Insurance & Reinsurance

JP Jaillet, John Nadas, Hugh Scott, Mark Cahill, Peter Moores, Rob Kole, David Attisani

Blue Chip Clients

Lawyers have—at various times—represented blue chip clients, including:

American Family
Argo Group
Armour Risk
AXA
Berkley Insurance
Broker's Risk
Chubb
Electric Insurance
Essex Insurance
General Reinsurance    
The Hartford
John Hancock
LDG/Transatlantic Re
Liberty International
Liberty Mutual
Manulife     
MassMutual
P&V Re
Progressive
RLI Insurance
Swiss Re
Travelers

Publications & Events

David Attisani Participates in Interactive Who’s Who Roundtable

First Circuit Holds That AIG Must Defend Directors and Officers in FDIC Litigation

Hugh Scott and Samantha Krasner on 'Additional Insured' at Stake in Texas High Court BP Case in Law360

Robert Kole on the Confidentiality of Reinsurance Arbitrations in Law360

Peter Moores and Samantha Krasner in Law360 on Cyberinsurance Coverage

2014 Best Lawyers in America

Choate Partners Named Lawyers of the Year

Title Insurer Has No Duty to Defend Against Predatory Lending Suit, Massachusetts Supreme Judicial Court Rules

Recent Massachusetts Decision Applies Pro-Rata Allocation and Continuous Trigger to Progressive Injury Claims, Including Asbestos Claims

Hugh Scott Profiled in Insurance Law360

Supreme Court Rules That Policyholder Cannot Evade Federal Jurisdiction Under Class Action Fairness Act by Stipulating to Damages Below Jurisdictional Minimum

Insurers Should Re-Examine Additional Insured Liability Coverage Wording in Light of BP Oil Spill Decision

David Attisani Profiled in Insurance Law360

Top Corporate Counsel Identify Choate Partners as Nationwide Client Service Leaders

Mark Cahill and Gary Finley on RMBS Disputes in Law360

David Attisani Speaks on Trends in Reinsurance Arbitration Selection

First Circuit Affirms Pro-Rata Damages Verdict in Boston Gas

First Circuit Vacates Summary Judgment Against Insurer, Holding That Start-Date for Sexual Harassment Claim Is Questionable

Jean-Paul Jaillet on Emerging Risk of Concussion Claims in Law360

Recent Ruling Finds Excess Insurer Does Not Provide “Overlapping” Coverage with Primary Insurer

Eighth Circuit Rules That General Liability Policy Covers Liability From Sending Unsolicited Fax Advertisements

Choate’s Insurance & Reinsurance Group Receives Top Rankings in Reactions Magazine’s Legal Survey 2012

Robert Kole on Selecting Arbitration Panels in Law360

2013 Best Lawyers in America

California Supreme Court Applies All Sums Allocation with Stacking of Limits

Eighth Circuit Holds That Insurer Need Not Defend Trademark Infringment Action

Massachusetts Supreme Judicial Court Upholds Anti-Concurrent Cause Provision in All-Risk Policy

Federal Insurance Office Requests Comments on the Global Reinsurance Market for Its Report to Congress

David Attisani and J.P. Jaillet Speak at Claims Conference

David Attisani Speaks at Key Event for Claims Professionals

David Attisani Named Elite “Leading Insurance Lawyer” by The Legal 500

Choate’s Mergers & Acquisitions Practice Receives Top Tier 1 National Ranking from The Legal 500

Peter Moores on Removing CAFA Cases to Federal Court in Law360

David Attisani and Robert Kole Speak on Arbitration vs. Litigation in Reinsurance Disputes

  • Five partners have been singled out as 2014 Boston “Lawyers of the Year” by The Best Lawyers in AmericaRead more...

  • Ranked #1 in the US for Reinsurance and Litigation and among the top US firms for Overall Insurance/ Reinsurance.  Read more...

  • Two partners chosen as nationwide leaders for client service by top corporate counsel.  Read more…

  • Over 70% of equity partners named Best in America by Best LawyersRead more...

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    Top-tier reinsurance players (reinsurers, cedents, intermediaries) have sought our assistance with some of their (and the industry’s) thorniest problems, including: whether large asbestos non-products losses can be properly aggregated under various treaty programs; whether pharmaceutical losses are within the contemplation of the parties to a multi-year treaty relationship; the effect of cut-off/run-off termination endorsements on in-force business when return premium was retained by the reinsurer; whether hurricane losses can be aggregated as “program losses” under a property reinsurance treaty; the proper treatment of 9/11 losses under a reinsurance contract; the number of occurrences at issue in clergy and Boy Scouts of America abuse cases; and whether declaratory judgment expenses are covered under reinsurance contract wording.

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    Lead counsel to primary insurers in connection with numerous civil proceedings involving insurance coverage disputes arising out of asbestos, environmental and various mass tort exposures, as well as a variety of business claims.  We have handled those matters across the country in more than 25 state and federal trial courts, in the bankruptcy courts, in Wellington arbitrations and in various appellate courts.  We are experienced in the trial of such matters as we are, when in our clients’ best interests, counseling avoidance of dispute and settlement.

