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Practice Highlights

  • A national reputation, particularly in the area of complex and emerging coverage issues
  • Understanding of coverage nuances and the nuts and bolts of policy interpretation
  • Industry-leading professionals dedicated to clients and the insurance industry as a whole

Practice News

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Events

  • Oklahoma Bar Association Insurance Law Section 
    April 1, 2012
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Publications

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Cases & Deals

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Insurance Coverage and Bad Faith

Insurance companies face major challenges in the ever-changing arena of insurance coverage. Complex coverage issues, significant underlying claims, the involvement of multiple parties and the potential for protracted litigation require claims professionals to turn to lawyers who have a comprehensive understanding of coverage nuances—as well as the “nuts and bolts” of policy interpretation—to secure the most favorable outcome. 

The Insurance Coverage and Bad Faith Group has been servicing the insurance industry for decades and has established a national reputation, particularly in the area of complex and emerging coverage issues. Our group is comprised of  industry-leading professionals with real-world experience that enables us to understand the challenges our clients face in this highly regulated arena. We counsel clients on coverage questions, partner with claim professionals in investigating and handling sensitive claims and represent carriers in prosecuting and defending coverage and bad faith actions in federal and state courts and through other forms of alternative dispute resolution. Among our clients are major property and casualty insurers, and smaller regional insurance companies, for whom we do work on a national or regional basis.

We are in the forefront representing clients in complex and emerging coverage matters involving issues that continue to challenge insurers and which have been hotly contested by policyholders.  These matters include coverage for:

  • asbestos
  • advertising injury
  • antitrust
  • bad faith
  • construction defect
  • drugs and medical devices
  • environmental pollution
  • employment practices
  • ERISA
  • intellectual property
  • mortgage insurance
  • residual value leases
  • personal and product disparagement
  • professional liability
  • public entities
  • TCPA
  • technology and trade secret misappropriation
  • toxic tort
  • transportation liability

Often times, we collaborate with lawyers from our varied practice groups who also advise the insurance industry.

We are not only dedicated to our clients, but to the insurance industry as a whole. Many of our lawyers have held leadership positions in various insurance-related associations, including the Federation of Defense and Corporate Counsel (FDCC), DRI, Professional Liability Underwriting Society (PLUS) and Lawyers for Civil Justice.

In order to help our clients keep pace with the multitude of new and challenging issues that arise, we regularly speak and write on topics of interest to the insurance industry. In 2007, we developed Coverage College®, the firm’s premier educational program for insurance claims professionals and one of the largest programs of its kind in the country. Each year more than 450 professionals from across the country gather for a day-long program which includes master-level educational programs, breakout sessions and networking opportunities. Classes are taught by a “faculty” of over 30 lawyers from White and Williams. We regularly publish “Binding Authority,” an email newsletter that provides summaries and in-depth analysis of just-issued significant insurance coverage decisions. 

Representative Matters

  • Numerous significant jury and bench trials, including but not limited to, multiphase environmental coverage matters involving manufactured gas plants, other plant sites, waste disposal sites/landfills, as well as confirmation hearings in bankruptcy court
  • Successful appeals, including issues of first impression, such as adoption of pro rata allocation under both Massachusetts law and New York; limitation of allocation to portion of policy period “triggered”; no coverage for extension of policy period; dismissal of claims against excess insurers as a result of insured’s “selection” of primary insurers/pro rata allocation under Ohio law; dismissal of claim seeking unaggregated coverage for asbestos-related bodily injury claims
  • Representation of a group of property-casualty insurers who are signatories to the landmark “Wellington Agreement”
  • Limiting attempts by underlying claimants and/or policyholders to pursue direct claims against or get broad declaratory relief from insurers in New Jersey and Pennsylvania 
  • Successful arbitrations enforcing releases under settlement agreements 

