Insurance

The insurance market is highly competitive, and the business environment is challenging for insurers and reinsurers alike. Our attorneys are well-versed in the legal solutions you need to stay competitive, including quick and efficient resolution of coverage issues, completing sophisticated funding transactions, staying compliant with regulations, and addressing employment matters.

Our attorneys provide comprehensive legal services to a variety of insurance industry players and other businesses. Among the matters we help our insurance industry clients address are litigation, regulatory issues, commercial lending, corporate and financial transactions, reorganizations and bankruptcies, transactional risk abatement, and employment and benefits issues.

Corporate Compliance & Investigations
Staying in compliance with laws and regulations is critical in an industry that is often under intense scrutiny. If you are found to be noncompliant or are the subject of a government inquiry, the tangible and intangible costs can be staggering. Our team of attorneys can help you prevent compliance problems before they happen as well as assist with internal and government investigations to resolve issues without disruption to your overall business.


Corporate Law
We can be your go-to firm for all your corporate legal matters. Whether it’s product design and development, policy drafting, mergers and acquisitions, corporate reorganizations, securitizations, or handling relationships with brokers, agents, and third-party administrators, we have the knowledge and know-how to help you meet your business objectives.


Executive Compensation & Employment Law
We can assist you with all your executive compensation and employment law matters, including providing ongoing counsel to your HR department on employee benefits and employee issues and helping you recruit and retain key talent. We can help you develop and implement new products as well as counsel you regarding fiduciary and other questions arising under ERISA and OCC regulations.


Insurance Law
Our experienced attorneys are available to assist you on a broad range of insurance and re-insurance issues, including customized insurance agreements and products, litigating declaratory judgment actions, rendering coverage opinions, and handling the full range of coverage issues. Our attorneys have decades of experience with complex and sophisticated coverage cases, including new and emerging risks, whether under commercial general liability, commercial motor vehicle, D&O, employment, or errors and omissions policies.


Investments
Our attorneys can provide you with experienced representation even in the most complex and sophisticated transactions. We have significant experience putting together debt- and equity-based transactions, including asset-based financing transactions, 144A transactions, and minority and control investments. Our attorneys can help you address your ongoing compliance related to your internal investments and the investment products you offer your clients.


Litigation
Our attorneys can help you deal with any dispute or issue that may arise, including complex coverage litigation, class action defense, state and federal bankruptcy proceedings, agent disputes, employment litigation, trademark and patent litigation, and more. From devising and implementing a sound litigation strategy, we are accountable to you and always receptive to new ways to meet your particular needs. Our successes range from defending national consumer class action and securities litigation cases, to the defense of product liability and toxic substance claims, to handling insurance and reinsurance coverage disputes, and to the resolution of bad faith claims.


Privacy & Security
Today, it’s not a question of if a data breach is going to happen; it’s a question of how you should best handle it when it does. We help our clients deal with the legal issues related to data and security breaches as well as counsel clients on how to prevent breaches at the outset. Mintz Levin’s attorneys can perform data privacy and security audits and help you bring the way you handle consumer personal information in line with best practices and develop a protocol for your compliance with current laws and regulations, including HIPAA and the HITECH Act.


Regulatory
We can advise you on regulatory issues related to property and casualty and workers’ compensation, including underwriting and marketing, claims handling, agency licensing and termination, and ratemaking. Our attorneys can represent you before administrative agencies when regulatory disputes arise. Because we are experienced with highly regulated insurance markets, such as in Massachusetts, we can provide strategic planning and counsel to national or local carriers on gaining the necessary approvals and provide advice on regulatory issues around the country, including renewals, nonrenewals, and market withdrawals.


Risk Management
We evaluate complex and unique corporate structures and draft customized corporate and insurance documents covering a wide variety of areas to account for an organization’s unique risks and the totality of an organization's exposures. We often draft indemnification agreements to complement customized insurance arrangements, working through a wide variety of legal issues, including how to protect directors who may be exposed in the context of a merger or acquisition. We also frequently work, often through our contacts within the insurance underwriting and brokerage industries, on customized insurance products, including procuring coverage for tax and transactional matters.


SEC Representation
Our attorneys can guide you through the full range of SEC issues, from public offerings and private placements, to routine reporting and compliance issues, to investigations and enforcement actions, to class action defense. We have represented issuers, underwriters, and investors in numerous offerings, compliance matters, employee benefit plan issues, SEC audits, and litigation matters.

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Corporate Compliance & Investigations

  • Advised a global investment bank, a national construction company, and a national insurance company on compliance with state campaign finance law, lobbying laws, and state ethics laws.

Corporate Law

  • Advised an insurance company management group in a private equity investment transaction.
  • Completed asset manager deals totaling more than $364 million in 2010.

