Herrick represents key players in the insurance industry, including major insurance companies and reinsurers, agents and brokers in insurance coverage disputes, regulatory concerns and transactional matters.

Insurance Coverage Litigation

The Herrick team consists of seasoned insurance and commercial litigators, and our clients turn to us to handle their most sophisticated business issues, legal challenges and disputes.

We represent insurers in the negotiation, resolution and litigation of complex insurance coverage matters across a range of industries. This includes defending against first-party and third-party coverage claims, allegations of bad faith and unfair claims practices and in contribution/indemnification and priority of coverage disputes between insurance companies.

We regularly analyze complex coverage questions, review 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.

Through our work as national coverage counsel for several insurers, including the nation’s largest provider of liability insurance to public housing authorities, we have handled the full range of coverage issues.

Reinsurance Disputes

We represent reinsureds, reinsurers and pool managers in litigation and arbitration on a variety of issues concerning treaty and facultative insurance, including follow the fortunes, allocation disputes, interpretation of warranty provisions, reinsurers’ collateral obligations and the scope of contractual offset provisions.

Transactional and Regulatory Counsel

We advise U.S. and European insurers, reinsurers and brokers on a wide range of issues, including multi-state licensing projects, Federal excise tax concerns, regulatory compliance and regulatory investigations across the U.S. We also frequently advise insurers and reinsurers regarding the development of new policy forms, and the drafting of policies, endorsements and reinsurance contracts.

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
  • Disputes between primary and excess insurers
  • National coverage/coordinating counsel
  • Number of occurrences
  • Pollution exclusion disputes

Types of Policies:

  • Aviation
  • Bermuda Forms
  • Builders Risk
  • Business Interruption
  • Commercial General Liability
  • Commercial Property
  • Cyber
  • Directors and officers/public officials liability
  • Employment Practices Liability
  • Environmental/Pollution Liability
  • Errors & Omissions/Professional Liability
  • Excess Liability
  • Fiduciary Liability
  • Product Liability
  • Product Recall
  • Representations and Warranties
  • Subcontractor Default
  • Surety