Receivership

Past and present client matters include representation of:

• Several state insurance commissioners in their capacities as rehabilitators or liquidators of insolvent insurance companies. Our representation includes: 
  • administrating and marshaling assets
  • investigating, analyzing and prosecuting claims
  • obtaining judicial enforcement of lawsuit injunctions in other jurisdictions based upon full faith and credit, comity or reciprocity under the Uniform Insurers Liquidation Act, the Insurers Supervision, Rehabilitation, and Liquidation Model Act, and the Insurance Receivership Model Act
  • evaluating and defending claims
  • investigating, analyzing and prosecuting complex civil lawsuits against former company directors, officers, investment advisors and financial consultants to recover damages for their role in causing, aiding or masking the distressed financial condition of the insurer
  • developing, implementing and executing litigation strategies to recover assets and maximize recovery to policyholders and guaranty associations
  • assisting federal and state law enforcement agencies, including the United States Department of Justice, to prosecute white collar criminals responsible for the financial demise of the insurer
  • assisting the United States Department of Justice in the prosecution of criminal forfeiture actions to recover stolen assets involved in criminal conspiracies and money laundering activities
  • working closely with guaranty associations to protect their interests
  • representing insolvent insurers in disputes with other insolvent insurers concerning claims to ownership of assets in the unwinding of reinsurance trusts
  • representing insolvent insurers in disputes with cedents, reinsurers, retrocessionaires and intermediaries

• Directors and officers of insolvent insurers in defense of claims brought against them by rehabilitators and liquidators
• Insurance company in constructive trust litigation to recover assets in the possession of an insolvent insurer’s receiver

Regulatory and Insurance Industry Transactions

Past and present client matters include representation of:

• Insurance commissioners in:
  • inter-state disputes with other state insurance commissioners in matters of regulatory control
  • insurance department regulatory hearings
  • supervision proceedings
  • rehabilitation proceedings
  • liquidation proceedings
  • seizure proceedings
• Insurers and reinsurers in disputes arising from Form A change of control applications
• Insurance producer in license revocation proceedings
• Insurance regulatory filing consultant in dispute with several state insurance departments arising from rate and form filings
• Employer in state licensing board disciplinary action against licensed employee arising from employee’s conduct
• Insurance carrier in litigation against state insurance department in matter arising out of market conduct examination findings and subsequent Orders
• Long term health insurance carrier in appeal from state insurance department disapproval of rate increase application
• Public and privately held insurance companies in the acquisition and sale of other insurance companies
• Individuals and business entities in the formation of captives and alternative risk transfer entities
• Insurance companies in the negotiation, preparation and review of broker/agent agreements, third party administrator agreements and managing general agent agreements
• Cedents, reinsurers, retrocessionaires and intermediaries in the negotiation, preparation and review of facultative reinsurance certificates, reinsurance agreements and commutation agreements
• Reinsurers and pool managers in the negotiation, preparation and review of participation agreements
• Insurance companies before state regulatory bodies and agencies concerning domestication, authorization to conduct business, form and rate filings, rate changes, and the acquisition and sale of insurance companies and change of ownership
• Insurance departments in Form A and other regulatory proceedings
• Insurance department exam teams in cybersecurity evaluation and threat assessment

Coverage/Insurance Recovery

Past and present client matters include representation of:

• Insurers in coverage disputes arising from the professional negligence of managing general agents
• Insureds in coverage disputes arising from employment practices
• Refinery insureds in coverage disputes arising from pollution exclusion endorsement
• Insureds in coverage dispute arising from flood damage to commercial premises
• Insureds in directors and officers coverage dispute arising from statements made by director and officer’s agent in furtherance of director and officer’s business duties
• Insured building owner in coverage disputes arising from fire damage to multi-tenant commercial premises
• Insured in coverage dispute arising from property damage to river boat gaming vessel
• Third party beneficiary in coverage dispute arising from boarding and riding stable liability
• Insureds in first party coverage disputes arising from health, disability or long term care insurance
• Insureds in cybersecurity coverage matters

Reinsurance

Past and present client matters include representation of:

• Cedents, reinsurers and retrocessionaires in disputes involving: treaty or facultative certificate interpretation; ex gratia payments; late notice; improper underwriting or claims practices; improper supervision of managing general agents or third-party administrators; or breaches of the duty of uberrima fides
• Cedents in disputes with managing general agents and third-party administrators arising from improper underwriting and claims practices

Inter-Company Disputes

Past and present client matters include representation of:

• Insurers in defense of claims against and by managing general agents arising from program business
• Majority shareholder of insurance company in dispute arising from purchase of failing insurance company
• Regulatory consultant in disputes with insurers concerning rate and form filings
• Bail and surety specialty insurer in contract dispute with managing general agent concerning premiums and commissions
• Major multi-line insurer in contract dispute with managing general agent
• Workers’ compensation insurance broker in dispute with insured arising from alleged application misrepresentations