lines around insurer liability and exposure. We draw on the firm’s powerhouse litigation and trial practice to help our clients confront litigation challenges and intelligently protect their business interests. Our strong negotiating skills have enabled us to achieve favorable settlements in numerous high-profile disputes. In addition to representing insurers and reinsurers, we have also advised industry trade associations in the development of amicus briefs and policy statements designed to clarify key issues and further the development of established law.

Taken together, our first-chair trial and appellate experience, industry-specific knowledge and efficient use of resources have positioned us for success at every step of complex, high-profile and high-dollar insurance disputes, from discovery and pre-trial planning, to motions and appeals. We serve as lead and coordinating counsel for class action and multi-district litigation and have developed sophisticated arguments that have helped shape case law and precedent.  

Among other examples:

  • We represent a large regional insurance company as nationwide coordinating counsel for its COVID-19-related insurance exposures. We recently won an important victory in the Wisconsin Supreme Court, in which a unanimous Court reversed and remanded the circuit court’s decision to deny our client’s motion to dismiss.
  • We represented one of the top ten global property and casualty insurers in the company’s successful negotiation of a multimillion-dollar, high-profile settlement of a complex, mass-tort liability case with families of victims of the shootings at Sandy Hook Elementary School in Connecticut.
  • We negotiated a $52.5 million settlement on behalf of the US subsidiary of a global, multi-line insurance company with Boy Scouts of America (BSA), its official committee of creditors and other claimant representatives in BSA’s Chapter 11 case in Delaware. The settlement is pending approval as part of BSA’s request for confirmation of its reorganization plan.

Helping insurers take care of themselves so they can better help their clients.

As insurers take bold steps to address structural shifts in the marketplace, leverage InsurTech and other financial-services tools and platforms, and respond to evolving customer behaviors, Crowell’s insurance and reinsurance lawyers can help. We have assembled a host of resources, teams, and services to advise clients on key issues such as cyber incidents and data security, environmental social governance, labor and employment matters, government relations, internal investigations and more. We draw on experienced practitioners across the firm’s practice groups to provide proactive, industry-specific guidance.

Navigating social- and corporate-responsibility challenges

As ESG issues garner increased attention, insurers and their policyholders face growing pressure from stakeholders in a range of areas, including diversity, sustainability, fair labor practices and climate-change-related disclosures. We work with clients to evaluate and develop their own policies and practices, conduct ESG audits, quantify risk factors in underwriting, loss control and coverage analyses, reduce uncertainty around new product offerings, shape the development of legislation and regulation, and address public-relations and reputational threats. Learn more about our ESG and Insurance Advisory services.

Managing cybersecurity and privacy threats

Ransomware, malware, distributed denial of service (DDoS) and other cyberattacks are growing more sophisticated by the day. In the face of these challenges, insurance companies must develop proactive responses that help policyholders — and themselves — manage potential risks and exposure. Learn more about our Privacy & Cybersecurity planning and incident response services.

Managing geopolitical threats

Geopolitical events in Russia, Iran, Venezuela and other sovereign states are giving rise to strict domestic and multinational sanctions regimes that can have a significant impact on policyholders and their insurers. Learn more about our multi-jurisdictional sanctions services.

Effective M&A for insurers

Like all businesses, insurers pursue a range of acquisitions, divestitures, spinoffs and other transactions. Unlike many businesses, insurers operate in a highly regulated environment that places them under heightened federal and state scrutiny. As clients seek to enhance their market presence, grow and diversify their earnings, divest or reinsure legacy blocks, and improve underwriting methodology by acquiring data analytics, intelligent pricing, antifraud and telematics businesses, Crowell’s corporate team offers nuanced due diligence and other services that respond to the unique industry and regulatory pressures. Learn more about our Corporate Transactions and M&A services.

Managing internal investigations

Insurers and reinsurers are subject to a worldwide network of insurance and financial-services regulations, anticorruption and anti-money laundering regimes, and other regulatory schemes, many of which include severe civil and criminal consequences for violations and wrongdoing. Our insurance investigatory practice, along with our White Collar & Regulatory Enforcement Group, help clients conduct and coordinate investigations across jurisdictions, helping assure regulators and prosecutors that reviews of internal conduct are thorough, comprehensive and reliable. Learn more about our Insurance/Reinsurance Internal & Governmental Investigations services.