Insurance Coverage Litigation & Counseling
Trusted Counsel Across the Coverage Spectrum
Hinshaw was built to serve insurers and has been representing and has been at the forefront of providing legal services to insurers for nearly a century. Hinshaw is one of the nation’s leading law firms representing domestic and international insurers in the full range of coverage litigation and disputes. Providing world-class representation and counsel to insurers in insurance coverage disputes and litigation is a core mission at Hinshaw.
Hinshaw regularly serves as national and regional counsel and acts as trial and appellate counsel in declaratory judgment actions, declaratory judgment actions, and actions involving defense, indemnity, reimbursement, rescission, reformation, and extracontractual liability. We represent insurers in state and federal class actions. We are also experienced in disputes involving policyholder bankruptcies and insurer insolvencies. Our team coordinates parallel tort actions, MDLs, and appeals to protect coverage positions and drive efficient resolutions. We are called on to resolve inter-insurer disputes.
We provide clients with value-added extras, including training on claims, coverage, underwriting, and loss control matters. We author publications, broadcast podcasts, and regularly provide salient information and white papers about legal, litigation, and claims developments to allow our clients to avoid and limit exposures prior to policyholders’ presentation of claims and institution of coverage litigation.
An All-Star Team Of Experienced & Dedicated Insurance Lawyers
Insurance is a critical engine of economic and technological growth and an essential source of financial security, stability, and strength. This $4 trillion dollar industry—as measured by premiums—confronts business, regulatory, litigation, and claim challenges and opportunities on a daily basis. Insurers require and deserve sophisticated, cutting-edge, creative counsel who deliver timely, cogent advice, vigorous representation, practical solutions, and outstanding results. Whether focusing on a particular claim, cession, or matter or considering their larger portfolio interests. . .whether in the claims or cessions stage, in coverage litigation in trial courts across the country, on appeal before an intermediate appellate court or court of last resort, or in negotiations, mediations, or arbitrations...whether dealing with policyholders, government regulators, consumers, or other insurers or reinsurers...time and time again leading domestic and international insurers call upon Hinshaw to protect their interests. Claims professions, underwriters, executives, general counsel and in-house counsel, and members of insurer C-Suites turn to our team as their counsel of choice.
Led by nationally recognized insurance law and litigation thought leaders and practitioners, Hinshaw has been involved in many of the most significant insurance coverage issues and cases confronting insurers and have pioneered creative solutions to coverage disputes.
We are known for delivering outstanding results and establishing favorable precedent for insurers. We have an experienced, diverse, creative team of insurance lawyers and professionals second to none. Our knowledge of the business of insurance, including underwriting and claims handling—coupled with our deep grasp of insurance law and litigation—enables Hinshaw to provide championship advice and representation to our clients. Our lawyers are passionate about insurance and provide forward looking advice to our clients based on our knowledge of trends, developments, and the universe of risks. We are known for promptly communicating with our clients about the matters we are handling, developments that impact their businesses, and their present and future legal needs to ensure that we remain on the cutting edge of the law and insurance.
The preeminence of our group is exemplified further by the many honors, distinctions, and recognitions received by our lawyers. For example, members of our team are: ranked by Chambers USA; listed in Best Lawyers in America; are fellows of the American College of Coverage and Extracontractual Counsel, Litigation Counsel of America, and American Bar Foundation; and are listed in Who’s Who Legal Insurance and Reinsurance and Euromoney Legal Media Group, Expert Guides: "World's Leading Insurance and Reinsurance Lawyers,” and have earned AV Preeminent® ratings from Martindale-Hubbell.
Many Hinshaw lawyers have been selected by peers and clients for inclusion in Leading Lawyers, Client Choice, Super Lawyers and Rising Stars, and have received numerous other awards and recognitions.
Our legal professionals’ commitment to insurance law does not start or stop when on the client matters. To our lawyers, insurance law is a passion. Our lawyers author and contribute to leading treatises, handbooks, chapters, articles, and white papers on a wide range of insurance, reinsurance, and litigation topics. Our lawyers are members of, and hold leadership positions in, leading organizations such as: the Defense Research Institute (DRI); the American Bar Association (ABA) (Sections on Litigation and Tort Trial & Insurance Practice); ARIAS US; the Claims & Litigation Management Alliance (CLM); numerous state and local bar associations; Chartered Property & Casualty Underwriters (CPCU); the International Association of Defense Counsel; the Professional Liability Underwriting Society (PLUS); and many others.
Hinshaw lawyers chair, teach and develop seminars, courses, and conferences on insurance, reinsurance, extracontractual liability, litigation practice, claims management and the business of insurance. We publish our own books, host seminars, and broadcast webcasts as value adds for our insurer clients.
Areas of Focus
Hinshaw lawyers advice and represent insurance with respect to aviation, aerospace, commercial auto, marine, transportation, and energy claims under various policy types involving a wide-range of claims.
Hinshaw provides carriers with robust defense of statutory and common‑law bad faith, unfair claims practices, punitive exposure, and time‑limited demand disputes. We help carriers build defensible claim files, manage consent/assignment risks, and navigate examinations and market‑conduct inquiries. When litigation is unavoidable, we pair trial strength with reputational risk management.
Implementation of programs that reduce loss severity and variability: early case assessment protocols, phased discovery, settlement frameworks, and ADR (mediation, appraisal, arbitration). We prepare nuclear‑verdict mitigation plans, develop jury strategies, and train claims teams on documenting reasonableness, proportionality, and timing to withstand later scrutiny.
