Our lawyers represent insurance companies and insurance brokers, policyholders, claims adjustors and administrators, and reinsurers on a variety of insurance and non-insurance issues.
Our experience in representing insurance industry clients includes providing a multitude of services. Kleinbard attorneys litigate commercial insurance coverage disputes in federal and state courts and arbitration venues throughout the United States. Our insurance coverage experience includes general liability, property, directors and officers, environmental, fidelity, and professional liability claims. We handle the defense of bad faith claims, disputes involving insurance brokers and agents (including contract disputes and errors and omissions claims), and litigation and counseling involving restrictive covenants and employment issues for insurance brokerage firms. Our business attorneys assist insurance industry clients with mergers and acquisitions of public adjustment companies; acquisitions of commercial insurance brokerage firms; debt and equity financings for commercial insurance brokerage firms; and the structuring of executive compensation arrangements. We also offer employment counseling and advice; risk management and errors and omissions counseling; and cyber-risk assessments, in addition to governmental relations and real estate services.
Our insurance industry representations have included:
- Since 2001, Kleinbard has represented the statutory liquidator of major Pennsylvania insurer, Reliance Insurance Company, in the largest property and casualty insolvency ever in the United States. Kleinbard’s work has included nearly three dozen matters involving claims valuation disputes, coverage determinations, and application of relevant Pennsylvania law (including Liquidation priorities) to particular claims. Kleinbard has also represented the Liquidator in coverage litigation where necessary, before referees and in the Commonwealth Court and Supreme Court. Kleinbard recently successfully represented the Liquidator in protracted litigation in the Commonwealth Court in support of Reliance’s claims bar date application. Kleinbard obtained the bar date sought by the Liquidator over the objections of multiple claimants. Kleinbard continues to represent the Liquidator in resolving claims filed in accordance with the bar date order.
- Successfully representing at trial and on appeal a property insurer in a bad faith claim brought by a senior living facility policyholder.
- Handling a coverage dispute involving the construction of the Miami Heat’s basketball arena.
- Representing the Pennsylvania Department of Transportation in an environmental coverage dispute relating to the construction of an interstate highway.
- Successfully representing a major insurer from trial through the Pennsylvania Supreme Court in a dispute among insurers that established an important precedent in the interpretation of claims-made policies.
- Representing insurance brokers in defeating a claim for preliminary injunction brought by a large, publicly-held brokerage firm seeking enforcement of restrictive covenants.
- Representing a group of prominent commercial insurance brokers in a leveraged buyout of the Pennsylvania division of a regional commercial brokerage firm, and managing the related equity, mezzanine, and debt financing.
- Crafting a succession plan to transfer ownership from the second to third generation of the largest local public adjustment company.
- Representing an insurance service provider in the litigation of a partnership dispute arising from a change of ownership.