Insurance

Dilworth Paxson’s Insurance Services Group handles all facets of complex insurance and reinsurance claims, litigation, appeals and arbitration.

Dilworth Paxson’s lawyers have represented many of the world’s largest insurers in a broad array of complex coverage matters.  In addition to representing insurers in litigation and arbitrations, the firm provides guidance and counseling regarding the myriad issues that arise during the handling of a claim.  The firm’s insurance coverage practice has included the following areas:

  • Pharmaceutical and other life sciences liabilities;
  • Asbestos and asbestos bankruptcy litigation, including challenges to policyholders’ pre-packaged bankruptcy plans under Section 524(g) of the Bankruptcy Code;
  • Bad faith litigation arising from claims for business interruption, fidelity, construction defect, excess verdict, and UM/UIM;
  • Intellectual property litigation, including the extent to which personal and advertising injury coverage may respond to claims for trademark, patent or copyright infringement;
  • First-party property claims;
  • Duty to defend issues;
  • Environmental and other long-tail liabilities under both general liability policies and pollution specialty policies; and
  • Construction defect litigation, including claims involving fire retardant plywood, EIFS and other building products.

Reinsurance

Our attorneys also have long-standing relationships with domestic and international reinsurers, and we have represented ceding companies, reinsurers and parties to retrocessional contracts in litigation and arbitration.  The firm has also provided counsel at various stages of non-litigated reinsurance claims.

Our reinsurance practice has included disputes involving workers’ compensation, medical malpractice, professional liability, asbestos, environmental property damage, financial transactions and proper loss allocation in reinsurance billings.

Representative Experience

  • Representing an excess insurer in New York Supreme Court on insurance coverage claims by the National Football League arising from the MDL Class Action concussion litigation settlement. 
  • Serving as lead counsel to a major property and casualty insurer in successfully rescinding a commercial property policy based on misrepresentation.
  • Serving as lead trial and appellate counsel for a specialty insurer in successfully defending a multi-million dollar additional insured claim. 
  • Obtaining judgment in favor of an errors & omissions insurer finding no coverage for mortgage broker’s fraudulent conduct.
  • Defending a domestic insurer in six week London Market arbitration regarding insurance coverage for pharmaceutical product liability lawsuits.
  • Representing insurers in environmental coverage litigation arising from the cleanup of the Lower Passaic River Basin
  • Representing a Korean insurer in coverage litigation in the District of New Jersey arising out of a self-start microwave oven MDL in Michigan against General Electric Company. 
  • Representing a domestic insurer in the Superior Court of Connecticut arising out of myriad claims against the manufacturer of OxyContin®.
  • Representing insurers in a multi-million dollar four-month trial involving claims for coverage arising from asbestos respirator claims
  • Representing an insurer in pharmaceutical antitrust litigation.
  • Representing insurers through trial involving a large tile flooring manufacturer and underlying asbestos claims. 
  • Obtaining denial of class certification and summary judgment in favor of a title insurer alleged to have improperly denied coverage for a property condition. 
  • Representing insurers in the asbestos federal class action Georgine v. Amchem Productsand collateral litigation for more than 10 years. 
  • Representing many of the largest domestic annuity issuers in litigation across the country in trial court and appellate proceedings involving the opposition to attempted transfers of structured settlement payment rights.
  • Representing a ceding company in litigation in the District of New Jersey and the Third Circuit on a reinsurance treaty wording dispute. 
  • Representing a leading insurer in coverage litigation with a quasi-governmental entity in the Eastern District of New York involving more than $130 million in environmental and bodily injury liabilities. 
  • Representing an insurer in litigation with the world’s largest agricultural chemical producer in connection with a $105 million settlement related to alleged water contamination from its herbicide.
  • Representing an insurer in litigation with a Fortune 100 manufacturing company seeking coverage for asbestos liabilities
  • Obtaining summary judgment for an insurer in an additional insured dispute, affirmed by the New Jersey Appellate Division. 
  • Serving as lead counsel to a specialty insurer in liability transfer agreement litigation addressing environmental remediation in excess of $20 million.
  • Obtaining the dismissal, in favor of arbitration, of an order to show cause against a home warranty insurer
  • Representing a domestic insurer in federal court regarding the scope of liability coverage for claims in 38 states against a national trucking company.
  • Representing a surplus lines broker in an arbitration brought by an insurer seeking contribution for the insurer’s settlement of a bad faith claim under a vacant building policy. 
  • Regularly counseling insurers on claims arising from construction defects and construction accidents, including requests for additional insured status and contractual indemnification. 
  • Representing several insurers in coverage litigation brought by a Fortune 10 oil company seeking coverage for asbestos bodily injury claims. 
  • Successfully arguing the expected or intended exclusion for workplace intentional tort claims. 
  • Obtaining summary judgment for an auto insurer, affirmed by the New Jersey Appellate Division, recognizing a limitation on the “permissive use” doctrine. 
  • Representing an excess insurer in an environmental coverage trial resulting in a jury verdict for the insurers affirmed by the Pennsylvania Supreme Court. 
  • Advising numerous domestic life insurers with respect to regulations governing cross-border product issuance and sales to foreign nationals. 
  • Representing European insurers in coverage and bad faith claims, resulting in a defense verdict after a two-week jury trial. 
  • Obtaining summary judgment in favor of an insurance broker alleged to have secured improper and insufficient insurance on behalf of its client. 
  • Representing insurers in silicone breast implant, tobacco, latex and vaccine preservative claims. 
  • Representing an insurer and acting as liaison counsel in an $850 Million asbestos dispute in New York. 

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