Our services include proactive counseling, coverage analysis and litigation on behalf of insurers, third-party administrators and related entities under a wide array of insurance policies, including first-party, general liability, D&O, and professional liability policies of all types. We bring in-depth knowledge of insurance issues, coupled with substantial trial and appellate experience in federal and state courts throughout New England. We work with clients throughout New England, including insurance companies, insurance agents and brokers, employee benefit plans, third-party administrators, health maintenance organizations and self-insured entities.
We represent insurance companies in a wide range of coverage and extra-contractual liability disputes. We understand the importance of consistent and principled policy interpretation, timely claims handling, and the need for cost-effective resolution of coverage issues. Our services include:
- Coverage analysis
- Reservation of rights and other communications with insureds on coverage issues
- Litigating coverage disputes in declaratory judgment actions in state and federal courts and arbitration forums throughout New England
- Litigating insurance fraud, misrepresentation and rescission claims in state and federal courts and arbitration forums throughout New England
- Defending bad faith, unfair insurance trade practices and breach of contract claims on behalf of insurers in state and federal courts and arbitral proceedings throughout New England
- Handling appellate matters regarding coverage and other issues for insurers in federal and state courts throughout New England
- Policy drafting and review
- Customized training programs for claims professionals concerning significant trends and developments and ways to minimize extra-contractual exposures
In addition, our attorneys counsel clients on risk management, coverage analysis, minimizing extracontractual liability exposures, regulatory requirements and other facets of the insurance business. The firm provides legal guidance to clients with respect to the application of federal and state regulations to insurance and reinsurance companies. We advise clients with respect to responses to requests for information from regulatory agencies, external auditors and others concerning regulatory requirements. We appear before regulatory agencies to help clients resolve any regulatory and compliance issues and to facilitate regulatory approvals. We also advise senior executive management on legal and regulatory matters related to all company operations and products, which includes the preparation of legal memoranda concerning significant legal, compliance and regulatory matters. Drawing on Sulloway & Hollis’ strong corporate and administrative law experience, we also offer:
- Guidance on corporate and regulatory matters, including formation, organization, qualification, domestication, licensing, registration, rehabilitation, mergers and acquisitions, and reorganizations
- Representation before insurance regulators and other state agencies
- Guidance on significant legal decisions as well as legislative and regulatory changes at the state and federal level
- Preparation of amicus curiae briefs on matters of industry to the insurance industry
Representative Matters Include:
- Negotiating a favorable resolution to claims against an excess-layer liability insurer arising out of its insured’s international investment-management services, in a proceeding that involved complex questions about the interplay of Australian and United States law
- Arbitrating a property reinsurer’s position to conclusion in a matter that involved ex gratia payments on the part of the ceding carrier
- Representing insurers in numerous coverage disputes, at both the trial and appellate levels, concerning defective construction and faulty workmanship claims at condominium developments and commercial properties throughout the Northeast. The disputes have included limitations on AI coverage, application of competing other-insurance provisions, insured contract obligations, defense cost contribution claims, triggers of coverage and applicability of business risk exclusions
- Advising insurers regarding obligations and exposures when multiple claims exceed available policy limits, including availability of interpleader to resolve competing claims to policy limits
- Counseling insurers regarding effective ways to frame coverage issues in underlying litigation, including by intervening for the limited purpose of submitting special jury interrogatories (special verdict form) to apportion liability, if any, between covered and non-covered claims and damages
- Representing a D&O insurer in coverage litigation concerning the availability of coverage for multiple underlying actions brought against a religious institution and certain officers and directors alleging breaches of fiduciary obligations and accounting improprieties, including claims brought by the Massachusetts Attorney General’s Office for the alleged misuse of charitable assets
- Representing a health care organization and D&O liability insurer in an action filed in the Rhode Island U.S.D.C. for declaratory judgment regarding the ability to deny coverage for amounts paid to settle claims under the False Claims Act on the grounds that the settlement constituted non-covered restitutionary relief, fines and penalties. The matter was resolved through mediation on favorable terms for the insurer
- Representing a D&O insurer in coverage litigation concerning the enforceability of a sublimit in a regulatory claim endorsement and the policy’s related claims provisions in a coverage dispute arising out of the criminal indictment of a health care organization’s CFO for alleging conspiracy to evade federal and state certificate of need regulations and HIPAA
