Insurance Disputes - Insurers

  • Holland & Knight's Insurance Team represents insurers in litigation and claims involving policies of all kinds, from insurance coverage disputes and high-stakes litigation to policy analysis, coverage interpretation and risk management counsel.
  • Working to protect the interests of insurers throughout the world, our diverse group of attorneys has hands-on experience which enables us to provide clients with informed and well-rounded representation.

In today’s climate of deregulation, globalization and natural disasters, complex legal challenges for insurers are on the rise. Addressing these legal challenges, establishing risk assessment and avoidance strategies and pursuing potential litigation when necessary requires the knowledge and experience of skilled legal professionals.

Holland & Knight’s Insurance Team has a long history of helping clients anticipate risks and protect their interests. We have an in-depth understanding of the insurance industry and the challenges involved. We recognize the critical importance of insurance and the protections it affords employees, customers, corporate assets and future business operations.

Representing a Broad Range of Insurers 

Our team represents domestic insurers with U.S. and foreign operations as well as foreign insurers doing business in the U.S. We advise life, P&C and health insurers, as well as reinsurers, captive insurers, financial institutions, investment banks and financial intermediaries in connection with regulatory and transactional matters.

Additionally, our insurance lawyers provide strategic guidance on compliance, product development and distribution, authorization and licensing and the Dodd-Frank Wall Street Reform and Consumer Protection Act, including the creation of a new Federal Insurance Office.

Comprehensive Counsel 

Our team guides clients through risk management analyses, including best practices and compliance reviews. This guidance in turn minimizes disputes and enforcement actions by covering regulatory matters, corporate governance, regulatory requirements, taxation, insolvencies and governmental investigations. Additionally, we regularly counsel clients on underwriting, claims handling and litigation matters related to traditional and new insurance products.

Worldwide Coverage 

From insurance coverage disputes and high-stakes litigation to policy analysis, coverage interpretation and risk management counsel, our team collaborates with attorneys throughout the firm to protect the interests of clients around the world.

Protecting Your Interests 

Because litigation can be costly and time consuming, our team attempts to resolve disputes at the earliest possible stage. However, if litigation is in our client’s best interest or cannot be otherwise avoided, we have the experience and knowledge necessary to take the matter to court or arbitration. We have litigated and arbitrated disputes for insurers associated with nearly every aspect of insurance law, regulatory compliance and coverage issues, including:

  • comprehensive general commercial liability insurance policies
  • business liability insurance claims
  • environmental coverage
  • errors and omissions policies
  • professional liability policies
  • directors' and officers' liability
  • marine P&I, hull, cargo and F, D & D
  • aviation and space risks
  • reinsurance
  • business interruption and property loss
  • product liability insurance claims
  • sales practices liability
  • construction defect liability

Our insurance/reinsurance litigators provide skilled and cost-effective representation for all types of matters, including:

  • large loss environmental property damage claims and product liability insurance actions
  • complex and varied multidistrict litigation and class action suits
  • development and product disputes
  • environmental and toxic tort liability
  • disputes regarding equitable contribution
  • technology-related contract matters and e-discovery disputes
  • health insurance coverage disputes
  • ERISA disputes
  • agency and broker disputes
  • privacy disputes
  • personal injury, wrongful death and property claims arising from every loss situation, including aviation, space, and maritime matters
  • directors’ and officers’ liability disputes
  • insurance fraud and bad faith claims
  • professional errors and omissions claims

Mitigating Your Risks and Potential Exposure

Our team counsels clients on compliance and risk management matters and we assist with:

  • drafting and negotiating policies for specialized risks
  • advising on the impact of the latest legislative and regulatory developments
  • establishing domestic and offshore stock, mutual and captive insurers, risk-retention groups and other risk bearing entities
  • reviewing insurance requirements in asset-based financing and other transactions
  • preserving insurance rights in acquisitions, divestitures and other corporate transactions