Taft’s attorneys understand the insurance industry from both a legal and business perspective, helping organizations with critical insurance-related demands.
Our work often starts before claims are brought or lawsuits are filed, and it extends beyond individual matters to general claims consulting, coverage analysis, and providing advice and guidance on acquiring and maintaining the proper insurance program.
Our team has decades of sophisticated, nationwide experience in the vital task of helping businesses best manage their risk, both in handling liability defense strategies and resolving insurance coverage issues. This includes representing our clients’ interests nationwide against claims of all kinds, including personal injury, premises liability, commercial general liability, professional liability, construction-related claims, directors’ and officers’ liability, and property damage.
Taft’s insurance team is also experienced in helping businesses in the insurance industry. We handle all aspects of insurance regulatory issues, mergers, acquisitions, market conduct matters, suitability sales issues, and corporate governance matters, among others. We have helped in vetting proposed business plans and advising on financing options whether public debt or private equity.
Some of our industry-wide services include:
- Designing and advising on risk management programs, large and small.
- Negotiating and litigating claim coverage disputes.
- Litigating complex liability claims.
- Construction-related claims of all kinds.
- Indemnification claims.
- Coverage claims in bankruptcy.
- Bad faith claims.
- Federal multi-district claims.
- Managing and resolving insurance coverage issues.
- Serving as outside general counsel to insurance or insurance-related entities.
- Insurance company formations, state licensing, re-domestications and adding lines of authority.
- Reorganizations, mergers, and acquisitions.
- Preparing and advising on all facets of Form A (change of control) matters.
- Corporate governance advising and assistance.
- Holding company systems regulatory filings and compliance.
- Insurance rehabilitation and insolvency.
- NAIC monitoring.
- Reinsurance matters.
- Market conduct examinations and resolution of administrative actions.
- Suitability issues and resolutions of annuity and life insurance sales.
- Captive insurance matters.
- Agency licensing and examination issues.
We also work closely with Taft’s affiliated business, Ingardus, which is comprised of individuals with deep ties to and substantial experience in and with the insurance industry. Ingardus specializes in insurance advisory and forensic accounting services through a team of professionals including experienced Certified Public Accountants.
- Provide ongoing advice and management of overall risk management program for international, publicly-traded company including liability defense and counseling concerning structure of all lines of insurance.
- Represented insured in arbitration hearing concerning coverage for collapse of under construction historical building renovation in Flint, Mich.
- Represented insured in denial of coverage for windstorm-related damage to regional retail furniture store.
- Represented contractor in coverage dispute related to limits and scope of covered repair to historically registered building at the University of Michigan.
- Represented national contractor in coverage dispute concerning denial by errors and omissions. Insurer to cover defense costs in complex underlying construction defect.
- Represented insurer of general contractor in contribution and indemnification action against multiple insurers of various sub-trades over duty to defend obligations for underlying construction defect claim.
- Represented multiple regional law firms in providing advice, consultation, and litigation support concerning insurance coverage issues related to underlying legal malpractice actions.
- Represented insured in coverage dispute concerning denial by insurer for roof damage and partial collapse of large commercial building.
- Represented and litigated multiple claims concerning disability policies for professionals.
- Represented many companies with large, self-insured retentions by providing advice and litigation support.
- Represented the Indiana Department of Insurance in multiple Form A (change of control) hearings and related due diligence matters.
- Represented the Indiana Department as a Special Deputy Supervisor, Rehabilitator, and Liquidator of insolvent insurers.
- Represented multiple buyers and sellers, including private equity, in Form A (change of control) matters in multiple jurisdictions.
- Represented and negotiated the resolution of insurance regulatory actions in multiple jurisdictions.
- Represented insureds in a multi-million dollar annuity suitable claim and negotiated a settlement before defendants answered discovery requests.
- Represented a public company that received a Wells Notice for the SEC and negotiated a resolution whereby the company was not fined by the SEC.
- Reviewed and analyzed and negotiated directors and officers policies and key endorsements for insurance companies and their boards of directors.
- Hired, supervised, and developed litigation strategies for outside law firms retained to represent an insurance company in class action litigation.
- Provided review of agency agreements and agency M&A transactions.
- Provided advice in tail coverage matters.
- Review of captive structures, operating agreements, and related governing documents for resolution of governance and operational matters.