Insurance & Reinsurance

Clark Hill’s Insurance and Reinsurance Practice Group has an established reputation for its work in the global insurance and reinsurance industry. The firm represents major United States, London Market, European, and Bermuda insurers and reinsurers in coverage disputes, arbitration, regulatory actions and transactions. Our expertise encompasses all types of insurance and reinsurance, and every kind of underlying risk and insurance company insolvency matters. We offer a complex breadth of experience and have the capacity to efficiently handle any matter in connection with (re)insurance, from representing a Bermuda reinsurer in arbitration with its cedent regarding an underlying settlement allocation to appellate advocacy on behalf of excess layer insurers challenging coverage of a class action settlement to providing an opinion on the status of credit insurance under state law. In addition, we are experienced in representing managing general agents, producers, agents and brokers for most of their legal needs. Our practice combines the talents of seasoned appellate and trial advocates and experienced coverage counsel.

Experience

Lead counsel for an appointed actuarial firm before the Securities and Exchange Commission as well as in SDNY class action, wherein the allegations included the sufficiency of public company’s loss reserving

National and coordinating counsel for excess workers comp carrier providing coverage for self-funded employers, captives, and trade associations, appearing in more than two dozen federal court matters across the country

Lead counsel for carrier in a three-member New York arbitration against four excess and a catastrophe layer of commercial auto clash cover reinsurance

Lead counsel in London-situs arbitration, where testimony and documents produced in U.S., involving the experience account balance of more than $25m for a property catastrophe excess, finite retrocession agreement involving 9-11 risks

Engaged by an international carrier to establish uniform, company-wide reinsurance templates for more than twenty products, covering more than $1b in annual ceded risk

Lead counsel for an MGA in an Insurance Department investigation regarding unlicensed activity and excessive fees

Established a Delaware-domiciled risk purchasing group for 14,000 member trade association for the purchase of liability insurance on a group basis