Hinshaw lawyers represent insurers as lead, regional, and national coordinating counsel as well as trial and appellate counsel in many of the largest and most complex general liability and long tail claims throughout the country, including environmental, mass tort, asbestos, opioids, lead paint, talc, silica, mold, water intrusion, hearing loss, PFAS, products, product recall, sexual abuse and misconduct, riot, hazing, biometric privacy, firearms, concussion, and many other claims and causative agents.
Our lawyers have successfully litigated – and actually authored the book on – many of the issues driving contemporary coverage claims and litigation. For example, we have critical experience with and a keen understanding under the laws of 50 states with respect to: the duty to defend; the right to defend; the right to associate in the defense of claims and suits; the duty to indemnify and the distinction between “pay on behalf of” and indemnity only policies; selection, payment, and management of panel counsel and independent counsel; trigger of coverage; claims-made issues (including what constitutes a claim, claim reporting requirements, applicable retroactive dates, number of claims, and related claims issues); and occurrence-based issues (including whether or not there is an occurrence and number of occurrences); allocation and apportionment of losses (including the various pro rata and the “all sums” approaches), priority of coverage; allocation to policyholders and the impact of insurance “unavailability;” reallocation through “other insurance” clauses and contribution claims; impact of insurer settlements; treatment of policy extensions, multi-year policies, and stub periods; retentions and deductible issues; impact of policyholder bankruptcies and insurer insolvencies on the rights and defenses of insurers; coordination of coverage among various lines of coverage; cost characterization; defense cost coverage; impairment and exhaustion methods (including vertical, horizontal, functional); identification and application of proper limits of liability and sub-limits; targeted tender; mixed claims; non-compliance with policy conditions (including notice provisions and cooperation requirements); application of the full range and various iterations of exclusions such as owned property, your work, your product, pollution various forms of pollution exclusion (including sudden and accidental, absolute, total, time element), nuclear, war; terrorism, PFAS, mold, asbestos; employers liability, silica, dust, and many other exclusions; policy terms and definition; applicable rules of contract construction and interpretation; applicable choice of law rules; choice of law; issues relevant to forum battles; knowledge-based defenses (including expected/intended damages, loss-in-progress, known loss, intentional acts); non-disclosure, fraud, and rescission issues; policy reformation; impact of prior settlements and dismissal orders, res judicata, and collateral estoppel; medical monitoring; non-covered damages and other forms of relief; and the full panoply of issues under the laws of the various states.
We have extensive experience in employing settlement, coverage, and litigation strategies to protect the portfolio interests and to produce favorable results for our insurer clients. Ultimately, Hinshaw’s capabilities and preparedness to proceed to arbitration or trial drives cost effective results at all phases.
Resources
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Duty to Defend: A Fifty-State Survey: Second Edition. This work—which is Volume III of Hinshaw's On The Law Series—examines issues of significance to insurance claims professionals and lawyers making decisions about properly responding to complaints tendered for a defense under the laws of each of the fifty states. The survey is presented in question-and-answer format and addresses eleven key issues commonly presented in connection with the duty to defend. |
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50 State Survey: Requirements to Communicate with Insureds for Property and Casualty Claims: Volume VI of Hinshaw's On The Law series provides a general overview of the statutes and regulations that apply in each state to first-party and third-party claims, as they relate to the specific timing of (1) an insurer’s initial response to a notice of claim and to other communications from an insured; and (2) provision of a coverage position or reservation of rights to the insured. |
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50 State Survey: Workers' Compensation Law Exclusivity, Exceptions, Third Party Action Over Claims & COVID-19 Developments: Volume V of Hinshaw's On The Law series addresses the exclusive remedy provision of the Workers' Compensation laws of each state, exceptions to exclusivity, and circumstances in which a third party may assert an Action Over Claim. It also provides a summary of enacted and proposed COVID-19-related amendments to each state's Workers' Compensation law. |
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Insurance Coverage & Reinsurance Primer On Coronavirus (COVID-19) Claims: Volume IV of Hinshaw's On The Law series addresses the unprecedented challenges presented by the novel coronavirus, COVID-19. As the pandemic continues to spread, insurers are being inundated with COVID-19-related claims. To help insurers navigate these challenges, Hinshaw has prepared this primer which provides an overview of some of the lines of coverage that will likely be impacted. |
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50 State Primer On Medicaid Recovery Laws: Volume II of Hinshaw's On The Law series provides an overview of the Medicaid Recovery laws of the 50 states. Now available in a Third Edition! |
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A Primer on Reinsurance Law & Principles: Volume I of Hinshaw's On The Law series provides an overview of bedrock reinsurance principles and highlights some of the issues presented in contemporary reinsurance disputes. It is designed to be a desk reference for insurance and reinsurance professionals. |
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Allocation of Losses in Complex Insurance Coverage Claims, 10th Edition addresses some of the most important and challenging issues confronting insurance and reinsurance practitioners and professionals today. This marks the nineteenth consecutive year that this authoritative work has been updated. It offers comprehensive treatment of many of the issues driving contemporary insurance claims and coverage litigation, as well as reinsurance cessions and arbitrations. This edition of the treatise is now available as an e-book in addition to the traditional hard copy book. |
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Five-volume work combines analyses of insurance compliance requirements, insurance coverage substantive law and practical guidance for the practice of all aspects of insurance law in California. |
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The globalization of the world economy has added complexity to and impacted all stages of the insurance industry. Reinsurance Professional's Deskbook brings clarity to the historical concepts of reinsurance and provides a practical assessment and application of these concepts within the context of this current insurance market. |
Defect, delay, water intrusion, collapse, and property damage during construction. We handle wrap‑up (OCIP/CCIP) coverage, additional insured and risk‑transfer disputes, priority/exhaustion across layers, and anti‑subrogation issues. Our approach streamlines multi‑party claims with technical expert coordination and jurisdiction‑specific strategy.
