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Insurance and Reinsurance

Insurance Coverage, Insurance Recovery and Reinsurance
The insurance practice at Sills Cummis & Gross is uniquely equipped to support both policyholders and insurers in “bet-the-company,” large and medium-sized insurance coverage litigations and advisory matters.

For over four decades, the lawyers in our insurance practice have pursued a singular objective – achieving the best possible outcomes for our policyholder and insurer clients in their insurance disputes and coverage advisory matters. This commitment defines our practice.

We draft and negotiate insurance on behalf of our clients. When our policyholder clients encounter coverage denials or delays in claim payments, we work diligently to maximize their insurance recoveries. As experienced trial and appellate lawyers, we litigate insurance coverage cases in courts nationwide, shaping and redefining insurance law. Conversely, when our carrier clients face claims that exceed policy terms, we act decisively to enforce the policy terms and ensure that coverage is provided solely as stipulated in the policies.

We are also thought leaders in insurance law, authoring scholarly insurance journal and expert analysis articles, providing regular commentary to leading insurance trade publications and speaking on insurance law to national, regional and local audiences.   Read More...

Our Broad-Based Insurance Experience
Our practice spans all major commercial insurance lines, areas of insurance subject matter expertise, insurance broker representation and reinsurance including:

  • Commercial General Liability (CGL), Umbrella and Excess Liability Insurance
  • First-Party Property Insurance, including All-Risk Commercial Property Policies, Business Interruption Coverage and Ordinance or Law Coverage
  • Directors & Officers (D&O) Insurance Coverage
  • Representations & Warranties and Other Transactional Insurance
  • Cyber and Data Breach Insurance Coverage
  • Professional Liability, including Errors and Omissions (E&O) Liability Insurance
  • Construction Defect Insurance Coverage
  • Employment Practices Liability Insurance (EPLI)
  • Environmental and Pollution Liability
  • Fidelity and Surety
  • Political Risk, Kidnap and Ransom Insurance
  • Insurer Insolvency and Guaranty Association Litigation
  • PFAS (Forever Chemicals)
  • Retrospective Premium Disputes
  • Insurance Broker/Producer Representation
  • Insurer/Broker Disputes
  • Policy Auditing, Structuring and Drafting
  • Life Insurance
  • Reinsurance


The Sills Cummis & Gross Advantage − A 360-Degree Perspective on Your Insurance Dispute
Clients of our insurance practice benefit from our Firm’s comprehensive 360-degree perspective on insurance disputes. Our senior leadership boasts an advantage that few firms at our level can match – having represented both policyholders and insurers as lead counsel in a number of the largest insurance coverage disputes in the nation. This comprehensive view allows us to resolve our clients’ insurance disputes more swiftly, efficiently and favorably.

Our unique 360-degree perspective provides a deep understanding of the business of insurance and fosters excellent professional relationships with both the policyholder and insurer bar, as well as with numerous insurance carriers. We maintain strict confidentiality for our settled insurance matters, affording us opportunities for early case resolutions that many of our competitors simply lack.

When coverage litigation is necessary, our unique 360-degree perspective streamlines the process, enhances our advocacy, and promotes civility with opposing counsel, ultimately reducing our clients’ litigation costs and expediting case resolutions.

A National Practice Across All Major Commercial Insurance Lines, Subject Matter Areas, Broker Representation and Reinsurance
Our lawyers enjoy a dynamic, national insurance practice, having litigated and handled insurance disputes in virtually every state and region across the country. Simply put, we go wherever your insurance dispute is located and litigate it in the most favorable forum available.

There is no area of insurance law beyond our capabilities. Our comprehensive insurance practice encompasses all major commercial insurance lines, areas of insurance subject matter expertise, insurance broker representation and reinsurance.

Click here to view the full “Insurance Coverage, Insurance Recovery and Reinsurance” overview.   Read Less

