Our nationally recognized Insurance Practice Group provides counsel to insurers, reinsurers, producers and intermediaries, as well as to other business clients with insurance issues. From transactional and regulatory questions to complex litigation matters, our attorneys help clients manage their commercial and individual coverage lines challenges. Our insurance experience covers critical market segments, including life and annuities, health care, long-term care, property/casualty, D&O/E&O and other specialty lines.
Regulatory & Compliance Problem-Solving
Our attorneys are experienced in compliance initiatives that are vital in today’s corporate environment, particularly in the heavily regulated insurance industry. Our services in this area include:
- building effective compliance programs
- conducting internal investigations
- responding to regulatory and governmental inquiries and enforcement actions
- rendering advice and getting approvals for licensing, changes in control, rate and policy form filings, investments and financial transactions
We actively participate at the National Association of Insurance Commissioners and various industry trade organizations and routinely assist regulators, companies and producers with transactions as well as market conduct and financial examinations. We also provide services to self-insured and other institutional clients, domestic and offshore captives, risk-retention and purchasing groups, and excess and surplus lines carriers with federal and state regulatory issues.
Coverage Dispute Resolution
We regularly represent insurers’ interests in coverage disputes, including rendering coverage opinions, drafting reservation and declination letters, and proceeding through all phases of litigation. Our coverage litigation experience includes prosecution and defense of declaratory judgment actions, class actions, third- and first-party claims litigation, extracontractual and bad-faith cases, bankruptcy matters, structured settlement and secondary market disputes, reinsurance arbitrations and antitrust litigation.
Our insurance litigation team has extensive trial experience and has handled complex matters in courts throughout the country. We employ a variety of alternative dispute resolution mechanisms, in partnership with our nationally recognized ADR practice. We also serve as experts, arbitrators and mediators in complex insurance disputes.
We represent insurance brokers, agents, MGAs and TPAs in transactions, contract negotiations, employment matters, litigation, commission disputes and regulatory investigations. Our product knowledge, combined with our relationships with leaders in the insurance marketplace, helps us provide creative solutions to the most complex business problems. Our regulatory experience and relationships have enabled us to resolve countless enforcement and licensing issues.
Risk Management Solutions
We counsel clients in the procurement of coverage and the use of insurance as a business or personal asset. Our lawyers assist with risk management issues, premium financing, selection of and negotiation with brokers and agents, and the preparation and review of a business client’s or acquisition target’s entire insurance program.
Our integrated approach to providing business solutions combines the experience of our insurance lawyers with other industry sector experience, such as mergers and acquisitions, estate planning, bankruptcy, employment, environmental, fidelity and surety, real estate and tax, to cost-effectively solve risk issues. Our long-standing relationships with the producer and insurance communities enable us to help our clients find the right coverages and the vendors to service their needs.
Stradley Ronon has broad experience handling legal matters for and against insurance receivers. We have counseled liquidators in numerous estates, including providing technical and asset collection services and defending objections to claim determinations. Our Insurance Group routinely provides counsel to troubled companies working through runoff and supervision plans. We also regularly counsel insurers and other business clients with claims against insolvent or otherwise troubled companies.
Steven B. Davis, chair of the Insurance Practice Group, represents insurers, producers and other intermediaries in regulatory matters, complex business litigation and coverage disputes. He also counsels companies on insurance aspects of risk management. He served as chief counsel for the Pennsylvania Insurance Department and routinely provides counsel and expert testimony for companies and regulators.
Craig R. Blackman, co-chair of the Insurance Practice Group, has more than 25 years of experience providing advice and counsel in the insurance arena. He focuses his practice on commercial and personal lines, D&O and E&O, general liability, land title, fidelity and surety, and professional, employment and product liability. He also has worked extensively in the mutual fund industry advising clients on their insurance programs.
Samuel J. Arena Jr. has concentrated his practice in insurance law for more than 30 years and is nationally recognized in both insurance coverage and fidelity and surety law disputes. He is a past chair of the ABA Fidelity and Surety Law Committee and represents insurance companies in complex coverage and extracontractual liability disputes.
Jeffrey D. Grossman is an experienced trial lawyer who represents insurers, reinsurers, surety companies and other insurance industry constituents in complex business and regulatory disputes. His areas of concentration include insurer insolvency and rehabilitation, health insurer/provider contractual disputes and member claims under ERISA and state laws, construction and other financial bond or fidelity products, complex coverage disputes and insured representations by designation in complex matters.
- Successfully representing health insurers in litigation, regulatory investigations and compliance initiatives.
- Resolving regulatory investigations over market practices for national insurers.
- Developing compliance programs for health care reform implementation for several carriers.
- Representing life/long-term care insurance companies and producers in regulatory matters, including product filings and multistate financial and market conduct examinations and investigations.
- Resolving contract disputes with health care providers for a national health insurer.
- Obtaining litigation judgments and resolutions as coverage dispute counsel to insurers on multiple lines of coverage, including defending and providing expert testimony in bad-faith cases.
- Successfully resolving market conduct and law enforcement investigations of and related litigation against producers.
- Providing transactional and regulatory counsel in connection with insurance company and intermediary acquisitions and restructurings, including acting as counsel in a mutual company merger.
- Representing a buyer in a brokerage asset purchase deal.
- Providing regulatory oversight for a health care company's acquisition of various businesses.
- Counseling the Insurance Commissioner of the Commonwealth of Pennsylvania as liquidator to various insurance companies in receivership, including defense of the liquidator in numerous litigation matters and providing counsel to insurers and other creditors in receivership proceedings
in other jurisdictions.