Hinshaw is experienced in representing insurers in Coverage B and intellectual property coverage matters and disputes including false imprisonment, slander, defamation, advertising, publishing, and other Coverage B claims as well as in the context of cybersecurity and privacy claims. We have experience in addressing each of the enumerated “offense,” scope of the right to privacy, the publication requirement and the full panoply of coverage issues and defenses for these claims.
Hinshaw assists insurers with respect to cross-border claims and international coverage disputes. Hinshaw formed a strategic alliance with the law firm of Reynolds Porter Chamberlain LLP (RPC) with offices in the United Kingdom, Hong Kong, and Singapore. The Hinshaw & RPC Alliance offers insurers direct access to leading lawyers on both sides of the Atlantic who understand the regulatory environments, industry dynamics, and litigation trends shaping today’s global insurance marketplace. It provides insurers with the advantage of focused sector knowledge, cross-jurisdictional teamwork, and aligned client service — without the red tape and costs associated with international firms.
Hinshaw is a founding member of Global Access Lawyers, an international network of leading insurance law firms united by a shared commitment to excellence, efficiency, and industry focus. Through this alliance, clients gain on-the-ground access to top-tier insurance counsel in key jurisdictions, coordinated through trusted relationships and consistent service standards. Global Access Lawyers gives insurers the power to respond to cross-border challenges with speed, confidence, and clarity. Powered by a shared commitment to the insurance sector, this alliance helps clients navigate complexity, reduce risk, and drive results world-wide.
Global Access Lawyers firms include Hinshaw & Culbertson, LLP – USA; Reynolds Porter Chamberlain LLP – United Kingdom, London, Hong Kong, and Singapore; HMN & Partners – France; Kennedy Van der Laan – Netherlands; Miller Thomson – Canada; Colin Biggers & Paisley – Australia; and Lydian – Belgum.
Through its participation in these networks Hinshaw assists insurers with their global and cross-border coverage and claims opportunities and challenges. Learn more about Global Access Lawyer.
Hinshaw provides a gateway to Latin America for insurers. With a strategic presence in Florida and decades of experience working with Latin American clients, Hinshaw is uniquely positioned to serve insurers doing business across the Americas. Our multi-lingual team is available to assist insurers with their cross-border claims involving Latin America. With our leading insurance practice and deep experience in the Latin American market, we represent insurers and reinsurers in coverage, regulatory, and transactional matters across key lines, including marine, aviation, trade credit, directors’ and officers’ liability, and more.
We represent insurers and their policyholders in managing cyber and privacy-related risks and in addressing security and privacy breaches. In addition to coverage and response after the fact, we proactively assist clients in planning for and reducing the risk of privacy and cyber security incidents. Our attorneys work with clients to identify and anticipate risks and obligations, design and implement customized plans, policies, and best practices and to create and implement data incident response procedures. We also work hand in hand with clients to assess and establish safeguards around the use of data. Our cyber insurance, regulatory, and response teams are comprised of knowledgeable attorneys experienced in the constellation of attendant exposures to cyber, AI, and privacy risks, including professional liability and risk management, litigation, and class action defense. We draw upon our world class team of legal professionals – and vendors – to respond to the particular insurer or policyholder and the matter at issue. Cyber insurance coverage and monitoring for insurers. Hinshaw is one of the leading firms representing insurers in evaluating, litigating, and resolving insurance coverage disputes. Our expertise extends to the full range of coverages, including so-called silent coverage under traditional third-party, first-party (including business interruption), and crime/fraud policies as well as under cyber, data, privacy, and media specific coverages. Our extensive experience and wide range of services to insurers with respect to cyber insurance and reinsurance extend to: evaluation and resolution of claims under cyber policies, informed by deep understanding of cyber policy wordings and cyber/privacy laws and regulations; evaluation and resolution of cyber, technology, and privacy-related claims under traditional insurance policies, including property, general liability, crime, and employment practices policies as well as the various forms of cyber coverages; assistance with drafting policy language and product development; representing insurers in coverage, bad faith, and market conduct litigation before trial courts, appellate courts, and arbitration panels across the country; serving as monitoring counsel under cyber and traditional policies; evaluation of claims under facultative and treaty reinsurance contracts and representation in reinsurance arbitration and litigation; coverage B, media, and specialty coverage litigation and matters. Hinshaw defends insurers and their policyholders in various types of litigation. We have successfully litigated and resolved hundreds of consumer law cases and numerous multi-district national class actions concerning a variety of high stakes privacy exposures including the Illinois Biometric Privacy Act (BIPA) and the Telephone Consumer Protection Act (TCPA), as well as the Fair Debt Collection Practices Act (FDCPA), the Illinois Collection Agency Act (ICAA), Children’s Internet Protection Act (CIPA), Unfair, Deceptive or Abusive Acts or Practices (UDAAP), and other consumer finance laws. Insurers regularly call upon Hinshaw to defend their policyholders in cyber and privacy litigation. Hinshaw also provides incident response services to companies. Our incident response services include: coordinating initial incident assessments, the securing of networks, and evidence preservation; negotiating with threat actors on behalf of companies in accordance with applicable laws, coordinating necessary security, forensic, and incident response vendors, call centers, and forensic teams, counseling on ethical issues related to data incidents and data breaches, evaluating state specific reporting and other legal obligations, assistance and counseling on public relations and crisis management efforts, drafting notifications to compromised individuals and government regulators, counseling on remediation strategies, defending, advising, and responding to litigation. and to government investigations and inquiries, advising companies on use, controls, challenges, opportunities, and management of cybersecurity and artificial intelligence.