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    Obtained a federal court jury verdict in favor of a national insurance company which had been sued by a policyholder that sought consequential and punitive damages of approximately $110 million.  The policyholder claimed the insurer had wrongfully denied a claim for coverage of a business interruption loss under a first-party property policy, and asserted that the alleged wrongful denial of coverage forced it to sell its business at a “fire sale” price.  Pre-trial, the Court granted our client’s motion for summary judgment on all bad faith claims.  At trial, the jury found that the insurer’s conduct did not force the policyholder to sell its business, and it also found that the policyholder had been paid fair market value for its business in any event.

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    David Attisani
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    Spotlight - Attisani Law360 Most Admired in Insurance
    Partner

    David Attisani was named one of Law360's "10 Most Admired Insurance Attorneys in America" for 2010, as part of a select group of attorneys recognized for their expertise and innovative thinking. 

 

Insurance & Reinsurance

"celebrated for its work representing national and international companies in insurance and reinsurance disputes"   

Chambers USA

Experts in Insurance & Reinsurance Coverage and Counseling

Represent and counsel national and multinational insurers, reinsurers and intermediaries in complex litigation, arbitration and bankruptcy proceedings.

Leading Cases

Lead counsel in significant publicly-filed actions, including:

  • Armstrong v. Liberty Mutual
  • Commercial Union v. Swiss Re America
  • Compagnie de Reassurance v. New England Reinsurance
  • Dryden Oil v. Travelers
  • Goodyear v. Aetna Casualty & Surety Co.
  • JT Thorpe v. St. Paul Travelers
  • Odyssey Re (London) Ltd. v. Stirling Cooke Brown Holdings Ltd. (a/k/a Sphere Drake)
  • Polaroid v. Travelers
  • Providence Journal v. Travelers

Preeminent Reinsurance Group

Represent large cedents, reinsurers and intermediaries in arbitration, trial and appellate matters. Counsel clients concerning underwriting matters, bad faith and audits.  Substantive experience includes APH (including asbestos non-products), financial and finite risk issues, hurricane losses, 9/11 losses, E&O/D&O matters, property, catastrophe bonds, workers’ compensation, and clergy abuse disputes.

Coverage Litigation Experts

Represent insurance industry in all aspects of major coverage litigation, bankruptcy proceedings and arbitration, including environmental, asbestos, non-products, Chinese Drywall, E&O/D&O, implant and toxic tort.  Appeared in more than 200 cases and arbitrations.

ECO and XPL Experience

Advise and represent large insurers and reinsurers in bad faith and excess-of-limits disputes arising out of personal, commercial, environmental and asbestos claims.

Extensive Experience in Bankruptcy Proceedings

Advise and represent insurers and reinsurers with respect to claims arising in context of bankruptcy proceedings across the country.

Nationally Recognized

  • Ranked by the Reactions 2012 Legal Survey as the No. 1 firm in the US for Reinsurance and for Litigation.
  • Ranked nationally as a leading firm in Insurance by The Legal 500, a guide to the preeminent law firms in the US.

Bench Strength

More than 20 lawyers focused on insurance/reinsurance industry.  Lawyers throughout practice areas consistently receive international recognition for excellence, including Top 10 Insurance/Reinsurance Lawyer in the US, The Legal 500 (Elite Status), The International Who's Who of Insurance & Reinsurance Lawyers and Best Lawyers in America.

Reach

Represent clients across United States (more than 25 states) and abroad, including the UK, Continental Europe, Bermuda and other offshore locations.

Industry Leadership

Publications

  • 2012 reinsurance editor of the Appleman Insurance treatise
  • Managing Discovery in Arbitration: Bob Dylan & the Asymmetry Principle, ARIAS Quarterly
  • Inside the Locker Room: Recent Judicial Review of Arbitrator Conduct, The International Who’s Who of Insurance & Reinsurance Lawyers
  • An Elephant in the (Arbitration) Room – The Power of Panels and Its Outer Limits, ARIAS Quarterly
  • The Reinsurance Point of View, Inside the Minds: Legal Strategies for the Insurance Industry
  • Reinsurance Security Rules Need Scrutiny, Business Insurance
  • Reinsurance Coverage for Declaratory Judgment Expense, The Journal of Reinsurance
  • Panel Selection and Grounds for Disqualification of Arbitrators in Reinsurance Arbitration, ARIAS Quarterly

Faculty Members and Chairs

Excess/Surplus Lines Claims Association
ABA Coverage Litigation Section Meeting
ARIAS Fall and Spring Meetings (selected to co-chair two events)
Hawksmere Bermuda Congress
Mealey’s Reinsurance Roundtable
Mealey’s Reinsurance Summit
Perrin Conference (London)

Member, ARIAS-US

 

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