Jean-Paul Jaillet, John Nadas, Hugh Scott, Mark Cahill, Robert Kole, David Attisani
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.
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.
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.
"celebrated for its work representing national and international companies in insurance and reinsurance disputes"
Experts in Insurance & Reinsurance Coverage and Counseling
Represent and counsel national and multinational insurers, reinsurers and intermediaries in complex litigation, arbitration and bankruptcy proceedings.
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.
- 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.
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.
Represent clients across United States (more than 25 states) and abroad, including the UK, Continental Europe, Bermuda and other offshore locations.
- 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)