insurance & reinsurance

insurance & reinsurance 

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

printable pdf  

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 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

Coverage Litigation Experts 

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

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), finite risk issues, hurricane losses and E&O/D&O matters.

ECO Experience 

Advise and defend large insurers and reinsurers in bad faith 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 as leader among US firms in Reactions 2010 Legal Survey:

  • Ranked first (Winner) Reinsurance
  • Ranked second (Highly Commended) Overall Insurance/Reinsurance
  • Ranked third (Commended) Litigation/Dispute Management

Bench Strength 

More than 20 lawyers focused on insurance/reinsurance industry. Lawyers throughout practice areas consistently receive international recognition for excellence, including in 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, Bermuda and other offshore locations.

publications

Alert - Insurers held responsible to defend against trespass claims where trespass began before their policy period

Alert - Ninth Circuit holds that arbitration panels may conduct ex parte meetings with panel-retained experts

Alert - First Circuit finds for insurer on scope of D&O policy 

Alert - First Circuit rules on ‘claims made and reported’ professional liability policy

Alert - First Circuit interprets an excess insurer's obligation to "follow form" 

Alert  - First Circuit decision on physical injury to property 

Alert - First Circuit's "Known Loss" ruling 

Alert - First Circuit rules on consequences of failure to defend 

David Attisani featured in Law360 Q&A 

David Attisani and Jennifer Brennan published in ARIAS Quarterly, Part I 

David Attisani and Jennifer Brennan published in The ARIAS Quarterly, Part II 

Mark Cahill and Eric Hermanson published in Coverage 

David Attisani featured in Risk Management Magazine 

Thirty-Eight Attorneys named Massachusetts Super Lawyers 

blue chip clients

Lawyers have represented blue chip clients, including:

ACE

AXA

Electric Insurance

Essex Insurance

General Reinsurance 

The Hartford

John Hancock

Liberty International

Liberty Mutual

Manulife  

MassMutual

P&V Re

RLI  Insurance

Travelers

Swiss Re

industry leadership

Publications

  • 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
  • Hawksmere Bermuda Congress
  • Mealey’s Reinsurance Roundtable 
  • Mealey’s Reinsurance Summit

Member, ARIAS-US

Top Honors for Choate in Reinsurance & Insurance

We are pleased to announce that Choate has been recognized as the No. 1 firm in the US for Reinsurance in Reactions 2010 Legal Survey.

Reactions also recognized Choate as among the top firms for Litigation/Dispute Management and for Overall Insurance & Reinsurance work in the US.

Read more...

top-tier reinsurers seek Choate's assistance with their thorniest problems

Top-tier reinsurers 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, and whether hurricane losses can be aggregated as “program losses” under a property reinsurance treaty.

Choate is lead counsel to primary insurers

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.

Choate wins federal jury verdict on behalf of national insurance company

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 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.