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Hinshaw & Culbertson LLP is one of the nation's leading firms representing domestic and foreign insurance companies in a full range of matters. We regularly represent insurers in state and federal courts across the country and internationally at the trial and appellate court levels. We evaluate and resolve matters from the claims stage through mediation and arbitration. We provide coverage analysis and opinions. We also evaluate client portfolio issues, assist in product development and drafting contract language, and provide training and other advice. We often serve as national or regional counsel. Our lawyers also represent insurers with regulatory compliance. Insurers appreciate The Hinshaw Advantage.

Providing the Full Range of Services

Our advice and representation extends to the full range of matters, including:

  • Insurance coverage litigation and counseling
  • Bad faith, extra-contractual liability, business practices, and market conduct claims and class actions
  • Reinsurance and retrocessional dispute resolution and counseling
  • Corporate transactional, regulatory, run-off, and insolvency insurance services
  • Claims, litigation, and fees management services

Hinshaw's Insurance and Reinsurance Services

The Insurance and Reinsurance Services Brochure 

Spanning the Full Spectrum of Policy Types

We are well-versed in the full panoply of commercial and personal lines insurance policies, including:

  • Aviation
  • Builder's Risk and OCIP

  • Crop and Farming

  • Cyber

  • Directors & Officers (private and public entities)

  • Employee Benefits and EBAL

  • Employment Practices Liability

  • Energy

  • Environmental

  • Errors and Omissions

  • Excess and Surplus Lines

  • Fidelity and Crime

  • Fiduciary Liability

  • First Party Property

  • General Liability
  • Hail, Windstorm and Flood
  • Homeowners

  • Intellectual Property

  • Life Insurance and Disability

  • Long-Term Care

  • Marine

  • Medical and Health

  • Municipal/State/County Liability

  • Pooling Arrangements

  • Professional Liability (including architects and engineers, agents and brokers, healthcare institutions and healthcare professionals, managed care organizations, attorneys, accountants, and other fiduciaries)

  • Real Estate Title

  • Reinsurance Treaties 

  • Facultative Certificates

  • Stop Loss

  • Yacht

Hinshaw lawyers also have specific expertise in a variety of specialty policies, lines, and products, including MGA, jewelers, fine arts and collectibles, classic cars and antiques, identity theft, drones, transportation, pharma, organic foodstuffs, green technology/buildings, weather derivatives, nanotechnology, mining, railroad, kidnap and ransom, travel, equine, animal, warranty programs, life settlements, lender placed coverage, Native American/Tribal and affinity programs.

Our experience also extends to a variety of structures for managing, transferring, and retaining risks, including self-insurance, fronting arrangements, captive policies, risk retention groups, pooling arrangements and trusts.

Insurance Coverage Litigation & Counseling

Hinshaw is one of the premier law firms representing insurers in a wide-range of coverage litigation and coverage disputes nationally and internationally. Hinshaw lawyers have appeared in courts in every state, in every federal circuit and before the United States Supreme Court. Our experience includes coverage issues arising out of losses relating to products, operations, and premises; pollution, mold, toxic torts, and global warming; intellectual property; invasion of privacy, false imprisonment, slander, and defamation; advertising, publishing, and media liability; cyber liability; malpractice and professional liability claims of various types; spinal fixation devices; construction defects; sexual abuse; murder; property damage; and lost profits. We represent insurers in declaratory judgment actions, actions involving defense, indemnity, and reimbursement, and actions seeking a wide range of relief including declaratory relief, compensatory and punitive damages, rescission and reformation.

Our lawyers have extensive experience in claims review and analysis, due diligence audits and inspections, negotiating the resolution of specific matters and commutations involving multiple books of business, assisting in building business relationships and workable protocols between companies in addition to serving as counsel in mediations, arbitrations, trials, and appeals in the full range of coverage disputes. We have served as national and regional counsel and are adept at coordinating activities and maintaining consistency.