Provided a comprehensive "insurable interest" opinion for a transaction raising $100m wherein life policies were used as collateral for bondholder commitments
Represented a reinsurer before the Pennsylvania Supreme Court on the right of set-off among multiple contracts with an insolvent Pennsylvania insurer
Represented Barbados-based reinsurer in transaction wherein a $300m dividend was made to North American and parental guarantees provided to cedents
Represented health care carrier in $40m medical stop arbitration with Plan sponsor, included allegations of improper calculation of Plan premium and ex gratia payments to beneficiaries
Represented cedent in lawsuit against reinsurer regarding claims under environmental impairment liability policies
Represented cedents in numerous asbestos and environmental reinsurance arbitrations
Represented reinsurer in private mortgage insurance reinsurance arbitration involving claims of fraud and misrepresentation
Represented cedent in reinsurance arbitration involving assault and battery exclusion and multiple death claims
Represented reinsurer in lawsuit involving cut through claims under co-indemnification agreements
Represented cedent in property reinsurance arbitration involving damage to computer chip boards
Represented reinsurer in lawsuit involving asbestos claims paid under Wellington Agreement
Represented cedents in workers’ compensation reinsurance arbitrations
Represented reinsurer in reinsurance arbitration involving applicability of treaty limit provisions
Represented reinsurer in multi-national construction defect reinsurance arbitration involving claims of fraud and misrepresentation
Represented reinsurer in reinsurance arbitration seeking damages resulting from reinsured’s failure to timely report loss data
Represented cedent in reinsurance arbitration regarding Roman Catholic priest sexual abuse claims
Represented cedent in lawsuit and reinsurance arbitration regarding London Market’s attempted imposition of documentation requirements for coverage of asbestos bodily injury claims
Represented cedent in reinsurance arbitration involving copyright infringement and product disparagement claims
Represented reinsurer in reinsurance arbitration regarding setoff issues
Represented cedent in reinsurance arbitration involving construction defect/aggregation issues
Advise insurance companies regarding compliance with State regulatory requirements
Provide coverage opinions to insurance companies on CGL policies covering Fortune 500 companies
Represented reinsurer in medical stop loss reinsurance arbitration
Represented reinsurer in lawsuit in which cedent sought to impose joint and several liability on purported reinsurer
Represented insurer in lawsuit against reinsurance intermediary involving broker negligence
Assisted in evaluating a German insurer’s loss exposure in an American casualty book of business
Assisted in providing analysis of insurance and reinsurance coverage issues and third party claim rights
Represented Tokyo-based international insurer in establishing a reinsurance syndicate to which it ceded certain carved out risks under general liability policies that covered major Japanese manufacturers in the US
Represented London-based retrocessionaire in arbitration involving finite reinsurance and disposition of the experience account balance after termination of the contract
News
Clark Hill Appointed as Counsel to PA Insurance DepartmentClark Hill Attorney Robert Tomilson Appointed to Kline School of Law Advisory BoardClark Hill Attorney Christopher Brubaker to Present at PBI Business Law InstituteClark Hill Attorneys Joseph Donley and Steven Richman Participate in IBA ConferenceClark Hill’s Robert Tomilson Interviewed by Insurance Licensing Services of AmericaClark Hill Attorney Christopher Brubaker to Present at PBI Identity Theft CLE – March 14, 2016Clark Hill Attorney Christopher Brubaker to Present at PBI Business Lawyers’ Institute - November 4, 2015Clark Hill Attorney Joseph Donley to Participate in Reinsurance Association of America Re Claims Conference in New York – October 15-16, 2015Clark Hill Attorney Scott D. Braun Presented at Florida Society for Healthcare Risk Management & Patient Safety Annual Meeting August 14, 2015Clark Hill PLC Receives National and Metropolitan Tier 1 Rankings in the 2016 Edition of Best Lawyers in America's “Best Law Firms”Clark Hill Attorney Robert Tomilson Speaks to Brokers & Reinsurance Markets AssociationClark Hill Attorney Christopher Brubaker to Speak at RAA Re Basics Demystifying Reinsurance: A Basics of Property/Casualty Reinsurance Course - May 14-15, 2015Clark Hill Attorney Robert Tomilson to Speak at ACI’s Litigating Disability Insurance Claims Forum – January 22-23, 2015, Union League, PhiladelphiaClark Hill Attorney Christopher M. Brubaker to Present at Pennsylvania Bar Institute Business Lawyer Institute November 2014Clark Hill’s Robert Tomilson to Speak at C.W.D.G. Contract Wording Discussion Group Clark Hill Attorneys Christopher Day, Christopher Brubaker and Elizabeth Gocke to Present at Legal Intelligencer’s In-House Counsel CLE in Philadelphia - October 15, 2014Clark Hill Attorney William E. Cox to Participate in Reinsurance Association of America Reinsurance Claims & Loss Management Conference October 15-16, 2014Attorney Robert W. Tomilson Joins Clark Hill's Philadelphia OfficeClark Hill Attorney Christopher M. Brubaker to Participate in Reinsurance Association of America Re Basics Conference – May 13-14, 2014Clark Hill Attorney William E. Cox to Participate in Reinsurance Association of America Reinsurance Claims & Loss Management Conference - October 9-10, 2013Clark Hill Attorney Joseph M. Donley to Speak at Society of Insurance Financial Management Conference
Articles
NY's Cybersecurity Rules for Banks, Insurers, Financial Services - The Legal Intelligencer In-House Counsel Column, March 2017Know Your Rights: Ensuring Equality for LGBTQ Employees, Windy City Times - December 28, 2016Know Your Rights: Combating Health Care Discrimination, Windy City Times - June 22, 2016People: The Cyber Wild Card in Terms of Security, Attacks - The Legal Intelligencer In-House Counsel Column, June 2016Privacy Shield: Gov't Responsibilities, Bulk Data Collection: Part II - March 2016Predictions on What Is Ahead for Cyberrisk in 2016Cybersecurity Lessons From the Third Circuit's 'Wyndham' RulingPa. Justices Clarify Meaning of 'Insured' in Liability ExclusionInsurance & Reinsurance Briefing - Spring 2015Why Cyberrisk is Not Just an IT Issue, But a Legal One TooBetter Risk Management Results in Cheaper Cyber Insurance Insurance & Reinsurance Briefing - Fall 2014Risk Management: Controlling Compliance-Associated RiskAn Overview of Portable Electronics InsuranceInsurance & Reinsurance Briefing - Spring 2014Insurance & Reinsurance Briefing - Winter 2014Whither Grigsby? STOLI and the Assault on Insurable InterestInsurance & Reinsurance Briefing - Fall 2013Insurance & Reinsurance Briefing - Summer 2013Penny Wise, Pound Foolish: How It Applies to Reinsurance AgreementsInsurance & Reinsurance Briefing - Spring 2013Duties of the Cedent
Presentations
Love Me Tender: A Primer on Indemnification, Insurance and Related Issues and Tips to Aid in Obtaining the Coverage You Bargained for in That Contract