We represent and counsel insurers with respect to D&O cases and claims under Side A, B, and C and specialty coverages for securities, shareholder, and corporate governance claims, creditor recovery claims, indemnity disputes, and regulatory investigations among other claims (including those involving ESG/sustainability, special purpose acquisition companies, greenwashing, A-I washing, pandemic-related claims), restitution, cyber and social engineering, Foreign Corrupt Practices Act, fraudulent transfer, and breach of fiduciary duty. Our experience extends to large cross-border matters. We have advised and litigated a broad range of issues including claims, claims-made, and reporting requirements, single versus multiple claims, related claims, limits, retentions, payment and allocation of expenses and loss, application of policy terms, conditions, and exclusions (including insured versus insured, bump-up, intentional acts, and fraud and criminal acts), and issues presented by bankruptcies including relief from and impact of automatic stays.
Hinshaw counsels and represents insurers with respect to fidelity, crime, fraud, and financial institution claims under various forms of insurance policies and bonds, including employee dishonesty, computer fraud, professional liability, and cyber coverages and fidelity and financial institution bonds.
Hinshaw attorneys have experience in representing insurers in employment practices claims involving alleged discrimination, harassment, retaliation, wrongful termination, wage and hours class actions, collective bargaining disputes, and working conditions) under various policies including general liability, professional liability, directors’ and officers’ liability policy, and other coverages. We also represent insurers with respect to claims under workers compensation and employer liability policies.
Over the past 20 plus years, American taxpayers have spent more than $21 billion in clean-up and oversight costs for Superfund sites. There are more than 1,300 open Superfund sites. Approximately 21 million people (6% of U.S. population) live within 1 mile of a Superfund site and approximately 73 million people (22% of U.S. population) live within 3 miles of a Superfund site. Over $ billion from the Infrastructure Law was directed for use in remediating 49 Superfund sites. Accordingly, traditional environmental claims continue to present major exposures to insurers.
Added to these claims are a host of contemporary environmental-related coverage claims, including ESG/sustainability-related claims, climate-change related claims, fracking claims, PFAS or forever claims, and toxic tort claims of various types. Many predict that PFAS liabilities for insurers may rival asbestos exposures. The plaintiffs’ bar continues its efforts to expand the “public nuisance” theory as a super tort.
Our lawyers have represented insurers in traditional and contemporary coverage matters arising out of the largest and most complex environmental claims across the country, including those involving the clean-up of the Hudson River and the Passaic River. We have resolved coverage disputes involving Fortune 100 companies and companies and claims of every size, location, and type including owned sites and third-party disposal sites. We have represented insurers in coverage claims arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Natural Resource Damages Act (NRD), Resource Conservation and Recovery Act (RCRA), the Oil Pollution Act (OPA), the Clean Air Act (CAA), the Clean Water Act (CWA), the Endangered Species Act (ESA), the Wildlife Protection Statute, the Fish and Wildlife Conservation Act the National Environmental Policy Act (NEPA), the Freedom of Information Act (FOIA), and under various other federal and state statutes and regulations and common law theories including strict liability, negligence, public and private nuisance, trespass, and more. Our experience extends to the various potentially applicable policy types including first party policies, third-party policies (including primary, umbrella, excess general liability policies), professional liability policies, directors’ and officers’ liability policies, specialty policies including environmental impairment liability policies, cost cap policies, property transfer liability insurance, political risk and other insurance policies, and facultative and treaty reinsurance contracts. Our experience extends to the full range of coverage issues, including those outlined above.
Hinshaw represents insurers in evaluating, litigating, and resolving disputes regarding fee awards, Brandt fees, Cumis or independent counsel fees and disputes regarding whether and to what extent the policyholder may be entitled to independent counsel. We have challenged fees under a variety of policies, including professional liability, directors’ and officers’ liability, and general liability policies involving fees up to hundreds of millions of dollars in the context of independent counsel, fee shifting, and private attorney general, and other actions.
Helps insurers navigate financial institution coverage challenges with strategies informed by decades of experience advising banks, credit unions, investment firms, and other financial entities. We provide coverage counsel, claims management, and litigation defense across financial institution bonds, management liability, lender liability, and specialized financial institution products like matters involving fraud schemes (including cyber‑enabled theft), anti-money laundering and the bank secrecy act‑related exposures, payment‑card and processing disputes, and regulatory overlays. Our team manages interplay with D&O, E&O, crime, and cyber policies.
Our lawyers are experience in evaluating and litigating media liability insurance claims on behalf of insurers, including claims involving defamation (libel/slander), copyright and trademark infringement, invasion of privacy, plagiarism, and emotional distress, and other claims resulting from publications and broadcasts of all types involving various types of policyholders including publishers (newspapers, magazines, digital media), broadcasters and journalists, advertising and digital agencies, content creators, social media influencers, and bloggers, authors and screenwriters, animators, graphic designers, marketing consultant and research firms, and others. The digital age and widespread use of social media have complicated the landscape. Our experience extends to various coverages including general liability, media liability and other errors and omission coverages, cyber policies, crime/fraud policies, and more.
Hinshaw has experience in representing insurers in matters involving insolvency of other insurers, in connection with policyholder bankruptcy proceedings, and in ancillary proceedings and coverage actions.
We have experience in the full range of insurer insolvency issues, including drop down, maintenance of insurance, exhaustion and impairment issues, and allocation and priority of coverage issues. We also have represented insurers in insolvency, insurer rehabilitation, and liquidation proceeding and before state guaranty funds.
