Insurance Coverage Litigation and Counseling

Loeffler Thomas, P.C. provides a broad spectrum of services to domestic and foreign insurers operating in the global insurance marketplace. LT supports its clients’ insurance programs from inception to conclusion by working with insurers to research markets, evaluating risks, drafting policies and treaties, satisfying regulatory requirements, handling claims, setting reserves; defending insurers and litigating coverage disputes.

While LT primarily focuses on advising clients on various types of insurance claims and representing clients in coverage disputes, the firm also maintains a significant product development and policy-drafting practice. LT’s services for insurers include claims liability exposure evaluations, coverage analysis and opinions, claims handling, advisement and supervision, management of litigation filed against policy holders, and coverage dispute resolution through litigation, negotiation, or alternative dispute resolution techniques.

 

In What Areas of Insurance Does LT Specialize?

The practice focuses on several key areas:

Directors and officers. The firm acts as coverage counsel to insurers writing directors and officers liability insurance products. The D&O team has a high level of expertise in the underlying areas of securities laws, banking, complex commercial litigation, as well as subspecialties in employment law and healthcare D&O. LT’s attorneys act as counsel to underwriters when drafting policy forms and represent insurers on all claims-handling issues, including coverage opinions and positions advocacy, supervision, coordination of defense efforts, and the negotiation of settlement and coverage issue resolution.

Financial products. LT’s insurance coverage attorneys represent insurers as coverage and monitoring counsel in claims relating to directors and officers, ERISA fiduciaries, investment bankers, general partners, attorneys, accountants, actuaries, title agents, securities broker-dealers, and insurance agents and brokers. LT has a wealth of experience investigating and evaluating financial institution bond, cash-in-transit, specie and fine art claims.

Professional liability. LT provides a wide range of services for professional liability insurers:

  • Attorney and judicial professional responsibility, disciplinary actions and legal malpractice
  • Accountant liability
  • Actuary liability
  • Insurance agent and broker errors and omissions litigation
  • Business and financial planners’ and consultants’ liability
  • Real estate agent and broker liability
  • Securities brokers’ and consultants’ responsibilities under applicable laws and regulations
  • Architects and Engineers

 

Securities. When representing professional liability insurers, LT’s attorneys are able to draw on their extensive experience defending claims brought against investment bankers, securities broker-dealers, and other securities industry professionals. Typical areas where they assist clients include matters relating to timely and prudent disclosure of material corporate developments, compliance with Security and Exchange Commission’s reporting requirements relating to insider trading, preparation of periodic reports required under the Securities Exchange Act of 1934, and listing of securities.

Life, Health and Disability. LT’s life, health, and disability practice covers a broad range of issues affecting the industry. In addition to defending clients in numerous types of policy claims, the firm’s attorneys have extensive experience representing life, health and disability insurers, third-party administrators and plan administrators/fiduciaries in a variety of litigation, agent/broker disputes, insurance regulatory issues, employment-related litigation, and general commercial and business litigation.

Reinsurance. LT represents reinsurers, insurers, and cedents in various reinsurance matters, including coverage litigation, loss allocation, insolvency and set off, rehabilitation and liquidation, recoverable and claims administration, negotiation and arbitration. LT’s attorneys have also acted as expert witnesses in reinsurance coverage disputes.

General liability. LT’s attorneys have represented insurance companies in general liability issues in both large and small coverage matters. They have handled matters involving construction, advertising injury, and product liability claims, among others.

Dispute resolution. LT offers services in mediation, arbitration, consolation, and other means of nonjudicial dispute resolution. LT’s attorneys assist clients in selecting an appropriate ADR mechanism, drafting ADR contract provisions, and serving as a representative in the ADR process.


Who Does LT Represent?

National and international property and casualty insurance companies, professional liability underwriters, life insurance companies, reinsurance companies, and captive insurers offshore. LT provides coverage and monitoring counsel in major coverage litigation involving comprehensive general liability; errors and omissions; directors and officers liability; fidelity; and life, health, and disability policies.

Professional liability insurers. LT serves as counsel to a broad range of professionals, including corporate and financial institution directors and officers, ERISA fiduciaries, investment bankers, financial planners, securities broker-dealers, attorneys, accountants, insurance agents and brokers, and real estate agents and brokers.

Reinsurers, cedents and retrocessionaires. LT has considerable experience in drafting, review, interpretation, and dispute resolution of treaty and facultative reinsurance contract.