Photograph of Laura Foggan

Education

  • University of Pennsylvania, B.A., magna cum laude
  • University of Pennsylvania, M.S. Ed
  • The George Washington University Law School, J.D., with high honors, Order of the Coif

Admissions

  • District of Columbia


Natural Disasters – Dealing with the New Normal


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Crowell & Moring's Regulatory Forecast 2018
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Regulatory Forecast 2018

Laura Foggan, Partner Washington, D.C.
lfoggan@crowell.com
Phone: +1 202.624.2774
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Laura Foggan is a partner in Crowell & Moring's Washington, D.C. office, where she is a member of the firm's Insurance/Reinsurance Group. She is described by LawDragon 500 Magazine as "one of the most successful advocates for the insurance industry to ever practice" and recently was recognized as a Thought Leader for Insurance & Reinsurance by Who's Who Legal (2018) and named Washington DC Insurance "Lawyer of the Year" by Best Lawyers (2017). Laura represents clients in a variety of litigation and counseling matters, including:

  • Counseling insurers and reinsurers on strategic opportunities, litigation trends, and emerging risks such as autonomous vehicles and drones, privacy and cyberliability, global warming (climate change), internet-of-things (IoT), artificial intelligence (AI), and utilization of blockchain or distributed-ledger technology.
  • Serving as lead counsel in a wide range of complex insurance matters, such as coverage disputes involving rescission, additional insureds, allocation, exhaustion, the duty to defend, settlement obligations, policy conditions and exclusions. Also represents insurers in bad faith and extra-contractual matters.
  • Representing clients in both federal and state appellate courts. Has participated in more than 250 appellate cases including key national precedents on insurance issues. Argued before numerous federal circuits and state appellate courts.
  • Representing insurance trade associations in a wide variety of matters affecting the business of insurance, including an extensive amicus curiae practice. Also provides technical analysis of insurance issues and analyzes and formulates regulatory and legislative proposals for trade associations and individual clients.
  • Assisting in drafting insurance policy forms and endorsements, offering strategic suggestions and form language to meet product goals and regulatory requirements. Particular focus on cyber privacy and data security exposures, including stand-alone cyber, professional liability, and general liability policies. Drawing on the experience of the firm’s Privacy and Cybersecurity Group, monitor and analyze cyber-related claims and coverage issues.
  • Contributing to pro bono and community service activities.

In addition to her litigation and counseling work described above, Laura represents insurers in arbitrations, as well as Alternative Dispute Resolution (ADR) and mediation proceedings. She handles multi-party negotiations involving private claimants, multiple carriers, and insureds. Laura also assists in drafting insurance policy forms and endorsements, offering strategic suggestions and form language to meet product goals and regulatory requirements.

A former co-chair of the Insurance Coverage Litigation Committee of the American Bar Association (ABA) Litigation Section, Laura is praised by Chambers USA as "a highly experienced appellate lawyer" who frequently handles "novel and ground-breaking cases" and "knows coverage issues A-Z" (2016). Laura is regularly rated by Chambers USA as one of Washington's "Leading Lawyers" for insurers in commercial insurance work, is included in the Best Lawyers in America directory for insurance law, and has been named one of Washington's "Top 100 Lawyers" (2012-2017), "Top 50 Women Lawyers" (2009, 2011-2017), "Top 10 Lawyers" (2015), and "Super Lawyers" for Insurance Coverage (2008-2017), among many other honors.

Recognitions

  • Recognized as a Thought Leader for Insurance & Reinsurance by Who's Who Legal (2018).
  • Named the Washington, DC "Insurance Lawyer of the Year" by The Best Lawyers in America directory (2017); Included in The Best Lawyers in America directory for Insurance Law (2008-2017).
  • Named one of DC's "Top 100 Lawyers" (2012-Present), "Top 10 Lawyers" (2015), "Top 50 Women Lawyers" (2009, 2011-Present), and "Super Lawyers" for Insurance Coverage (2008-Present) by Super Lawyers magazine.
  • Listed by Chambers USA as one of "America's Leading Lawyers for Business" in Insurance (2002-Present).
  • Named one of Euromoney's "Benchmark Top 250 Women in Litigation" (2015-Present).
  • Named one of Washington's "Best Lawyers" by Washingtonian magazine (2011).
  • Named to Business Insurance magazine's list of "Women to Watch" (2011); and "100 Leading Women" in Insurance (2000).
  • Named one of Law360's "10 Most Admired Insurance Attorneys" (2010).
  • Included in The International Who's Who of Insurance & Reinsurance Lawyers (2010-Present).
  • Included in Legal Media Group's: Insurance and Reinsurance Expert Guide (2006-Present): Women in Business Law Expert Guide, for Insurance and Reinsurance (2010, 2012-Present).
  • Named by The Legal 500 US a "recommended lawyer" in Insurance Law (2012-2013, 2015-2016).
  • Named by Lawdragon as one of "500 Leading Lawyers in America" (2010-2014) and as one of "3000 Leading Lawyers in America" (2006-2007).
  • AV Peer Review Rating, Martindale-Hubbell's highest ranking by peers for general ethical standards and legal ability.