Hinshaw has extensive experience in the myriad of issues raised by a policyholder’s bankruptcy in the context of mass tort claims and otherwise. These representations include taking steps to prevent policyholder bankruptcy plans or proceedings from adversely impacting insurer policy rights and defenses; insurance neutrality provisions; insurer standing and plan objections in bankruptcy proceedings; assignment of policies or proceeds; attempts to accelerate or increase insurance obligations through estimations in bankruptcy or otherwise; impact on self-insured retentions and insurance policy attachment points; assumption and status of policies and insurer settlements and coverage in place agreements; nonconsensual third party releases; set-off rights; 524(g) and other challenging injunctions; trust distribution procedures; social inflation and fraud issues arising from policyholder bankruptcies; policy buybacks and releases; rights and defenses under insurance policies; automatic stay issues; preferences, fraudulent transfer; and other challenges presented to insurers by reason of policyholder bankruptcies.
Hinshaw lawyers have litigated and regularly advise insurers on coverage with respect to the full range of products, completed operations, on-going operations, and premises claims. This includes health and medical device-related claims and product recall claims.
Hinshaw has been recognized as a leading firm in professional matters since being dubbed lawyers for the profession decades ago. We represent and defend insurers in E&O coverage matters involving various professionals and organizations, including architects and engineers, insurance agents and brokers, insurance companies, healthcare institutions and professionals, managed care liability, governmental entities, non-profits, bankers, attorneys, law firms, accountants, condominium and cooperative liabilities, schools, public officials and first responders, technology providers, and fiduciaries. Our experience extends to technology companies and public entities and officials.
Hinshaw lawyers have extensive experience in advising domestic and international insurers, evaluation and resolving claims, and litigating property claims under the full range of policies, including boiler and machinery, business owner’s, difference in conditions, commercial crime, builder’s risk accounts receivable, cyber, business interruption, flood, and various home owners forms (e.g., basis, broad, special, renters, condo, mobile home), and other policies. We represent insurers with respect to various types of losses including hurricane, fire, collapse, structural damage, business interruption and extra expense claims, flood, FAIR plan, fire and explosion, earth quake, collapse and structural damage, machinery brake-down, contamination, riot, viruses and pandemics, shut-downs, appraisal and valuation disputes; roof damage and collapse, and others claims.
Support reinsurers, cedents, managing general agents (MGAs), captives, and brokers in matters pertaining to reinsurance litigation and arbitration, treaty and certificate analysis, recovery and collections, extracontractual obligations, run-off and commutation strategy, and regulatory and cross border issues.
Transactions insurance is being used with increasing frequency in various types of transactions of differing sizes. Hinshaw represents insurers with respect to the various forms of transaction insurance, including representations and warranties insurance (buyers and sellers side), tax liability insurance, litigation insurance (judgment preservation insurance for plaintiffs and adverse judgment insurance for defendants), environmental, CFIUS, wage and hour, portfolio transfer and other forms. We have represented insurers with respect to transaction insurance claims, assisted in drafting policy language and underwriting and claims protocols, conducted due diligence, and provided general and portfolio advice. We have addressed various issues including absence of any defense requirement, claims made and reporting issues, reimbursement of defense costs, choice of law, arbitration issues, compliance with notice, cooperation, and documentation requirements, compliance with other policy terms and conditions, limits and retention issues, issues relating to whether or not there was a breach of warranty or representation, issues relating to loss and proof of loss and working with forensic auditors and other experts, consent to settle requirements, mitigation of damages, and subrogation rights. We examine application of various policy exclusion, including exclusions for actual knowledge of breach by the deal team, purchase price/working capital adjustment, deferred tax assets, pension underfunding, withdrawal liability, forward looking statements, collectability of accounts receivable, asbestos, PCBs, and long tail claims, interim breaches, transfer pricing, COVID, Russia/Ukraine and deal specific exclusions, and impact of material scape provisions.
Hinshaw attorneys have represented insurers in evaluating, litigating, and resolving virus and pandemic claims presented by policyholders of various types, including in connection with the COVID-19 related business interruption claims.
Hinshaw represents insurers in connection with political, trade, and credit risk claims under a variety of coverages.
Coverage Clarity. Strategic Defense. Nationwide Reach.
Whether managing routine claim denials or navigating precedent-setting litigation, Hinshaw provides trusted counsel throughout the insurance coverage spectrum. With one of the deepest and most experienced coverage benches in the country, we’re here to help you protect your business, reduce risk, and resolve disputes with precision.
Resources on Demand
Join Hinshaw's Scott Seaman, co-chair of the firm's global Insurance Services Practice Group, and other prominent attorneys and members of the insurance and reinsurance industry for interesting analysis, discussions, and updates on insurance coverage, reinsurance, bad faith, defense, and litigation management issues, developments, and cases impacting practitioners, insurers, and reinsurers.
Hinshaw Insurance Law TV – Bad Faith Law
Scott Seaman, Co-Chair of Hinshaw’s global Insurance Services Practice Group, is joined by Hilary Harmsworth and Sam Vardy of Howden Insurance Brokers to introduce a new fifty-state survey on U.S. bad faith law and to briefly discuss bad faith law in both the United States and the United Kingdom.
Hinshaw Insurance Law TV – Transaction Insurance Solutions
On the latest episode of Hinshaw Insurance Law TV, a panel of experts from Aon discuss the nature, history, and various forms of transaction insurance, focusing on the placement and underwriting of transaction insurance, key coverages and policy provisions, and claims issues.
Hinshaw Insurance Law TV | Key Coverage Decisions in the First Half of 2023 - Part 2
In the second installment of a two-part series, Law360 Insurance Authority Senior Reporter, Shane Dilworth, joins host Scott Seaman to discuss key insurance coverage decisions made in the first half of 2023.