Events

  • Oklahoma Bar Association Insurance Law Section 
    Tulsa, OK
    April 1, 2012
  • Privacy, Counterfeit Merchandise and Other Issues in Personal and Advertising Injury Coverage 
    In-house Educational Program
    November 17, 2011
  • Got Green? Being Green, Selling Green 
    PA Bar Association, Business Lawyers Institute
    November 9, 2011
  • Gen Re 2011 Claims Seminar 
    Stamford, CT
    June 2011
  • West Coast Casualty Construction Defect Seminar 
    Anaheim, CA
    May 2011
  • Key Liability Coverage Issues: The National Landscape 
    CPCU Society Webinar
    March 2011
  • New York, New Jersey and Pennsylvania Insurance Coverage Update 
    March 9, 2011
  • Address to CPCU Society, Philadelphia Chapter 
    February 2011
  • Insurance Information Institute, Board of Directors Meeting 
    New York, NY
    January 2011
  • Scope of Coverage for CD Claims - National Overview 
    Litigation Management LTS Construction Defect Training Seminar
    2011
  • Property Casualty Insurers Association of America - Political and Legislative Conference 
    Chicago, IL
    November 2010
  • Why We ♥ New York (and New Jersey): Coverage Issues in the Empire and Garden States 
    White and Williams Coverage College 2010
    September 30, 2010
  • Wall Street & the Mortgage Meltdown: Implications for the Insurance & Reinsurance Industries 
    White and Williams Coverage College 2010
    September 30, 2010
  • Preventing the Great Heist: Understanding Exclusions for Criminal and Bad Acts 
    White and Williams Coverage College
    September 30, 2010
  • Personal and Advertising Injury - New Age, New Claims 
    White and Williams Coverage College
    September 30, 2010
  • Medicare and Medicare Secondary Payer Recovery Contractor: One Year Later 
    White and Williams Coverage College
    September 30, 2010
  • Employee Benefit Liability Endorsements: What You Need to Know 
    White and Williams Coverage College
    September 30, 2010
  • Building on Experience: Location, Location, Location – Recent Developments in Construction Defect Coverage 
    White and Williams Coverage College
    September 30, 2010
  • A Year in the Life of Litigating Long-Tail Claims Coverage 
    White and Williams Coverage College
    September 30, 2010
  • American Legislative Exchange Council Annual Meeting 
    San Diego, CA
    August 2010
  • Going Green: Marketing, Practice and a Need for Testing 
    ACIL-NACLA Mid-Winter Meeting (Washington, D.C.)
    February 2010
  • The New Medicare Act 
    White and Williams Coverage College
    October 2009
  • A Year in the Life of Litigating Long-Tail Claims Coverage 
    White and Williams Coverage College
    October 2009
  • Who Really Pays for Construction Defect Claims: An Update on Additional Insured and Contractual Indemnity Issues 
    White and Williams Coverage College
    October 7, 2009
  • The Subprime Mortgage Meltdown: Will You Be Burned 
    Coverage College 2009
    October 7, 2009
  • The Claim Representative as Sleuth 
    White and Williams Coverage College 2009
    October 7, 2009
  • Settlements, Releases and Liens: Unlocking the Mystery and Avoiding the Traps 
    October 7, 2009
  • Have You “Noticed” a Change In New York Law? 
    White and Williams Coverage College 2009
    October 7, 2009
  • Effective Litigation for Claims Adjusters 
    SRS/Hartford
    June 24, 2009
  • Litigating a Declaratory Judgement Action 
    White and Williams Coverage College
    October 2008
  • What Every Claims Professional Needs to Know About Bankruptcy 
    White and Williams LLP Coverage College
    September 17, 2008
  • Special Issues in Claims Made Coverage 
    September 17, 2008
  • Life, Health, Disability and ERISA 
    White and Williams Coverage College
    September 17, 2008
  • Follow the Settlements: What it Is and What it Isn't 
    White and Williams Coverage College
    September 17, 2008
  • Coverage for Long-Tail Claims: An Update 
    White and Williams Coverage College
    September 17, 2008
  • Class Actions and Insurance Related Issues 
    Coverage College 2008
    September 17, 2008
  • Emerging Advertising Injury Coverage Issues 
    CPCU Society, Annual Meeting (Philadelphia, PA)
    September 2008
  • CPCU Society - Address to the Central Pennsylvania Chapter 
    January 2008
  • White and Williams Coverage College 2007 
    University of Pennsylvania
    September 2007
  • The Life of a Claim: The Underlying Litigation Proceeds 
    White and Williams Coverage College
    September 2007
  • Mediation, Settlement Negotiations, Trial and Appeal 
    White and Williams Coverage College
    September 2007
  • Insurance Coverage for Construction Defects 
    Conference on Construction Defect Litigation, LexisNexis
    Spring 2007
  • Association of Insurance & Financial Analysts 
    New York, NY
    April 2007
  • Brokers and Reinsurance Markets Association - 2007 Committee Rendezvous 
    Naples, FL
    March 2007
  • Intellectual Property Issues for Small Businesses 
    The Enterprise Center (Philadelphia, PA)
    February 2007
  • Top 10 Issues for Practitioners, Co-Chair 
    Mealey's Second Annual Advanced Insurance Coverage Conference (Philadelphia, PA)
    January 2007
  • Reallocation Among Settled and Non-Settled Insurers 
    WestLaw Legal Works, Insurance and Reinsurance Super Bowl
    2007
