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Insurance Industry

The insurance industry is constantly adapting to address fluctuations in risks and to take advantage of new opportunities caused by changing markets, shifting economic policies, climate change and other natural occurrences, geopolitical conditions, and emerging technologies. Insurers, in turn, must adapt and evolve. White and Williams’ insurance industry team helps insurers capitalize on legal and business opportunities to navigate these challenges and understand how they impact their business in the short term and the long term.

Our attorneys work collaboratively across diverse practice groups to advise insurers and provide well-rounded, business-sensitive advice about virtually every facet of the business of insurance. Clients rely on the White and Williams insurance team for advice regarding the evaluation and litigation of the most sophisticated complex coverage disputes arising out of primary and excess general and professional liability insurance, financial lines insurance, cyber insurance, employer liability insurance, life and health insurance, commercial property insurance, reinsurance and subrogation matters. 

Additionally, our attorneys advise insurers with respect to general commercial disputes, the negotiation and drafting of commercial contracts, vendor and outsourcing arrangements, strategic alliances, joint ventures, acquisitions, investments, real estate and labor and employment needs. The insurance industry team also has dedicated attorneys who can advise insurers regarding their intellectual property needs as they develop new and proprietary claim and risk management tools and products to meet the most current insurance industry needs. 

White and Williams’ deep and varied resources for servicing insurers’ business and legal needs, coupled with its many decades of insurance industry experience, provide insurers with unmatched insight to meet both today’s business and legal challenges as well as tomorrow’s growth opportunities.

COMMERCIAL LITIGATION/RESTRICTIVE COVENANT CASES

Insurance is a competitive industry, and our clients regularly hire us to prosecute and defend restrictive covenant and trade secret matters to protect their valuable relationships and intellectual property. Our attorneys have a deep knowledge of the law pertaining to non-compete agreements, customer and employee non-solicitation clauses, and confidentiality and nondisclosure agreements. We leverage our experience and knowledge of the law to develop the facts to obtain the best results for our clients. Our team is ready on a moment’s notice to spring into action to obtain temporary restraining orders and preliminary injunctions or to defend injunction motions filed by your competitors. We are also adept at mediating and settling restrictive covenant cases and collaborate with our partners across practice groups to obtain the best possible negotiated resolution.

FRAUD INVESTIGATION AND PROSECUTION

Fraud is widely prevalent across the insurance industry, and can cost insurers millions of dollars per year. White and Williams’ attorneys work closely with their insurer clients to investigate and combat insurance fraud, to recover moneys lost, and to formulate strategies designed to mitigate future risk. Whether on our own or in close collaboration with an insurer’s in-house team of fraud investigators, our attorneys dig deep to identify and unravel complex instances of fraud, and formulate effective and aggressive strategies for pursuing wrong-doers through affirmative litigation.

BANKRUPTCY AND REORGANIZATION

White and Williams lawyers can expertly assist insurers in navigating safely through the sometimes treacherous intersections between insurance law and bankruptcy law. More and more insureds are using Chapter 11 as a means of resolving environmental, toxic tort, product defect and sexual abuse claims. Bankruptcy can have a significant impact on how claims are defended and settled, and on where and how coverage issues are litigated. Our bankruptcy, insurance coverage, and defense groups work together to protect the rights of insurers in the bankruptcy process and to resolve coverage issues fairly and efficiently, whether through bankruptcy litigation, plan negotiations or complex mediations.

HEALTHCARE

Our multidisciplinary team of healthcare experts help health insurers and providers alike navigate the ever-changing and increasingly complex world of health care payments and delivery. We represent insurers, employers, brokers, re-insurers, third-party administrators, self-insureds, ERISA plans and related entities in a wide array of matters. Our lawyers have a wealth of experience and broad knowledge from years of handling complex and unique issues under both individual and group plans. We also conduct audits for health insurance providers to assess policies/procedures, ensure compliance with contracts and stated policies/procedures, evaluate claims handling, and monitor/assess for proper reserves and risk management.

LITIGATION

White and Williams delivers premier liability defense for liability insurers and their insured. Our multidisciplinary team of subject matter experts handle all manner of liability claims including catastrophic personal injury and property loss as well as employment and complex corporate liability claims. We counsel insurers on claims handling processes and defend insurers against allegations of bad faith. Our appellate lawyers have had tremendous success overturning adverse or otherwise excessive verdicts against insurers and their insured alike.

APPEALS

Insurers are often faced with matters surrounding the potential for appeals from trial court and the appellate process. The firm’s Appellate Practice Group not only prepares creative and effective appellate papers and arguments, but also provides assistance to our insurance industry clients with the development of litigation strategy, preparation of dispositive motions, monitoring of trial and preparation of post-trial motions to effectively address issues impacting insurers and their insureds through the litigation process. The Appellate Practice Group is called upon to collaborate with most, if not all, of the other practice groups at White and Williams throughout the entire litigation process.

SUBROGATION

White and Williams LLP has one of the oldest subrogation practices in the country practicing in all 50 states. The department offers an aggressive early intervention program utilizing a vast network of screened experts and consultants covering a wide variety of subrogation related disciplines. The Subrogation department handles high profile commercial property, inland marine, cargo, fidelity, food recall, maritime, worker’s compensation, small water, and cyber losses.

CONSTRUCTION AND SURETY

The attorneys in our Construction and Surety Practices Group have years of experience successfully defending insurers and their insureds in construction defect litigation, including having served as national oversight counsel for insurance company clients for certain types of construction defect cases. We have tried cases throughout the country on behalf of insureds involved with construction-site accidents that have resulted in major property loss and serious personal injuries. Our Surety team regularly represents insurance/surety clients in regard to all aspects of suretyship, including drafting and enforcing indemnity agreements and equitable subrogation rights, managing defaults and takeover situations, and defending payment and performance bond claims and bad faith claims asserted against sureties.

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