Affiliations

Admitted to practice: District of Columbia; U.S. Supreme Court; U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and District of Columbia Circuits; U.S. District Court for the District of Columbia

Professional Activities and Memberships

  • American Bar Association
    • Co-Chair (2012-2013), Section of Litigation, Sound Advice Committee
    • Past Chair, Section of Litigation, Insurance Coverage Litigation Committee (ICLC)
    • Tort Trial and Insurance Practice Section (TIPS), Appellate Advocacy Committee
  • Founding Member, American College of Coverage and Extracontractual Counsel (ACCEC)
  • Center for Public Resources, Distinguished Panel of Neutrals for the Inter-Insurer Program
  • Defense Research Institute (DRI), Appellate Advocacy and Insurance Coverage Committees
  • District of Columbia Bar
    • Co-Chair (2002-2004) and Steering Committee Member (2002-2007), Courts, Lawyers and the Administration of Justice Section
  • Editorial Advisory Board, Law360 Insurance (2013-2015)
  • Editorial Advisory Board, New Appleman on Insurance Law Library Edition
  • Member, Federation of Defense and Corporate Counsel (FDCC)
  • Women's Bar Association of the District of Columbia (WBA)
    • Founding Co-Chair, Insurance Law Forum (2008-2012)


Highlights, News & Knowledge


Speeches & Presentations

  • "General Session - ALI Restatement of Insurance. ALI Restatement or Misstatement of the Law?," ARIAS•U.S. 2018 Spring Conference, Palm Beach, FL (May 11, 2018). Panelist: Laura Foggan.
  • "AV Quarterback Session," Crowell & Moring, Washington, D.C. (May 8, 2018). Presenters: Crowell & Moring Autonomous Vehicles Team.
  • "General Liability Insurance Basics for Claim Handlers, Claim Managers and Lawyers," Practising Law Institute (PLI) Webinar (May 3, 2018). Presenter: Laura Foggan.
  • "Speed to Market: The Race for Digital Transformation," Crowell & Moring Webinar (May 3, 2018). Presenters: Kent A. Gardiner, Cheryl A. Falvey, Paul Rosen, Laura Foggan, and Kristin J. Madigan.
  • "Insurance Sector Applications of Blockchain," Cyber Sector Risk: Blockchain Security Seminar, New York, NY (April 25, 2018). Panelist: Laura Foggan.
  • "Rethinking Claims and Litigation Management with the Proposed Restatement of Law on Liability Insurance," 2018 CLM Annual Conference, Houston, TX (March 15, 2018). Panelist: Laura Foggan.
  • "Plenary – Insurance Coverage Litigation – 30 Years of Lessons Learned," 2018 Insurance Coverage Litigation Committee CLE Seminar, Tucson, AZ (March 1, 2018). Presenter: Laura Foggan.
  • "Insurance Coverage for Class Action Claims: Recovery for Indemnity and Defense Costs," Strafford Webinar (November 1, 2017). Panelist: Laura Foggan.
  • "Standard of Care," NetDiligence Cyber Risk & Privacy Liability Forum, Philadelphia, PA (June 7, 2017). Presenter: Laura Foggan.
  • "Louisiana Hayride - Arceneaux and Pro-rata Defense Allocation - the New Trend," American College of Coverage and Extracontractual Counsel, Chicago, IL (May 11, 2017). Speaker: Laura Foggan
  • "Emerging Risks - New and Evolving," ARIAS 2017 Spring Conference, Naples, FL (May 3, 2017). Panelist: Laura Foggan.
  • "2017 Update on the ALI Restatement of the Law of Liability Insurance and Other Key Coverage Developments," Environmental and Emerging Claim Manager Association Annual Conference, Orlando, FL (April 27, 2017). Speaker: Laura Foggan.
  • "Coverage in the Courts: Key 2017 Insurance Coverage Rulings," Environment & Emerging Claim Manager Association Annual Conference, Washington, D.C. (April 26, 2017). Presenter: Laura Foggan.
  • "Social Engineering: Explaining the Uptick in Events, Coverage Options, and Practical Solutions to Preventing Attacks," ACI - 15th Advanced Forum on Cyber & Data Risk Insurance, Chicago, IL (March 30, 2017). Presenter: Laura Foggan.
  • "The Reality of the Restatement of Law, Liability Insurance," DRI Insurance Coverage and Practice Symposium (December 2016). Moderator: Laura Foggan.
  • "Overcoming Latest Challenges With Institutional Bad Faith Claims, including Institutional Bad Faith Discovery," American Conference Institute’s Insurance Coverage & Extra-Contractual Disputes Conference (December 1, 2016). Speaker: Laura Foggan.