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Representative Matters

  • OUR ATTORNEYS HAVE REPRESENTED BOTH POLICYHOLDERS AND INSURERS IN MANY HIGH-PROFILE INSURANCE COVERAGE MATTERS, WHICH INCLUDE:
  • Successful Defense of Insurer in $100 Million Coverage Trial: Served as lead trial counsel in defending a $100 million insurance coverage action in California against a global chain of nursing homes. Representing a major insurer, conducted a two-month trial involving over 20 witnesses, 60 depositions and an exchange of over 10 million pages of documents. Secured a complete defense verdict and recovered hundreds of thousands of dollars in costs from the policyholder.
  • COVID-19 Business Interruption Insurance Coverage Chief National Policyholder Strategist and Coordinator: Acted as chief policyholder strategist and coordinator for over twenty COVID-19 business interruption coverage matters and litigation across 14 states. Led and managed all COVID-19 matters, supervising and advising over 50 lawyers at multiple firm offices and local counsel, seeking over $10 billion in insurance recoveries. Argued in the U.S. Court of Appeals for the Eighth Circuit, obtaining the first policyholder reversal of a judgment for insurers in the history of COVID-19 insurance recovery litigation in the United States.
  • COVID-19 Business Interruption Insurance Coverage – Spearheaded Insurer Victory in New Jersey Appellate Division: Served as counsel for various insurers in the successful appellate representation against a COVID-19 business interruption claim by a large chain of convenience stores.
  • Special Counsel for Integrity Insurance Company Liquidation: Served for 19 years, as Special Counsel to the New Jersey Department of Banking & Insurance in the liquidation of Integrity Insurance Company. Filed various actions on behalf of the Liquidator against former managing general agents for unremitted premiums, underwriting guideline violations, breach of contract and return of contingent commissions.
  • Lead Litigator and Trial Counsel for Representation of Major Insurer: Acted as lead insurance coverage litigator and trial counsel for a team of twenty attorneys across multiple offices, representing a major insurer in property casualty and errors and omissions insurance coverage litigations nationwide. Handled matters ranging from $20 million to over $1 billion per case, maintaining an undefeated record for the insurer for over eight years.
  • Statewide Coverage and Bad Faith Counsel for The Home Insurance Company: Served as New Jersey Coverage and Bad Faith Counsel, defending The Home Insurance Company and defended the company in a variety of disputes under first-party property and third-party liability policies.
  • ENVIRONMENTAL, ASBESTOS AND TOXIC TORT CLAIMS
  • Secured Coverage for Major Airlines and Airports: Successfully represented major U.S. airlines and one of the largest U.S. airports in obtaining coverage from their Commercial General Liability (CGL) carriers and Environmental Impairment Liability (EIL) carriers for hundreds of millions of dollars of environmental claims.
  • Hundreds of Millions Recovered for Asbestos Producers: Represented numerous asbestos producer defendants against their CGL, umbrella and excess insurers, recovering hundreds of millions of dollars in insurance proceeds.
  • Recovered $20 Million for Chemical Manufacturer: Secured over $20 million in coverage for a chemical manufacturer policyholder in a New Jersey environmental insurance coverage action under multiple years of CGL policies. The policyholder was accused of polluting the local water supply with chemicals.
  • $55 Million Asbestos Insurance Recovery: Represented a manufacturing company in the recovery of $55 million of asbestos bodily injury losses from its excess and umbrella liability insurers.
  • Pioneering Non-Products Asbestos Claims: Filed one of the first “non-products” claims in U.S. history on behalf of an asbestos installer defendant policyholder against its CGL, umbrella, and excess insurers, arguing that bodily injury claims against the installer were not subject to the policies’ aggregate limits.
  • Tens of Millions Recovered for Producers of Protective Clothing and Other Equipment against Asbestos, Silica and Coal Dust Bodily Injury Claims: Recovered tens of millions of dollars in insurance proceeds for manufacturers of protective clothing and other equipment for bodily injury liability from asbestos, silica and coal dust claims.
  • D&O, FIDELITY AND SURETY, CYBER AND DATA BREACH CLAIMS AND OTHER FINANCIAL LINES
  • D&O Claims Representation: Represented multiple companies and their directors and officers in claims under D&O policies.
  • Cyber and Data Breach Insurance Counseling: Provided counsel to policyholders for cyber and data breach claims. Evaluated and reviewed cyber and data breach insurance policies for mergers and acquisitions of clients.
  • Defense of Financial Guaranty Insurance Claims: Represented the Liquidator of Integrity Insurance Company in defending actions seeking coverage of $50 million in financial guaranty claims.
  • Fidelity Claims Insurance Recovery: Represented major corporations and banking institutions in prosecuting fidelity claims against carriers for dishonest acts committed by the policyholders’ employees.
  • D&O Policy Recovery: Represented a company in recovering $2.5 million under a D&O policy.
  • REPRESENTATIONS & WARRANTIES AND OTHER TRANSACTIONAL INSURANCE
  • Representations & Warranties Claims Representation: Represented and counseled clients with respect to claims under representations & warranties insurance.
  • CONSTRUCTION DEFECT AND OTHER CONSTRUCTION-RELATED INSURANCE COVERAGE CLAIMS
  • Lead Counsel in One Billion Dollar Construction Defect Coverage Case: Defended an insurer, as lead counsel, in one of the nation’s largest construction defect actions, valued at more than $1 billion, involving multiple owner, contractor and subcontractor claims under an owner-controlled insurance program, leading to a settlement.