Bad Faith, Extra-Contractual Liability, Business Practices, Market Conduct Claims & Class Actions

Hinshaw lawyers regularly evaluate and advise clients in myriad bad faith, extra-contractual, and market conduct matters. We represent insurers in trial and appeals of first and third party bad faith actions in courts across the country. In addition, we advise clients and provide training in proper claims practices and compliance with statutory, regulatory, and common law requirements and best practices.

Our experience extends to a variety of claims, including allegations of: inadequate investigation; unreasonable failure to defend or indemnify; unfair or improper claims handling; and unfair settlement practices or failure to settle; and in various other allegations. Hinshaw lawyers are well-versed in defeating such claims and in limiting recovery of damages, including punitive damages and attorney fees. We represent insurers with respect to other extra-contractual claims, including claims involving loss control and risk management services; alleged conspiracy claims; alleged improper hiring or supervision of contractors; alleged breaches of fiduciary duties; alleged violations of insurance regulations; and alleged fraud and misrepresentation.

Hinshaw lawyers also represent insurers in the resolution of market conduct claims and class actions, including claims relating to premium pricing, alleged policyholder discrimination, claim adjustments and property valuations, and a variety of other matters.

Reinsurance & Retrocessional Dispute Resolution & Counseling

Hinshaw has one of the nation's most well-respected reinsurance practice groups representing foreign and domestic companies. Hinshaw lawyers have experience in a wide-range of issues and disputes confronting ceding companies, reinsurers and retrocessionaires including: 

      • Rescission, adverse selection, non-disclosure, misrepresentation, fraud, and duties, rights, and responsibilities in connection with underwriting
      • Insolvency, rehabilitation, runoff, wind-up, and cut-through issues
      • Audits, inspection, discovery, and access to records issues
      • Complex allocation and billing issues
      • Number of accidents, occurrences, loss occurrences, and aggregation issues
      • Following form, follow-the-settlements, and follow-the-fortunes issues
      • Custom and usage, course of performance, and contract interpretation issues
      • Duties, rights, and responsibilities in connection with claims handling such as notice and rights of association
      • Fronting and captive arrangements
      • Authority and agency issues
      • Umpire, arbitration, and forum issues
      • Limits issues
      • Extra-contractual liability
      • Defense cost and declaratory judgment cost issues
      • Letters of credit
      • Offsets
      • Commission and premium issues
      • Retention warranties
      • Regulatory requirements and restrictions
      • Sole judge and honorable engagement issues

Our reinsurance experience includes representing clients in litigation, arbitration, and dispute resolution. We also provide advice and planning on insurance and reinsurance issues arising in the normal course of business and in connection with commutations, run-off operations, and acquisitions.

Corporate Transactional, Regulatory, Run-Off & Insolvency Insurance Services

Hinshaw lawyers have extensive experience in advising and assisting insurers on a wide range of corporate, regulatory, and other commercial and transaction activities, including:

      • Conservation, liquidation and rehabilitation issues
      • Corporate bylaw drafting and revisions
      • Corporate operations, organization, reorganization and structure, including issues related to mutualization and demutualization
      • Corporate governance
      • Creation of domestic and offshore captives and third-party risk sharing entities
      • Filing and obtaining approval of rates and forms
      • Insurance company creation and domicile selection
      • Mergers and acquisitions involving issues ranging from due diligence to tax implications
      • Purchasing assets of insolvent insurance companies
      • Federal and state regulatory compliance
      • Risk transfer

Hinshaw lawyers regularly assist insurance industry clients in completing high-level business transactions such as strategic business sales and acquisitions, agency/broker relationships, licensing, and response to regulatory authorities. We have represented insurance companies and agencies, third party administrators, managing financial agents and claims specialist in these matters. Hinshaw lawyers have assisted clients in forming domestic captives to afford property, casualty and workers' compensation coverage for operations in all 50 states. We also advise clients regarding the economic risks and tax consequences associated with self-insurance and captive insurances.

We also have been involved in the creation of captive insurance companies, self-insured pools, risk retention groups, and other vehicles for risk transfer. We have assisted companies in creating and implementing insurance programs and in drafting insurance policies, endorsements, and exclusions.