  • "Statutory Damages: The Murky Void Between Compensation and Punishment," American Bar Association’s 2016 Women in Insurance Networking and CLE Workshop (October 20, 2016). Speaker: Laura Foggan.
  • "Oral Arguments Inside Out," FDCC Annual Meeting (July 2016). Speaker: Laura Foggan.
  • "Coverage Masters: Mastering the Claims Investigation Process and Evaluating the Latest Hot and Emerging Coverage Issues," FDCC 2016 Annual Meeting (July 2016). Presenter: Laura Foggan.
  • "Latest on Stacking, Viking Pump/Warren, Non-Cumulation and/or 'Other-Insurance' Clauses, and Anti-Stacking Provisions," ACI’s 3rd National Insurance Allocation (June 2016). Event Co-Chair: Laura Foggan.
  • "Are You and Your Insurer Connecting on Cyber Risk?" Northeast Corporate Counsel Forum 2016 (April 2016). Presenter: Laura Foggan.
  • "2016 Update on ALI Restatement of the Law of Liability Insurance and Other Key Developments," 2016 EECMA Annual Conference (April 2016). Presenter: Laura Foggan.
  • "Cyber & Data Risk Insurance and Its Related Litigation Issues and Coverage Disputes," ACI’s 2016 Data Breach & Privacy Litigation and Enforcement Conference (March 2016). Presenter: Laura Foggan.
  • "Hack That Thing: Physical Harms from Cyber Perils – Are They Covered?" ABA’s 2016 Insurance Coverage Litigation Committee CLE Seminar (March 2016). Presenter: Laura Foggan.
  • "Are You and Your Insurer Connecting on Cyber Risk?" HB Compliance Conferences Webinar (February 2016). Panelist: Laura Foggan.
  • "The New Face of Insurance Litigation," ACCEC’s 2016 Insurance Law Symposium (January 2016). Presenter: Laura Foggan.
  • "Coverage Issues Arising from Cyber Security Breaches," DRI Insurance Coverage and Practice Symposium (December 2015). Presenter: Laura Foggan.
  • "Cyber Security and Cyber & Data Risk Insurance: The State of the Market and What Privacy and Compliance Officers and Attorneys Need to Consider During Data Breach Costs Assessments," ACI 17th Advanced Global Legal and Compliance Forum on Cyber Security & Data Privacy and Protection (October 2015). Leader: Laura Foggan.
  • "Cyber Insurance: New CGL Case Law and The Evolution of Cyber Policies," ACI CLE Webinar (September 2015). Presenter: Laura Foggan.
  • "State of Existing Allocation Law, With a Focus on Asbestos, Environmental, and Other Long-Tail Claims," ACI’s 2nd National Forum on Insurance Allocation (June 2015). Panelist: Laura Foggan.
  • "Cyber Security and Cyber & Data Risk Insurance: The State of the Market and What Privacy and Compliance Officers and Attorneys Need to Consider During Data Breach Costs Assessments," ACI’s 16th Advanced Global Legal & Compliance Forum on Cyber Security and Data Privacy & Protection (June 2015). Presenter: Laura Foggan.
  • "Critical Coverage Developments in Commercial and Property Insurance," ALI CLE Webinar (June 2015). Faculty Member: Laura Foggan.
  • "Digital Invaders – Data Breaches: Risk and Insurance Coverage," ACCEC 2015 Annual Conference (May 2015). Presenter: Laura Foggan.
  • "Cyber Attacks and Privacy Perils: Understand and Mitigate Your Risk Through Insurance," ABA’s 2015 Insurance Coverage Litigation Committee CLE Seminar (March 2015). Presenter: Laura Foggan.
  • "Section 21 – Consequences of Ordinary Breach of the Duty to Defend," ALI’s Restatement of the Law of Liability Insurance (February 2015). Presenter: Laura Foggan.
  • "The Fundamentals of Cyber and Data Risk Insurance Coverage," ACI’s Cyber Security & Data Privacy and Protection Conference (January 2015). Presenter: Laura Foggan.
  • "Understanding the Scope and Limits of Duty to Defend, Duty to Settle, and Initiating Settlement Negotiations," ACI’s National Forum on Bad Faith Claims and Litigation (November 2014). Presenter: Laura Foggan.
  • "Recent Rulings and Trends in Decision Making Impacting Allocation," ACI’s National Forum on Insurance Allocation (October 2014). Presenter: Laura Foggan.
  • "The Insurance and Business Implications of Climate Change," Insurance Law Forum & Environmental Law Forum of the Women’s Bar Association of DC (October 2014). Panelist: Laura Foggan.
  • "The Next Wave of 'Occurrence' Disputes," ACCEC 2014 Annual Conference (May 2014). Presenter: Laura Foggan.
