Insurance

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Utilizing years of experience and a wealth of industry knowledge, Ropes & Gray attorneys have successfully represented insurers in complex, high-stakes litigation across a broad spectrum of insurance products and disciplines.

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Overview

Representing leading London, U.S., and Bermuda insurers and reinsurers in litigation and arbitration and providing coverage advice and claims coordination/resolution, we combine insurance knowledge and experience with a practical focus on sound business solutions.

In addition to serving as national coordinating counsel on major coverage matters, our team of insurance lawyers litigates groundbreaking insurance law cases and guides industry leaders through novel legal challenges. Few firms can match our depth and breadth of experience, resources and talent.

Our experience handling claims arising from catastrophic property damage events (including hurricanes, flooding and the September 11, 2001 terrorist attack), professional liability risks, railroad liability, first-party environmental cleanup, asbestos-in-buildings, Y2K, and lawyers’ tax shelters has prepared us to take on the most challenging insurance disputes. Equally, it has taught us how best to coordinate matters to achieve the most favorable outcome.

And taking advantage of Ropes & Gray’s broad, multi-disciplinary capabilities, insurers retain us in varied commercial contexts ranging from data security breaches to transactional litigation to intellectual property litigation.

Comprehensive Services

Ropes & Gray’s insurance practice has a proven record of success resolving large and complicated problems for clients, coordinating and defending high-stakes cases and aggressively pursuing major recoveries for insurers. We have represented clients in a wide range of matters including:

  • First-party property
  • Professional liability
  • General liability
  • Class actions
  • Fidelity
  • Employers’ liability
  • Pollution
  • Construction
  • Marine
  • Energy
  • Reinsurance
  • Defense of extra-contractual claims
  • Subrogation/cost recovery/contribution

Experience

Among our many significant engagements, we:

  • Represent London, Bermuda, European and U.S-based insurers and reinsurers in connection with major first-party property claims arising out of Sandy - Catastrophe #90.
  • Represent insurers in class action suits alleging antitrust and RICO violations by insurance brokers and a host of insurance companies.
  • Represent excess insurers in a $20 million claim by a HMO that is currently in arbitration.
  • Coordinating counsel for professional indemnity coverage claims involving flawed tax shelter advice by insured law firms.
  • Regularly advise a large U.S. insurer with its defense and indemnity obligations with respect to professional indemnity claims, including claims in the areas of law, financial services, insurance brokers, and real estate.
  • Represented various insurers in connection with litigation in multiple forums, arising out of a $135 million jury verdict against an insured accounting firm.
  • Represented Liberty Mutual in litigation with the WTC Captive Insurance Co., an entity created to defend the City of New York and various contractors with respect to claims arising out of the cleanup of the World Trade Center following September 11th. 
  • Lead appellate counsel for the insurer-appellee in a coverage case in the U.S. Court of Appeals for the First Circuit against the largest health insurer in the United States.
  • Successfully litigated in state trial court in New Jersey an accounting firm’s claim for $200 million in alleged business interruption from September 11 to a level below the policy attachment point. 
  • Represented excess insurers in a $50 million professional indemnity claim by a HMO seeking payment of defense and indemnity for a nationwide class action alleging RICO and other violations in the payment for medical services. 
  • Successfully obtained ruling from the U.S. District Court for the Southern District of New York that the Port Authority of New York and New Jersey is not entitled to a second round of insurance payments for the World Trade Center property it leased. 
  • Prevailed in an important case brought by a Mississippi resort and casino involving the scope of business interruption coverage in the aftermath of Hurricane Katrina.
  • Obtained favorable ruling from Fifth Circuit in favor of Liberty and certain other Excess Insurers in litigation brought by Six Flags following Hurricane Katrina. 
  • Advised and represented insurers in complex ADRs involving more than $700 million in coverage on issues such as: (i) medical impairment and legal cause of harm, (ii) allocations of bankruptcy defaults, and (iii) plaintiff actions on insurers’ behalf to recover millions in interest from delinquent participants. 
  • Obtained victory for XL in a binding arbitration against broker and US supermarket chain in claim for windstorm loss on an aggregate basis.
  • Won multiple partial summary judgments from the Texas state trial court on hotel chain’s September 11 time element claims, resulting in a full and final judgment in favor of insurers.
  • Lead trial counsel winning a 12-week jury trial in New York, defeating the $3.5 billion coverage claim of the WTC lessee and building owner.
  • Lead trial counsel winning summary judgment in New Jersey in the $1 billion asbestos removal claim in hundreds of Port Authority buildings in the New York metropolitan area. 
  • Lead counsel in a three-week trial in Florida in a case brought by one of the nation’s largest freight railroads. 
  • Lead trial counsel on disputes involving the Wellington Agreement, the largest private multi-insurer/multi-insured settlement agreement ever reached, involving billions of dollars in coverage for asbestos bodily injury claims.