Insurance Litigation
Our trial lawyers have served as lead counsel in a range of disputes relating to complex insurance and reinsurance contracts, including high-stakes coverage disputes and structured finance cases involving monoline insurance. We represent insurers, reinsurers, asset management firms and financial sponsors, hedge funds, family offices and other providers of private capital.
Representative Matters:
- Obtained motion to dismiss victory and affirmance from the Second Circuit in Infrassure Ltd. v. First Mutual Transportation Assur. Co., a case of first impression in the reinsurance industry concerning the proper interpretation of a reinsurance certificate.
- Obtained confidential victory for a reinsurer in connection with nine-figure dispute over the coverage available under a reinsurance policy that reinsured batch-insurance policies issued to an automobile manufacturer by its captive insurer.
- Obtained a $855 million judgment after a thirteen-day trial on behalf of private equity firm Cerberus Capital Management as plaintiff in a claim against Canadian Imperial Bank of Commerce, alleging breach of two highly bespoke, structured contracts referencing credit default swaps mapped to monoline insurance contracts in intermediation trades, collateralized debt obligations, variable funding notes, and residential mortgage backed securities.
- Defended Zurich in an Eight Circuit appeal involving claims for bad faith failure to settle, alleging hundreds of millions of dollars in damages. Dispositive issue on appeal was a question of policy interpretation.
- Represented New Hampshire Insurance Company in obtaining unanimous affirmance from the Appellate Division, First Department on a multi-million-dollar dispute over the coverage of fidelity bonds.
- Won arbitration award for reinsurance company in confidential arbitration involving dispute concerning reinsurance coverage available to captive insurer.
- Obtained a dismissal with prejudice on behalf of American International Group (AIG), in a federal False Claims Act lawsuit alleging that AIG made false statements regarding its former subsidiaries, the American Life Insurance Company and American International Assurance Limited. Also represented AIG in a federal lawsuit against the New York State Department of Financial Services and its Superintendent alleging that the Department’s interpretation of the New York Insurance Law was unconstitutional under the Due Process and Commerce Clauses, as well as the First Amendment.
- Won summary judgment for Maiden Holdings dismissing class action securities case alleging that Maiden misrepresented its insurance reserves.
- Represented Legal & General in a trademark dispute with Travelers Insurance Company. The case concerned a letter agreement governing the rights to use an umbrella logo in connection with the sale of insurance services. Matter settled on favorable terms.
- Represented major insurance company in connection with dispute around the sale of a subsidiary and insurance broker practices. Matter settled confidentially.
- Obtained summary judgment dismissing claims of conspiracy against reinsurer National Indemnity in Ford Motor Co. v. National Indemnity (E.D. Va.), a case where plaintiff challenged a loss portfolio reinsurance structure.
- Represented National Union Fire Insurance Company of Pittsburgh in an insurance coverage dispute with Modern Contingent Construction Company concerning property damage arising from the infamous Big Dig tunnel ceiling collapse in July 2006.
