Insurance Coverage Counseling & Litigation

Foley’s Insurance & Reinsurance Litigation attorneys provide comprehensive coverage counseling and litigation services for clients in the insurance industry.
We serve as coverage counsel for insurers like you in negotiations and litigation concerning disputes and coverage issues, and frequently act as coordinating counsel for national insurance programs, monitoring underlying litigation and representing you in associated proceedings. 

We also have significant experience with professional liability and executive risk insurance products, including D&O, E&O, employment practices liability, and fiduciary liability covers. This experience includes representing insurers and reinsurers in coverage disputes, providing advice on issues related to contract drafting, developing coverage opinions, counseling you on the adequacy of your reserves for significant claims, and assisting with the analysis and management of problematic market-wide losses.

Representative Matters

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Serve as national coordinating coverage counsel for Assurant Health, a premier provider of specialized insurance products and related services. Foley's role includes advising Assurant Health on litigation matters involving coverage, disputes with brokers and agents, putative class actions and general commercial disputes involving the company.
Assisted numerous commercial clients in understanding and securing coverage/settlements short of litigation under Directors & Officers Liability, Employment Practices Liability, Fiduciary Liability, Media Liability, Miscellaneous Professional Liability and General Liability insurance policies.
Represented Time Insurance Company in a lawsuit pending in federal court in Mississippi. The plaintiff alleged that Time improperly applied an outpatient benefit limit on certain chemotherapy treatments. The plaintiff sought more than $20 million in damages on claims for breach of contract, fraud, and bad faith. The plaintiff also asserted that the insurance contract relied upon by Time was a forgery and, in the alternative, that the benefit limitation was ambiguous. We won the case for Time on summary judgment. The plaintiff then took an appeal to the Fifth Circuit Court of Appeals. In a per curiam opinion, the Court of Appeals affirmed the grant of summary of summary judgment.