Hinshaw Insurance Law TV – Key Coverage Decisions in the First Half of 2023: Part 1
In the first installment of a two-part series, Law360 Insurance Authority Senior Reporter, Shane Dilworth, joins host Scott Seaman on Hinshaw Insurance Law TV to discuss on key insurance coverage decisions made in the first half of 2023 regarding opioids and PFAS.
Hinshaw Insurance Law TV – Confronting the Triple Threat of Social Inflation, Economic Inflation, and Greenflation
On this episode of Hinshaw Insurance Law TV, Scott Seaman discusses the impact and driving factors of social inflation and strategies to confront it.
Hinshaw Insurance Law TV – The Future of ESG
In the second of two episodes discussing ESG, Bessie Daschbach—Hinshaw partner and head of the firm's multi-disciplinary Environmental, Social, and Governance (ESG) team—joins host Scott Seaman for a discussion about the driving forces and future of ESG.
Hinshaw Insurance Law TV – The Basics of ESG
Bessie Daschbach—Hinshaw partner and head of the firm's multi-disciplinary Environmental, Social, and Governance (ESG) team—joins host Scott Seaman for a discussion on the basics of ESG.
Hinshaw Insurance Law TV – Opioid Insurance Coverage Decisions
Scott Seaman—Chicago-based partner and co-chair of Hinshaw's global Insurance Services Practice Group—hosts Law360 Insurance Authority Senior Reporter, Shane Dilworth in a discussion about recent opioid insurance coverage litigation and decisions.
Hinshaw Insurance Law TV – Cybersecurity Third and Final Part: Ransomware
In the third and final episode of our three-part series on cybersecurity, Hinshaw partners Scott Seaman and Annmarie Giblin discuss ransomware and the legal issues surrounding paying a ransom.
Hinshaw Insurance Law TV - Cybersecurity Part Two: The Rise in Cyber Negligence Cases
In the second episode of a three-part series focusing on cybersecurity, Hinshaw partners Scott Seaman and Annmarie Giblin discuss the recent spike in cyber negligence cases.
Hinshaw Insurance Law TV – Cybersecurity Part One: Data Breach Notification
Scott Seaman—Chicago-based partner and co-chair of Hinshaw's global Insurance Services Practice Group—hosts Hinshaw partner Annmarie Giblin in a discussion about data security plans for businesses and data breach notification. This is the first episode of a three-part series focusing on cybersecurity.
Hinshaw Insurance Law Television: Recent Changes in Florida Property Insurance Law and How They Will Affect First Party Insurance
Scott Seaman—Chicago-based partner and co-chair of Hinshaw's global Insurance Services Practice Group—hosts Miami-based Hinshaw partner Daniel Shatz in a discussion about new Florida legislation, which aims to address the state's property insurance crises.
Hinshaw Insurance Law Television: A Review of 2021's Most Significant Insurance Coverage Decisions and Cases to Watch in 2022
Host Scott Seaman, a Chicago-based partner and co-chair of Hinshaw's global Insurance Services Practice Group, and Shane Dilworth, senior insurance reporter for Law360, discuss a number of significant insurance law rulings in 2021 and cases to watch in 2022.
Introducing New Insurance Law Thought Leadership Works
On this holiday episode of Hinshaw Insurance Law Television, we introduce some of the insurance law thought leadership resources published in December 2021 and scheduled to be published in January 2022.
Construction Claims: A Practical Reservation of Rights Checklist
Joining Scott Seaman on this episode are Hinshaw's Chicago-based partner Paris Glazer, and Miami-based partner Daniel Shatz. They provide a practical reservation of rights checklist for claims professionals and attorneys handling construction and personal injury claims. The session was part three of Hinshaw's Webinar Series: Insurer Insights – What Insurers Need to Know in 2021.
COVID-19 Coverage Claims
On this episode of Hinshaw Insurance Law Television, we discuss the litigation landscape arising from recent lawsuits relating to claims seeking coverage for COVID-19-related losses under first-party and third-party policies. The session was part two of Hinshaw's Webinar Series: Insurer Insights – What Insurers Need to Know in 2021.
Claims Handling Issues and Bad Faith Developments for Insurers to be Aware of in 2021
In this episode, Scott Seaman is joined by Hinshaw's Chicago-based partners Jason Schulze and John DeLascio, San Francisco-based partner Maria Quintero, and Minneapolis-based partner Paulette Sarp. The session, which covers claims handling issues and bad faith developments, was part one of Hinshaw's Webinar Series: Insurer Insights – What Insurers Need to Know in 2021.
A Comparison of Insurance Trends in U.K. and U.S.A.
Scott Seaman, the host of Hinshaw Insurance Law Television, joins Simon Laird, Head of Insurance at RPC, to provide a country-to-country comparison of key insurance trends and developments including COVID-19, business interruption insurance claims, social inflation, the duty to defend, and more.
A Deluge of COVID-19 Coverage Rulings
In the premiere episode of Hinshaw Insurance Law Television, host Scott Seaman talks with Jeff Sistrunk, senior insurance reporter for Law360, about some of the key insurance law rulings in 2020 and cases to watch in 2021. A significant focus of their discussion centers on the almost 1,500 COVID-19 business interruption and civil authority insurance coverage cases that have been filed in federal and state courts across the country.
A General Overview of Bad Faith & Extracontractual Liability in the U.S.
This episode was recorded at a joint seminar provided by Hinshaw and RPC. Panelists Scott Seaman and Pedro Hernandez of Hinshaw and Simon Laird, Head of Insurance of RPC, presented this general overview to leading London claims and underwriting professionals.
