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Insurance and Reinsurance Problem-Solving & Dispute Resolution

  • Served as national coordinating coverage counsel for an insurer on a broad range of general liability claims, including concussion, environmental, and sex molestation claims.
  • Defended an insurer against claims that it converted subrogation claims, obtaining summary judgment from the US District Court for the District of Oregon.
  • 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.
  • Represented a major multinational insurer in a reinsurance arbitration involving the application of a self-insured retention following the insured’s insolvency, forcing our client to singlehandedly settle a catastrophic claim.
  • Represented a Panamanian reinsurer in a $15 million reinsurance arbitration dispute with a US retrocessionaire involving dozens of automatic (proportional and non-proportional) and facultative reinsurance agreements and common account excess of loss reinsurance agreements involving hundreds of contracts that the parties wrote and participated in together over an approximate fifteen year period.
  • Defended an insurance holding company against alleged bad faith claims brought under M.G.L. chs. 93A/176D in connection with its handling and adjusting of a wrongful death claim.
  • Represented a major life insurance company in class action disputes concerning marketing practices for its variable annuity products.
  • Represented a Canadian insurance company in its reinsurance contract dispute with an American insurance company. The US Court of Appeals for the First Circuit affirmed the District of Massachusetts’s award of summary judgment to our client.
  • Represented an insurance company in a lawsuit filed by another insurance company alleging that our client improperly failed to settle a lawsuit brought against their mutually insured client within the primary policy liability limits. Lead trial counsel for multi-national insurance company defending against bad faith claims brought in federal court by another insurance company. Obtained a complete victory for client after two week federal bench trial.
  • 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.
  • Represented a US based insurer is a series of environmental coverage disputes against a “Fortune 500” company arising out of the contamination of the Kalamazoo River and various other sites. The disputes involved in excess of $50 million in umbrella coverage.
  • Obtained summary judgment on behalf on an insurance company and an order of sanctions against plaintiff in connection with a class action alleging failure to properly coordinate benefits under defendant's auto insurance policies.
  • Represented a UK based insurer in a reinsurance arbitration enforcing our client’s “cut through” rights under a fronting arrangement.
  • Served as counsel for a local casualty insurance company in a class action alleging that our client violated the Federal Labor Standards Act (“FLSA”) in connection with its compensation of its auto damages appraisers.
  • Represented an insurer and obtained dismissal with prejudice of a class action alleging unfair claims settlement practices in connection with the resolution of asbestos liability claims.
  • Represented a US insurer in a reinsurance arbitration involving the “forced” commutation of a workers’ compensation program.
  • Represented the Lloyd's market in major subrogation litigation proceedings in various US jurisdictions. These matters include routine recoveries arising from contractual provisions as well as more complex matters including a recovery arising out of the largest fire in New Orleans history prior to Katrina as well as a recovery arising out of the theft of tens of millions of dollars of bank assets in a Latin American country.
  • Represented a US based insurer in several complex reinsurance disputes in New York state and federal courts involving recoveries in excess of $50 million and defenses of allocation and notice.
  • Represented a retrocessionaire in a dispute involving London Market practice.
  • Represented a major insurer in a series of “Bermuda Form” arbitrations arising out of the insured’s settlement of a dispute commenced by a former high level executive.
  • Represented a UK based reinsurer in a $30 million reinsurance arbitration dispute involving rescission of a workers’ compensation program.
  • Represented a large diversified manufacturing, mining and electronics defense and space industries company supporting the construction, in a comprehensive asbestos insurance coverage dispute involving the company’s historic asbestos related liabilities and hundreds of millions of dollars.
  • Represented a designer and erector of electric power plants in a comprehensive insurance coverage action, including excess insurance issues, relating to thousands of asbestos related liability claims arising out of the company’s operations over many decades.
  • Obtained dismissal with prejudice of a class action alleging unfair claims settlement practices in connection with the resolution of asbestos liability claims.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • Represented a lead insurer in claims involving 144 toxic sites across the country, culminating in summary judgment in the insurer’s favor on a vast majority of sites and de minimis settlement of the remaining sites.
  • 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.
  • Successfully represented insurers in declaratory judgment actions against insureds.
  • Successfully resolved a coverage and rescission action involving an insured’s misrepresentation of material facts on an application for legal malpractice insurance.
Case Study
Mintz successfully represented a leading insurance company and affiliates in litigation and arbitration proceedings valued at over $30 million. The matters settled on extremely favorable terms for the clients.
Case Study
Mintz litigators Marc Abrams and Nicholas Cramb have represented leading companies in confidential reinsurance arbitration proceedings resulting in recoveries in excess of $100M, “no-pay” rulings for reinsurers, awards of interest, and attorney’s fees.
Case Study
Mintz was retained by Liberty Mutual to respond to the American Law Institute’s effort to remake the existing law of liability insurance.