Insurance & Reinsurance Litigation

Foley’s Insurance & Reinsurance Litigation attorneys use a multidisciplinary approach to provide comprehensive counseling, litigation, and dispute resolution services to the insurance industry.
Members of our Insurance & Reinsurance Litigation Practice regularly advise companies on questions of contract interpretation and coverage, and represent insurers and reinsurers in actions involving coverage, alleged breaches of contract, negligent claims handling, misrepresentation, bad faith, and fraud. We also are frequently called upon to defend our clients’ policyholders against a wide variety of claims, including labor and employment, securities fraud, breach of fiduciary duty, directors and officers liability, allegations of professional negligence, and product liability.
Our goal is to listen carefully to you so that we understand the business concerns and objectives underlying each individual dispute. Armed with that knowledge, we can develop a plan of action tailored to achieve each of your specific goals. In some instances, that may involve developing creative negotiation strategies or business solutions; in others, it may involve aggressive litigation. Throughout the process, we communicate continuously with — and are guided by — you and work tirelessly on your behalf.

Below we outline the services we offer to our clients.

Representative Matters

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Represented a prominent national property & casualty (P&C) carrier in litigation in the Supreme Court of the State of New York against its facultative reinsurer. Our client entered into a $15 million settlement with its policyholder to settle its asbestos liabilities under a series of policies issued in the late 1970s and early 1980s. When our client sought to recover a portion of the settlement from its facultative reinsurer, the reinsurer denied based on unusual late notice provisions and an assertion that the allocation of the settlement was "manifestly unreasonable." Following cross motions for summary judgment, in April 2011, Judge Lowe of the Supreme Court of New York County granted our client summary judgment on all claims. The victory was significant in that reinsurers often can defeat summary judgment on the basis of factual issues relating to the reasonableness of the allocation presented to the reinsurer. The judgment in the case (entered in June 2011) included a substantial recovery of pre-judgment interest.
Represented a reinsurer in a confidential arbitration relating to a disputed billing from a ceding company. The matter involved the ceding company’s attempt to recover for workers' compensation carve out losses. The panel found for our client on all issues and denied relief to the ceding company.
Represented a leading U.S. property and casualty insurer in a reinsurance arbitration involving asbestos non-products claims. The claims were ceded under successive excess of loss treaties after our client settled long-running coverage disputes with its policyholder. The arbitration focused on disputes over the manner in which the ceded claims were allocated and coverage for litigation expenses.

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