Social Inflation and Its Impact on Insurers
This episode was recorded at a joint seminar provided by Hinshaw and RPC. Scott Seaman and Pedro Hernandez of Hinshaw & Culbertson LLP and Simon Laird, Head of Insurance of RPC, presented to leading London claims and underwriting professionals. They address how the elements of the U.S. civil justice system influence the size of settlements, judgments, and defense costs and how modern societal trends fuel social inflation. They also compare social inflation in the U.S. to social inflation in the U.K.
The Biggest Insurance Decisions of 2019: Midyear Report
Scott Seaman talks with Jeff Sistrunk, senior insurance reporter for Law360, about some of the most significant insurance decisions rendered in the first half of 2019. They also discussed some legislative developments in Florida and provided a preview into some cases to watch during the second half of the year.
A Conversation with Leading UK-Based Medical Malpractice Lawyer Dorothy Flower – Key Medical Malpractice Trends
Scott Seaman talks with Ms. Dorothy Flower, one of the leading medical malpractice lawyers in the U.K., and a partner at the London, Singapore, and Hong Kong-based law firm of Reynolds Porter and Chamberlain (RPC). Dorothy and Scott discuss some of the major medical malpractice and product liability trends in the U.K. and Europe, as well as some of the differences between U.S. and U.K. law and practice.
Key Decisions from 2018 and Cases to Watch in 2019
Host Scott Seaman talks with Jeff Sistrunk, senior insurance reporter for Law360, about some of the key insurance coverage decisions that took place in 2018, as well as cases to watch in 2019.
Global Insurance Claims Issues, Challenges & Perspectives with RPC's Simon Laird
Scott Seaman is joined by Simon Laird, the Global Head of Insurance at the London, Singapore, and Hong Kong-based law firm of Reynolds Porter and Chamberlain (RPC). Simon and Scott talk about international claims challenges keeping claims executives up at night, along with key insurance developments and things to watch in the U.K., Europe, and Asia. The pair also discusses the recently published RPC "Annual Insurance Review," to which Hinshaw contributed a section on key 2018 developments and outlook for 2019 in the United States.
Sizzling Insurance Coverage Cases of 2018: Mid-Year Report
In this episode, Jeff Sistrunk, Law360 Senior Insurance Law Reporter, joins host Scott Seaman to discuss some of the hottest insurance coverage decisions of 2018, along with cases to watch in the second half of the year.
Key decisions of the first half of 2018 discussed include:
- KeySpan Gas East Corp. v. Munich Re
- Gilbane/TDX v. St. Paul
- Emmis Communications v. Illinois National Insurance Co.
- Liberty Surplus v. Ledesma & Meyer Construction
- Keodalah v. Allstate Insurance Co.
Scott and Jeff conclude by "reeling in" a number of Phishing coverage cases to watch, along with other cases to watch during the second half of 2018.
The Illinois Department of Insurance: The Face of Contemporary Regulatory Activities and Initiatives
Jennifer Hammer, the Director of the Illinois Department of Insurance, discusses the Department's regulatory mission and current initiatives. Director Hammer discusses her goals and priorities as Director, along with issues and areas that she is tracking closely, including: autonomous vehicles and complex rating models; the Illinois omnibus bill; and mental health parity.
Director Hammer will also be joining Seaman in a follow-up episode later this summer, to discuss her role as Chair of the National Association of Insurance Commissioners Property and Casualty Insurance Committee (NAIC).
Key Insurance Decisions of 2017
We ring in 2018 by taking a look back at the past year in insurance coverage decisions. Jeff Sistrunk, senior insurance reporter for Law360, joins host Scott Seaman, co-chair of Hinshaw's Insurance Services Practice Group, to discuss his list of "The 5 Biggest Insurance Decisions of 2017."
Some of the notable insurance coverage decisions in 2017 that are discussed include:
- The Washington Supreme Court's April decision in Xia v. ProBuilders Specialty Insurance Co. on the absolute pollution exclusion.
- The Pennsylvania Supreme Court's September decision in Rancosky v. Washington National Insurance Co. on bad faith.
- The South Carolina Supreme Court's January decision in Harleysville Group Insurance v. Heritage Communities Inc. on reservations of rights and allocation.
- The California court of appeals November opioid coverage decision in Travelers v. Actavis.
Contemporary Insurance Regulatory Issues and Trends
Scott Seaman is joined by seasoned insurance regulatory lawyers Robert Hogeboom and Sam Sorich. Join Scott, Bob, and Sam as they discuss key contemporary insurance regulatory trends and issues, including:
- Challenges to underwriting and pricing practices
- Regulatory overreach
- The Propublica report and allegations of unfair discrimination
- Rising cost of auto insurance
- Proposals being considered by the United States Congress and the impact on the McCarran-Ferguson Act
- The 2017 California Supreme Court decision in ACIC v. Jones on insurance commissioner authority
Key Insurance Coverage Decisions in 2016 and Cases to Follow in 2017
Jeff Sistrunk, senior insurance reporter for Law360, joins host Scott Seaman to discuss key insurance coverage decisions in 2016, as well as some cases to follow in 2017. There were several notable coverage decisions over the past year and there are several pending cases that present interesting issues. Mr. Sistrunk tells us how he went about selecting the top cases for his Law360 articles and discusses what makes these decisions important.
Reinsurance Arbitrations & Effective Arbitration Clauses
Scott Seaman and Edward Lenci discuss reinsurance arbitrations and arbitration clauses. They address choice of forum, contents of arbitration clauses and discuss how ceding companies, reinsurers, and reinsurance intermediaries may draft effective arbitration provisions to achieve the fairness and efficiency parties seek to achieve in submitting disputes to arbitration. They discuss these issues at a meeting of the Intermediaries and Reinsurance Underwriters Association (IRUA) in New York.