  • "The Year’s Top 5 Legal Developments for Complex Coverage Cases," 2014 Environmental and Emerging Claim Managers’ Association Annual Conference (May 2014). Presenter: Laura Foggan.
  • "Employment Practices Liability Coverage," 2014 PLRB Claims Conference and Insurance Services Expo (March 2014). Presenter: Laura Foggan.
  • "Don’t be a Goat: Good Faith Best Practices and Legislative Trends," Lexis CLE Course (March 2014). Presenter: Laura Foggan.
  • "Berkshire Hathaway the New Goliath: Strategies for the Boy David," ABA’s 2014 Insurance Coverage Litigation Committee CLE Seminar (March 2014). Presenter: Laura Foggan.
  • "A Review of Hot Issues and Critical Case Updates: The Complex Insurance Coverage Litigation Association’s Work in 2013," The Complex Insurance Coverage Litigation Association (January 2014). Presenter: Laura Foggan.
  • "Cyber Security and Cyber & Data Risk Insurance: What Privacy and Compliance Officers and Attorneys Need to Factor in for Data Breach Costs Assessment," ACI’s 14th Annual Legal and Compliance Forum on Privacy & Security of Consumer and Employee Information (January 2014). Presenter: Laura Foggan.
  • "Examining the Theory of Bad Faith in the Absence of Coverage," ACI’s Bad Faith Litigation Forum (November 2013). Panelist: Laura Foggan.
  • "(Re)insurance in a Climate of Change," Casualty Actuaries in Reinsurance 25th Annual Meeting (June 2013). Panelist: Laura Foggan.
  • "2012-2013 Coverage Update: Top Five Decisions," EECMA 2013 Conference and Meeting (May 2013). Presenter: Laura Foggan.
  • "Ethical Issues in Mediations and Arbitrations," ABA’s 2013 Insurance Coverage Litigation Committee CLE Seminar (March 2013). Panelist: Laura Foggan.
  • "Employment Practices Liability Coverage: The Slumbering Giant," DRI’s Insurance Coverage and Practice Symposium (December 2012). Presenter: Laura Foggan.
  • "Hot Topics and Issues on the Horizon in the Bad Faith Context: Emerging Claims, New Risks, Recent Trends and What to Expect in 2013," ACI’s 23rd National Advanced Forum on Bad Faith Litigation (November 2012). Presenter: Laura Foggan.
  • "Climate Change Litigation: The Kivalina & Steadfast Cases," Climate Change Risks & Liability Conference (October 2012). Presenter: Laura Foggan.
  • "Annual Pollution Update," The National Forum for Environmental and Toxic Tort Issues 19th Annual Conference (September 2012). Presenter: Laura Foggan.
  • "Trying a Complex Case in a Sound Bite World," ABA Section of Litigation Conference (April 2012). Presenter: Laura Foggan.
  • "Allocation of Liability for Continuous Damage Losses: All Sums v. Pro Rata," Strafford Webinar (April 2012). Presenter: Laura Foggan.
  • "Constitutional Challenges to Construction Defect Coverage Statutes," ABA Section of Litigation 2012 Insurance Coverage Litigation Committee CLE Seminar (March 2012). Presenter: Laura Foggan.
  • "2012 & Beyond: A Look Ahead to the New Coverage and Allocation Issues," Emerging Insurance Coverage and Allocation Issues in 2012 Conference (February 2012). Presenter: Laura Foggan.
  • "The Fundamentals of Cyber and Data Risk Insurance: What Privacy and Compliance Officers and Attorneys Now Need to Factor in for Data Breach Cost Assessment," ACI’s 11th Annual Legal and Compliance Forum on Privacy & Security of Consumer and Employee Information (February 2012). Presenter: Laura Foggan.
  • "The View from the Bench: Judicial Views on Effective Theories and Evidentiary Approaches," ACI’s 22nd National Advanced Forum on Bad Faith (December 2011). Moderator: Laura Foggan.
  • "Coverage Implications from Fracking," HB Litigation Conferences: Gas Drilling Operations Conference (September 2011). Presenter: Laura Foggan.
  • "All Sums vs. Pro Rata, Reallocation & Settlement Credits Audiocast," HB Litigation Conference (May 2011). Presenter: Laura Foggan.
  • "Japanese Earthquake and Tsunami: Insurance Coverage Considerations for U.S. Business Losses," PLI Webcast (March 2011). Co-Chair: Laura Foggan.
  • "Attorney-Client Privilege in Insurance Disputes: Protecting Confidentiality in Claims Handling and Litigation," Strafford Webinar (January 2011). Faculty: Laura Foggan.
  • "Allocation of Liability for Continuous Damage Losses: All Sums v. Pro Rata," Strafford Webinar