  • Discovery in Environmental Insurance Coverage Disputes 
    American Conference Institute, Environmental Claims and Litigation
    2007
  • Coverage for Long-Tail Claims: An Update 
    Defense Research Institute, Annual Insurance Coverage and Practice Symposium
    2007
  • Protecting You and Your Trade Secrets 
    Annual Meeting of the American Council of Independent Laboratories (San Antonio, Texas)
    October 2006
  • Nuts and Bolts of Personal and Advertising Injury Coverage Under CGL Policies 
    September 2006
  • Business Interruption and Insurance 
    Association of Continuity Planners
    September 2006
  • Mealey's Fourth Annual Advanced Insurance Coverage Conference: Top 10 Issues 
    Philadelphia, PA
    January 2006
  • Property Casualty Insurance Association of America, Address to General Liability Committee on Indemnification Issues 
    October 2005
  • The Insurance Contract and How to Read It 
    PA Insurance Law Seminar, National Business Institute
    May 2005
  • RIMS Annual Conference and Exhibition 
    Philadelphia, PA
    April 2005
  • Insurance Coverage for Natural Resource Damages Claim 
    American Conference Institute, Environmental Insurance Coverage and Claims
    2005
  • Environmental Claims 
    Practicing Law Institute, Insurance Coverage 2005: Claims Trend and Litigation
  • Coverage for Toxic Tort and Environmental Damage 
    Property Loss Research Bureau/Liability Insurance Research Bureau, Eastern Regional Adjusters Conference
    2005
  • Co-Chair, Mealey's Third Annual Advanced Insurance Coverage Conference: Top 10 Issues for Practitioners 
    Philadelphia, PA
    January 2005
  • ISO Loss Control Executive Forum 
    New Orleans, LA
    November 2004
  • Corporate Relationships, Successor Liability and Insurance Coverage 
    Philadelphia, PA
    June 2004
  • Back to Basics in the Reinsurance Industry 
    CPCU Society (Philadelphia, PA)
    May 2004
  • RIMS Annual Conference and Exhibition 
    San Diego, CA
    April 2004
  • Malpractice Avoidance Seminar 
    Philadelphia, Pa
    February 2004
  • Case Management and Discovery Strategy 
    Practicing Law Institute, Insurance Coverage 2004 - Claim/Trends Litigation
  • Construction Defect Claims and Liability Coverage 
    Philadelphia, PA
    October 2003
  • A Non-Geeks Guide to Insurance Coverage in Cyberspace 
    IRU, Inc. (Intermediaries & Reinsurance Underwriters Association) Fall Conference (Chesapeake Bay, MD)
    September 2003
  • Management Conference - National Association of Mutual Insurance Companies 
    Ontario, Canada
    June 2003
  • Liability Coverage Construction Defect Claims 
    Philadelphia, PA
    February 2003
  • Strategy and Case Management Issues 
    Practicing Law Institute, Insurance Coverage Claim Trends and Litigation
    2003
  • Co-Chair, Mealey's Advanced Insurance Coverage Conference: Top 10 Issues for Practitioners 
    Philadelphia, PA
    January 2003
  • AIG Domestic Brokerage Group Advisory Board Annual Meeting 
    New York, NY
    January 2003
  • Mid-Year Meeting, National Association of Public Insurance Adjusters 
    New Orleans, LA
    December 2002
  • State Farm Legislative Conference 
    St. Louis, MO
    November 2002
  • National Association of Independent Insurers 
    Des Plaines, IL
    October 2002
  • CPCU Society National Meeting 
    Orlando, FL
    October 2002
  • Bad Faith Issues: Defenses in the United States and Around the World 
    Federation of Defense and Corporate Counsel Annual Meeting (Sun Valley, ID)
    2002
  • Midwest Claim Conference, Chicago Claim Association 
    Itasca, IL
    May 2002
  • September 11 - The Insurance and Reinsurance Aftermath 
    CPCU Society (Philadelphia, PA)
    March 2002
  • Insurance Technology Symposium, Strategic Research Institute 
    Scottsdale, AZ
    February 2002
  • Corporate Relationships, Successor Liability and Insurance Coverage 
    Environmental Claims Managers Association Seminar (San Antonio, TX)
    Spring 2001
  • A Non-Geek’s Guide to Insurance Coverage in Cyberspace: Intellectual Property 
    Property Loss Research Bureau (Atlanta, GA)
    March 13, 2001
  • Corporate Relationships, Successor Liability and Insurance Coverage 
    Environmental Claims Managers Spring Seminar (San Antonio, TX)
    March 2001
  • Coverage Issues Under Educator’s Legal Liability Insurance 
    Philadelphia, PA
    January 2001
  • Allocation for the New Millennium 
    American Conference Institute, Coverage Issues in Complex Insurance Claims
    2001
  • A Non-Geek’s Guide to Insurance Coverage in Cyberspace: Insurance Coverage for Internet and E-Commerce Claims Under a General Liability Policy 
    Legal Risks in E‑Business and Technology Seminar (Washington, D.C.)
    November 16, 2000
  • Oops - Was that Bad Faith? 
    Federation of Insurance and Corporate Counsel Annual Meeting (Napa Valley, CA)
    July 28, 2000
  • Corporate Relationships, Successor Liability and Insurance Coverage 
    Defense Research Institute (Washington, D.C.)
    June 30, 2000
  • Corporate Relationships, Successor Liability and Insurance Coverage 
    DRI - Reinsurance Seminar ( Washington, DC)
    June 2000
  • Slicing Up the Pie: Allocation of Losses and Defense Costs 
    American Conference Institute on Complex Insurance Coverage Claims
    January 1, 2000
  • AAIS Annual Conference 
    Monterey, CA

Publications