Reinsurance Arbitrations & Effective Arbitration Clauses – Bonus Episode
This features the question and answer session following the presentation of Scott Seaman and Edward Lenci on reinsurance arbitrations and arbitration clauses recorded at a meeting of the IRUA in New York. On hand were several experienced reinsurance arbitrators and umpires and they raised some interesting issues and provided important insights to managing the arbitration process.
Insights
Event
|Mar 25, 2026
|Eli Marger Presents CLE on Forensic Meteorology Applications at 2026 PLRB Claims Conference
Tampa partner Eli Marger will co-present "Forensic Meteorology: Uses and Limitations" on March 23 and March 25, 2025, at the Property & Liability Resource Bureau (PLRB) Claims Conference & Insurance Services Expo in National Harbor, Maryland.
Event
|Oct 8, 2025
|Joel Wiegert Serves as Conference Chair and Michael Adams Presents at Firm-Sponsored Fidelity Law Association 31st Annual Conference
Hinshaw partner Joel Wiegert will serve as the conference co-chair for the Fidelity Law Association (FLA) 31st Annual Conference, in Chicago, Illinois, on October 8, 2025, for which Hinshaw is a firm sponsor. His Hinshaw colleague, Michael Adams, will also present as part of a panel titled "Who's Holding the Bag? (And Who Gets to File the Claim)?"
Press Release
|Oct 7, 2025
|2 min read
Experienced Litigator Rachel Nudel Joins Hinshaw on East Coast
Hinshaw & Culbertson LLP today announced that Rachel Nudel has joined the firm’s Defense Litigation Practice as a partner, operating from the firm’s offices in New York and New Jersey.
Press Release
|Oct 2, 2025
|1 min read
Scott Seaman, Palma Yanni, and Ian Wagreich Recognized as 2026 Lexology Index Thought Leaders: USA
The law firm of Hinshaw & Culbertson LLP is pleased to announce that Scott Seaman, Palma Yanni, and Ian Wagreich have been recognized in the 2026 edition of the Lexology Index Thought Leaders: USA guide.
Press Release
|Sep 30, 2025
|1 min read
April Toy Named Among Wisconsin’s 31 Most Influential Latino Leaders of 2025 by Madison365
Hinshaw & Culbertson LLP is pleased to announce that partner April Toy has been recognized among “Wisconsin’s 31 Most Influential Latino Leaders of 2025” by Madison365.
In The News
|Sep 2, 2025
|1 min read
Hinshaw Team Analyzes the Significance of Florida’s 2025 Legislative Overhaul of Condominium Laws
Explore a Hinshaw team's analysis in the Daily Business Review on Florida’s sweeping 2025 condominium law reforms, and learn how new mandates on inspections, reserves, and transparency will impact associations, insurers, and counsel statewide.
Press Release
|Aug 21, 2025
|1 min read
102 Hinshaw Lawyers Recognized in 2026 Editions of The Best Lawyers in America® and Ones to Watch™
Hinshaw & Culbertson LLP is pleased to announce that 80 lawyers are recognized in the 2026 edition of The Best Lawyers in America, with ten receiving this honor for the first time. Additionally, 22 Hinshaw lawyers are included in The Best Lawyers: Ones to Watch.
Press Release
|Aug 15, 2025
|1 min read
Tessa Vorhaben Appointed to the New Orleans Chapter of the Federal Bar Association’s Board of Directors
Hinshaw & Culbertson LLP is pleased to announce that partner Tessa Vorhaben has been appointed to serve on the Board of Directors of the New Orleans Chapter of the Federal Bar Association for the 2025–2026 term.
Press Release
|Aug 7, 2025
|1 min read
April Toy Elected to Serve on the National Executive Committee of the Hispanic National Bar Association for the 2025–2026 Term
Hinshaw & Culbertson LLP is pleased to announce that partner April Toy has been elected to serve as the Vice President of Divisions, Sections, and Committees on the Hispanic National Bar Association’s (HNBA) National Executive Committee.
In The News
|Aug 1, 2025
|1 min read
Scott Seaman Featured in Law360 Report on the Top Property Insurance Decisions in the First Half of 2025
Explore Scott Seaman’s insights in a Law360 review of the top property insurance rulings from early 2025, including a key Tenth Circuit decision on a bad faith lawsuit.
In The News
|Jul 23, 2025
|1 min read
“Best Practices in Presenting Business Interruption Claims” by Francesco Palanda
Read Francesco Palanda's byline titled "Best Practices in Presenting Business Interruption Claims," which was published in an American Bar Association Insurance Committee newsletter and outlines essential strategies for handling business interruption claims for catastrophic losses.
Press Release
|Jul 21, 2025
|1 min read
April Toy Selected as a BizTimes Milwaukee 2025 Notable Latino Leader
Hinshaw & Culbertson LLP is very pleased to announce that BizTimes Milwaukee has selected partner April Toy among its 2025 Notable Latino Leaders.
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102 Hinshaw Lawyers Recognized in 2026 Editions of The Best Lawyers in America® and Ones to Watch™

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Jul 21, 2025
April Toy Selected as a BizTimes Milwaukee 2025 Notable Latino Leader

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Sep 30, 2025
April Toy Named Among Wisconsin’s 31 Most Influential Latino Leaders of 2025 by Madison365

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102 Hinshaw Lawyers Recognized in 2026 Editions of The Best Lawyers in America® and Ones to Watch™

In The News
Jul 23, 2025
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Press Release
Jul 21, 2025
April Toy Selected as a BizTimes Milwaukee 2025 Notable Latino Leader