Herrick represents leading insurers, reinsurers, agents, brokers and other market participants in high-stakes coverage disputes, complex litigation, arbitration proceedings and regulatory matters.
Combining deep insurance industry knowledge with sophisticated litigation capabilities, we advise clients on some of their most challenging and consequential exposures. Our lawyers regularly handle disputes involving novel coverage issues, emerging risks, significant financial exposure and claims that shape underwriting and claims-handling practices across the industry.
Clients turn to Herrick not only to resolve disputes, but also to provide strategic guidance at every stage of the claims and litigation process. We analyze complex policy language, evaluate coverage obligations and assess litigation and settlement risks.
Why Clients Choose Herrick
Chambers USA and Legal 500 have recognized Herrick as a leading firm for insurance matters. Clients value Herrick's combination of sophisticated legal analysis, practical business judgment and deep understanding of the insurance industry. The practice has been recognized for its thorough, strategic and client-focused approach, with clients noting the team's “high-quality work product,” “excellent litigation skills,” “dedication serving its clients with the utmost integrity and excellence,” and ability to provide “timely and thorough advice.” Herrick focuses on a “client-first” and “creative” approach, which clients recognize and appreciate.
Insurance Coverage Disputes
Herrick represents insurers in the negotiation, resolution and litigation of complex insurance coverage matters across a range of industries and insurance products.
We routinely handle contribution, indemnification and priority of coverage disputes between insurers, and defend insurers against first-party and third-party coverage claims, allegations of bad faith and unfair claims practices and in disputes involving bankruptcy and insolvency issues.
We regularly analyze cutting-edge coverage questions, interpret policy language and advise on the best course of action with respect to claims brought by insureds. We also provide legal advice regarding potential liability for excess judgments and how to best protect the company against these types of claims.
As trusted coverage counsel, we provide practical, business-oriented advice regarding claims handling, coverage determinations, policy interpretation and exposure management. Our team frequently serves as national and coordinating coverage counsel, managing large-scale and multi-jurisdictional matters throughout the United States.
Reinsurance Disputes
We represent reinsurers and pool managers in disputes on a variety of issues concerning treaty and facultative insurance. Our experience includes significant matters involving follow the fortunes obligations, allocation, interpretation of warranty provisions, reinsurers’ collateral obligations and the scope of contractual offset provisions.
Regulatory & Strategic Counseling
Herrick advises domestic and international insurers, reinsurers and intermediaries on regulatory compliance, licensing, market conduct issues and governmental investigations.
We regularly counsel clients on multistate insurance regulatory matters, policy/endorsement drafting, reinsurance agreements, product innovation and emerging risks. Our lawyers work closely with clients to develop practical solutions that align legal objectives with broader business and underwriting considerations.
Types of Disputes:
- Agent/broker liability
- Allocation and trigger of coverage disputes
- Bankruptcy and financial distress
- Bad faith claims
- Contribution/indemnification and priority of coverage disputes between insurance companies
- Construction defect claims
- Discrimination claims
- Number of occurrences
- Pollution exclusion disputes
- Social media addiction claims
- Toxic exposure claims
Types of Policies:
- Aviation
- Bermuda Forms
- Builders Risk
- Business Interruption
- Commercial General Liability
- Commercial Property
- Cyber and Technology Risks
- Directors and Officers/Public Officials Liability
- Employers Liability
- Employment Practices Liability
- Environmental/Pollution Liability
- Errors & Omissions/Professional Liability
- Excess/Umbrella Liability
- Fiduciary Liability
- Financial Lines
- Homeowners Insurance
- Management Liability
- Personal Lines
- Product Liability
- Product Recall
- Representations and Warranties
- Subcontractor Default
- Surety and Specialty Lines
- Workers Compensation