  • Successful Defense of Insurer against $65 Million Builders’ Risk Claim from Power Plant Collapse: Defended an insurer against a $65 million delay in startup claim under a builders’ risk policy stemming from the partial collapse of a Connecticut power plant under construction. Weakened the policyholder’s coverage claim through 20 depositions and expert evidence, culminating in a settlement.
  • Lead Counsel to Insurer in Southern California Construction Defect Coverage Actions: Defended an insurer against multiple construction defect coverage actions involving high-rise condominiums in Southern California, resulting in settlements.
  • Representation of Miami High-Rise Condominium Developer: Represented a developer of a Miami high-rise condominium in a coverage action against its property insurer over construction defects caused by faulty structural engineering.
  • Successful Insurance Recovery for Property Owner under Ordinance or Law Coverage: Represented a commercial property owner who sustained a partial building collapse and was informed by the local construction official that its 40 year-old building had to comply with the current building code from which it was previously grandfathered. Recovered the increased cost of construction pursuant to the ordinance or law coverage of the standard property policy.
  • NATURAL DISASTERS AND BUSINESS INTERRUPTION CLAIMS
  • Secured Business Interruption Coverage for Fire-Destroyed Paper Mill: Successfully obtained business interruption coverage for a paper mill that was destroyed by fire.
  • Coal Mine Fire Claims: Represented owners of coal mines in coverage litigation against their property and liability insurers seeking recovery for property losses, business interruption and bodily injury losses arising from coal mine fires and explosions.
  • Landslide-Related Business Interruption Claim: Represented institution seeking business interruption coverage for losses caused by a landslide in Big Sur, California.
  • Oil Refinery Explosion Claims: Pursued insurance recovery litigation for oil refinery owner arising from catastrophic bodily injuries and burns sustained by refinery workers in an explosion.
  • September 11th Business Interruption Insurance Recovery: Recovered tens of millions of dollars in business interruption insurance coverage for businesses impacted by the September 11, 2001 terrorist attack on the World Trade Center.
  • Fighting for Policyholders in Natural Disaster Claims: Represented various policyholders in pursuing business interruption and property damage claims arising from natural disasters, including fires, building collapses, floods, hurricanes and other catastrophic events.
  • EMPLOYMENT PRACTICES LIABILITY INSURANCE (EPLI) CLAIMS
  • Secured EPLI Coverage for International Bank Accused of Employment Discrimination: Represented an international bank accused of employment discrimination in a coverage dispute with its EPLI carrier. Successfully persuaded the insurer to rescind its disclaimer and provide coverage by filing a complaint with the New York State Department of Financial Services for deceptive marketing of its EPLI policies.
  • HEALTHCARE CLAIMS
  • Successful Defense of Insurer against $1.6 Billion Professional Liability Claim: Served as lead counsel in defending an insurer against a claim exceeding $1.6 billion under a series of professional liability policies. Pursued recission of the policies, leading to a settlement. Coordinated defense strategy for the underlying actions, resulting in defense verdicts and dramatically reduced settlement values.
  • E&O Coverage for Healthcare Fraud Defense in Qui Tam Action: Represented a health care company seeking coverage from its Errors & Omissions (E&O) insurer for defense costs and indemnity incurred in a qui tam action alleging healthcare fraud.
  • E&O Coverage for Prepaid Funeral Provider: Represented a prepaid funeral provider in seeking E&O coverage for the defense and indemnity with respect to fraud actions filed in several states.
  • ENTERTAINMENT INDUSTRY CLAIMS
  • Summary Judgment (and Affirmance) in $20 Million Duty to Defend Case: Won summary judgment for an insurer client from the U.S. District Court for the Central District of California against a $20 million duty to defend claim brought by the world’s largest record company arising from alleged tortious interference in record contracts with hip hop artists. Achieved affirmance on appeal to the U.S. Court of Appeals for the Ninth Circuit.
  • RETROSPECTIVE PREMIUM DISPUTES
  • Favorable Result for Insurer in Dispute over Risk-Sharing CGL Policy with Retrospective Premium Endorsement: Represented an insurer against the world’s largest record company in a dispute under a risk-sharing, fronted CGL policy with a retrospective premium endorsement. The record company claimed that the policy was a traditional risk-transfer policy. Extensive depositions and discovery severely undermined the policyholder’s case, resulting in a favorable settlement on the courthouse steps.
  • INSURANCE PRODUCER AND AGENCY LITIGATION
  • Agency Litigation for National D&O Insurance Producer: Represented a national producer of D&O insurance in agency litigation with Federal Insurance Company, addressing issues of underwriting violations, unremitted premium and contingent commissions.
  • Litigation by Insurers against General Agents: Represented various insurers in litigation against their general agents involving allegations of negligent underwriting, violation of underwriting guidelines, and the return of commissions.
  • LIFE INSURANCE
  • Recovery of Tens of Millions of Dollars for Survivors of Ultra-High Net Worth Policyholder under a Life Insurance Policy: Prepared and advanced a life insurance claim concerning the death of an ultra-high net worth policyholder under highly confidential circumstances, protecting the family’s and the decedent’s privacy and securing life insurance benefits worth tens of millions of dollars without litigation.
  • REINSURANCE
  • Reinsurance Recovery for Liquidator of Insolvent Insurer: Represented the Liquidator of Integrity Insurance Company in recovering $65 million in reinsurance for asbestos, environmental and toxic tort liabilities.
  • Recovery of Reinsurance for a Surety Company: Represented a national surety company in recovering $3.5 million in reinsurance for construction losses.

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