Insurance & Reinsurance

A prominent legal practice in the global insurance and reinsurance market, Clark Hill represents insurers and reinsurers from the United States, Europe, and Bermuda in coverage disputes, arbitrations, insolvency and regulatory actions, and transactional matters. Our deep bench of experience is assuredly comprehensive. We deliver proven skills in all insurance and reinsurance matters. Our practice combines the talents of veteran insurance counselors, accomplished coverage attorneys, formidable trial advocates, and seasoned appellate advisors.

Our team is valued for extensive industry know-how and the ability to efficiently handle any complex matter in connection with (re)insurance—from representing a Bermuda reinsurer in arbitration with its cedant 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. We are also experienced in guiding managing general agents, producers, agents, and brokers through the array of legal challenges they face.

Our team delivers counseling abilities to clients such as Lloyd’s and other London market insurers, as well as insurers in the United States, Bermuda, and Europe for pre-underwriting and claims audits, management of high exposure claims, and providing coverage advice. We help clients evaluate risk, determine premiums, and draft policies regarding a wide variety of lines of business, including miscellaneous errors and omissions, workers compensation, billing E&O, hospitals, allied health risks, correctional health risks and physicians, and hospital management liability.

Moreover, we assist with the management of high-exposure claims that extend from a nationwide network of defense counsel and other experts through litigation, trial, and appeal. We routinely work with clients’ insureds and their counsel on developing and implementing focused and tactical defenses. Whether through early settlement negotiation or developing litigation strategies, our attorneys have maintained a reputation of dealing constructively and efficiently with clients.

Experience

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

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

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

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

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

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

Represented reinsurer in lawsuit involving asbestos claims paid under Wellington Agreement
Represented cedents in workers’ compensation reinsurance arbitrations
Represented reinsurer in lawsuit in which cedent sought to impose joint and several liability on purported reinsurer
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
Assisted in evaluating a German insurer’s loss exposure in an American casualty book of business
Represented reinsurer in multi-national construction defect reinsurance arbitration involving claims of fraud and misrepresentation
Represented cedent in property reinsurance arbitration involving damage to computer chip boards
Represented cedent in reinsurance arbitration involving copyright infringement and product disparagement claims
Represented cedent in reinsurance arbitration involving construction defect/aggregation issues
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 lawsuit against reinsurer regarding claims under environmental impairment liability policies
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
Advise insurance companies regarding compliance with State regulatory requirements
Represented reinsurer in lawsuit involving cut through claims under co-indemnification agreements
Represented cedents in numerous asbestos and environmental reinsurance arbitrations
Represented reinsurer in medical stop loss reinsurance arbitration
Represented reinsurer in reinsurance arbitration seeking damages resulting from reinsured’s failure to timely report loss data
Provide coverage opinions to insurance companies on CGL policies covering Fortune 500 companies
Represented insurer in lawsuit against reinsurance intermediary involving broker negligence
Represented reinsurer in private mortgage insurance reinsurance arbitration involving claims of fraud and misrepresentation
Represented a reinsurer before the Pennsylvania Supreme Court on the right of set-off among multiple contracts with an insolvent Pennsylvania insurer
Represented reinsurer in reinsurance arbitration involving applicability of treaty limit provisions
Represented Barbados-based reinsurer in transaction wherein a $300m dividend was made to North American and parental guarantees provided to cedents
Represented cedent in reinsurance arbitration regarding Roman Catholic priest sexual abuse claims
Provided a comprehensive "insurable interest" opinion for a transaction raising $100m wherein life policies were used as collateral for bondholder commitments
Represented cedent in reinsurance arbitration involving assault and battery exclusion and multiple death claims
Represented reinsurer in reinsurance arbitration regarding setoff issues
Assisted in providing analysis of insurance and reinsurance coverage issues and third party claim rights
News
Clark Hill Attorneys Selected for Inclusion in the 2021 Edition of Best Lawyers in AmericaClark Hill Attorney Robert Tomilson Published in Crain's Business ChicagoRobert Tomilson Quoted in Reaction Magazine’s “Business Interruption Relief Under Property Policies? It Could Happen”Robert Tomilson to Speak on Medical Stop Loss Reinsurance in ARIAS-sponsored Webinar (CLE credit)Attorneys Scott Braun and Christopher Griffin Published in DRI Insurance Law Committee NewsletterMember Pam Palmer to Present at the American Bar Association’s Tort Trial & Insurance Practice Section 2019 ConferenceClark Hill Member, Robert Tomilson, Appointed to Eastern University’s Board of TrusteesMember Pam Palmer to Present at the American Bar Association’s Tort Trial & Insurance Practice Section 2019 Admiralty and Maritime Law Committee Conference143 Clark Hill Attorneys Selected for Inclusion in the 2019 Edition of Best Lawyers in AmericaAs Appeared in Law 360, Pa. Reinsurance Ruling Sets Precedent For Insolvency Cases By Andrew Rothseid, RunOff Re.Solve LLC and Joseph Donley, Clark Hill PLC Seventy-Four Clark Hill Attorneys Selected for Inclusion in the 2018 Edition of Best Lawyers in AmericaClark Hill Appointed as Counsel to PA Insurance DepartmentClark Hill Attorney Robert Tomilson Appointed to Kline School of Law Advisory BoardClark Hill Attorneys Joseph Donley and Steven Richman Participate in IBA ConferenceClark Hill’s Robert Tomilson Interviewed by Insurance Licensing Services of America