Publications

  • "America's Opioid Epidemic: Emerging Issues of Insurance Coverage," California Litigation (June 2018). Authors: Laura Foggan, and Michael Lee Huggins.
  • "ALI Restatement Should Not Reflect Aspirational Proposals," Law360 (May 17, 2018). Author: Laura Foggan.
  • "Team Effort Needed To Tackle Expanding Cyber Threats," Business Insurance Perspectives (May, 2018). Authors: Laura Foggan, and Jack Thomas.
  • "Blockchain – Progress and Promise," Crowell & Moring's Regulatory Forecast 2018 (February 2018). Contributors: Maarten Stassen, Jeffrey Snyder, Laura Foggan, Matthew Welling, Jenny Cieplak, Jodi Daniel, and Mitchell Rabinowitz.
  • "Natural Disasters – Dealing with the New Normal," Crowell & Moring's Regulatory Forecast 2018 (February 2018). Contributors: Richard Lehfeldt, Laura Foggan, and Michelle Linderman.
  • "Will The American Law Institute’s Forthcoming 'Restatement of the Law, Liability Insurance' Codify U.S. Insurance Law?" Insurance and Reinsurance Expert Guides (August 2016). Author: Laura Foggan.
  • "Coverage Issues Arising from Cyber Security Breaches," DRI’s For the Defense (January 2016). Co-Author: Laura Foggan.
  • "The Draft ALI Restatement of the Law of Liability Insurance: Consequences of Breach of the Duty to Defend Are Not and Should Not Become the Automatic Forfeiture of Coverage Defenses," 68 Rutgers U.L. Rev. 65 (December 2015). Co-Author: Laura Foggan.
  • "Federal Jurisdiction Challenges for Insurers in TCPA and FACTA Coverage Suits," Advisen Risk Network (August 1, 2014). Co-Author: Laura Foggan.
  • "Data Breaches and CGL Policies: The Emerging Coverage Picture for Private Suits and Credit Card Processor Demands," Advisen (February 12, 2014). Co-Author: Laura Foggan.
  • "Volume 12: Insurance Litigation, Arbitration and Settlement," New Appleman on Insurance Law Library Edition (2014). Author: Laura Foggan.
  • "Emerging Claims for Insurer Bad Faith Based on the Conduct of the Defence Under Eroding Limits Policies," Who's Who Legal (May 2013). Author: Laura Foggan.
  • "Insurance Questions Posed by Business Losses in Hurricane Sandy," The Metropolitan Corporate Counsel Vol. 21, No. 2 (February 2013). Author: Laura Foggan.
  • "Recurring Coverage Issues in Employment Practices Liability Insurance," ABA’s Insurance Coverage, Vol. 23, No. 1 (January/February 2013). Co-Author: Laura Foggan.


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Firm News & Announcements

May.09.2018 Chambers USA 2018 Ranks 52 Crowell & Moring Lawyers and 24 Practice Areas Among Best in U.S.
Oct.31.2017 Super Lawyers Recognizes 79 Crowell & Moring Lawyers Across United States
Oct.31.2017 The Best Lawyers in America 2018 Recognizes 40 Crowell & Moring Lawyers
May.26.2017 Chambers USA 2017 Ranks 53 Crowell & Moring Lawyers and 23 Practice Areas Among Best in U.S.
Jan.03.2017 Experienced Appellate and Trial Lawyer Laura Foggan Joins Crowell & Moring as Insurance Partner