Executive Compensation & Employment Law

  • Obtained a seminal Department of Labor ruling (Ad. Op. 2005-20A) on behalf of a Dunkin’ Donuts purchasing cooperative that for the first time allowed a captive insurance company to qualify as a fully insured multiple-employer welfare arrangement, thereby sidestepping regulation by multiple state insurance authorities.

Insurance Law

  • Counsel Fortune 50, Fortune 100, and Fortune 500 international companies regarding directors and officers, employed lawyers, insurance, risk exposures, bylaws, indemnification agreements, and various insurance protections, including continuing advice directly to boards of directors on such issues.
  • Successfully represented a reinsurer in an action against a retrocessionaire involving multimillion-dollar losses arising out of earthquakes in Taiwan.
  • Successfully represented a reinsurer in a dispute with a ceding company regarding its allocation of losses after waiving rights of contribution against co-insurers.
  • Won partial summary judgment on a retention warranty defense on behalf of a reinsurer in the US District Court of Rhode Island.
  • Represented Manulife Financial Corporation and several John Hancock companies in a number of guaranteed annuity and medium term note programs.
  • Represented an insurer in parallel actions before the bankruptcy court and federal court in connection with claims for coverage brought by directors, officers, and corporate policyholders leading to a successful multiparty mediation.
  • Successfully defended an insurer through summary judgment and on appeal against breach of contract and bad faith claims by immediately deposing the insured and proving no damages, while preventing any depositions of the insurer.
  • Won summary judgment on behalf of a foreign reinsurer in an action brought by its alleged cedent in the US District Court of Massachusetts concerning a cross-border fronting arrangement.

Litigation

  • To construct a new headquarters office tower, our insurance company client obtained a rezoning. The owner of the remainder of the same city block challenged the rezoning, trying to force our client to buy him out or the city to allow him to build a tower as well.  As Mintz Levin has successfully defended the lawsuit, our client’s tower is being constructed.
  • Obtained dismissal with prejudice of a class action alleging unfair claims settlement practices in connection with the resolution of asbestos liability claims.
  • Obtained a court order for a reinsured compelling consolidation of arbitrations and the appointment of an umpire.
  • Obtained dismissal of action against a broker by a litigation trustee seeking to avoid or recover the fee paid to the broker under certain provisions of the bankruptcy code.
  • Represented a life insurance company in a deed-in-lieu of foreclosure affecting a suburban office park in Waltham, Massachusetts.
  • Represented a life insurance company in the restructuring of a mortgage loan on a suburban office park in Shelton, Connecticut. This transaction allowed the lender to sell the mortgaged property without foreclosing the mortgage.
  • Represented a life insurance company in the restructuring of a mortgage loan on office buildings and a parking garage in Worcester, Massachusetts.
  • Defended an insurer in coverage litigation brought by another insurer relating to the scope of coverage afforded under the additional insured endorsement in connection with the deaths and / or personal injury of six workers at a construction site resulting in a favorable multiparty settlement.
  • Successfully represented an insurer on summary judgment and upheld on appeal that a known insurer is not obligated to prosecute an alleged unrelated insurer for lost policies before exhausting the known insurer’s policy limits.
  • Represent a large insurer in a land use and real estate litigation dispute relating to the development and construction of its new headquarters.
  • Obtained dismissal of a breach of contract and bad faith action alleging that the plaintiff was an additional insured and a third-party beneficiary of an insured contract under a general liability policy.
  • Represented an insurer in parallel actions before the bankruptcy court and federal court in connection with claims for coverage brought by directors, officers, and corporate policyholders leading to a successful multiparty mediation.
  • Successfully represented an insurer in a Declaratory Judgment Action against an insured. The insured / defendant is residing in Portugal, but has no fixed address. Given that we were unable to serve him under the Hague Convention, we filed, and the court granted, a motion to serve him by e-mail, Facebook message, and publication.
  • Won summary judgment for a reinsured in a complex claim relating to its cession of losses stemming from asbestos and silica claims.

Risk Management

  • Counseled a US-based company regarding managing risk worldwide by developing unique coverage programs for trading platforms, back-office operations, specialized inventory risks, professional liability, claims procedures, management of claims, and coverage for terrorism risks.
  • Advised a Russian-based company with regard to insurance protections worldwide and the effect on coverage in the event of bankruptcy.

Representative Clients

  • Aon
  • Arbella Insurance
  • Aviva USA
  • Bostonian Group, a Marsh & McLennan Agency Company
  • Chartis
  • CNA
  • Lexington Insurance Company
  • Liberty Mutual Insurance
  • Manulife Financial / John Hancock Financial
  • Partners Benefit Group
  • Sentry Insurance
  • White Mountains Insurance Group
  • William Gallagher Associates Insurance Brokers
  • Yosemite Insurance Company