Coverage & Bad Faith Litigation

The centerpiece of our D&O practice is representing our insurance company clients from the initial notice of a claim through ultimate resolution. Our lawyers have acted as coverage counsel in thousands of complex claims. In that capacity, we assist clients in making coverage determinations, drafting coverage correspondence, administering policy proceeds, monitoring and evaluating underlying litigation, interfacing with defense counsel, participating in mediations, and facilitating settlements.

Despite parties’ best efforts, insurance coverage litigation has increased in frequency in recent years. Our litigators regularly represent insurers in mediations, arbitrations and lawsuits involving insurance coverage disputes. We have been involved in coverage proceedings relating to virtually every aspect of the insurance policy, including rescission, definitions of Claim and Loss, exclusions, notice, allocation, and the effect of bankruptcy. Our lawyers have successfully defended bad faith claims and have prevailed in obtaining declaratory judgments supporting coverage determinations.

Our lawyers are nationally recognized as thought leaders in the area of D&O liability, insurance and related topics and have testified on behalf of insurers, insureds, companies and directors/officers as experts in liability, insurance, and indemnification proceedings.

Our lawyers have drafted most of the standard D&O policy forms and endorsements currently used in today’s insurance marketplace. We are regularly called upon to propose and draft changes to these policies to meet the needs of an ever-changing market. In addition, we have substantial experience in drafting employment practices liability, ERISA fiduciary, professional liability, cyber and representations/warranties insurance policies and endorsements. Our deep experience in handling claims and addressing coverage disputes under these policies gives us unique insight into drafting policy language that anticipates and prevents many of the issues that arise in connection with financially protecting corporations and their executives.

Our lawyers are nationally recognized as thought leaders in the area of D&O liability, insurance and related topics and have testified on behalf of insurers, insureds, companies and directors/officers as experts in liability, insurance, and indemnification proceedings.

To cope effectively with the complex and rapidly changing legal environment and insurance market, our attorneys have created a comprehensive insurance and indemnification program review for companies that includes evaluating the company’s internal D&O indemnification provisions/agreements and the terms, amount, and types of insurance products maintained by the company. These audits identify any “gaps” in protection, thereby ensuring that our clients maintain programs consisting of state-of-the-art indemnification terms and solid, cost-effective insurance, with integrated risk coverage consistent with current market conditions.

We regularly assist underwriters in analyzing risks, evaluating prudent coverage terms and creating appropriate insurance program structures and new insurance products.