Our lawyers regularly appear in a wide variety of regulatory matters before state insurance regulators nationwide, defending enforcement actions and other administrative proceedings involving a variety of issues, orders to show cause, agency appeals, notices of non-compliance, and rulemaking.

Hinshaw lawyers have considerable experience in insurance company conservation, rehabilitation, and liquidation proceedings, including: representing insurers before insurance regulators; preparing bids for assumption of business; negotiating and documenting commutations; and litigating reinsurance, claims and asset valuation disputes. Our insurance company insolvency litigation experience includes representing clients in state and federal courts, at both the trial and appellate levels.

We have represented numerous clients — both foreign and domestic — including secured and unsecured creditors of insolvent insurers and policyholder groups. Our attorneys provide advice and representation in connection with fraudulent conveyance and preferential transfer claims and allegations. We counsel insurers regarding required notices and disclosures to regulators and other interested persons. We also negotiate with insurance regulatory and have acted as the statutory receiver of insolvent insurers. We have extensive experience advising on domestic and foreign insurance and reinsurance company insolvencies, schemes of arrangement, and run-off operations, and have devised and executed numerous successful strategies in the context of legacy business.

Claims, Litigation, & Fees Management Services

Hinshaw counsels and represents insurers with respect to claims management, litigation management, and legal fees issues and disputes.

We assist insurers in analyzing the reasonableness and necessity of costs and fees incurred in complex litigation. Our lawyers have served as counsel and as experts at the claims stage, in trial and appellate courts, and at mediations and arbitrations. Common matters include analyzing fees and costs of independent counsel, Cumis counsel fee arbitrations, and allocating and apportioning fees and costs. We also assist insurers in implementing billing guidelines and cost controls in complex litigation.

News

Publications

Books

Duty to Defend book cover

Duty to Defend: A Fifty State Survey—We are pleased to announce our new book, Duty To Defend: A Fifty-State Survey. This work — which is Volume III of the Hinshaw & Culbertson LLP 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. Download a copy of the guide (PDF).

Hinshaw & Culbertson LLP on the Law Series Volume !


A Primer on Reinsurance Law & Principles—Volume I of the Hinshaw & Culbertson LLP 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. Download a copy of the guide (PDF).

Hinshaw & Culbertson LLP 50 State Primer Medicaid Recovery Laws

50 State Primer On Medicaid Recovery Laws—Volume II  of the Hinshaw & Culbertson LLP On The Law Seriesprovides an overview of the Medicaid Recovery laws of the fifty states. Download a copy of the guide (PDF).

Hinshaw & Culbertson Allocation of Losses in Complex Insurance Coverage Claims

Allocation of Losses in Complex Insurance Coverage Claims, 6d addresses some of the most important and challenging issues confronting insurance and reinsurance practitioners and professionals today. This marks the sixteenth 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.

Hinshaw & Culbertson LLP California Insurance Law & Practice

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. 

Hinshaw & Culbertson LLP Reinsurance Professional's Deskbook
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.
Hinshaw & Culbertson Insurance and Reinsurance Services Brochure
The Insurance and Reinsurance Services brochure describes the capabilities, knowledge and strategic commitment to serve insurers by Hinshaw's premier team of leading insurance lawyers.


Below are related articles.

Articles
Hinshaw Insurance Law Radio

Hinshaw Insurance Law Radio

Join host Scott Seaman, Co Chair of Hinshaw & Culbertson LLP's National 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. 

Image of Scott Seaman

Episodes Available On Demand

The Illinois Department of Insurance: The Face of Contemporary Regulatory Activities and Initiatives

In the latest episode of the Hinshaw Insurance Law Radio podcast, 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).


Insurance Cases to Watch in 2018

In this episode, Law360 senior insurance reporter Jeff Sistrunk returns to the program to discuss the top "Insurance Cases to Watch in 2018" with host Scott Seaman, Co-Chair of Hinshaw's national Insurance Services Practice Group.Law360 Logo




There are a number of insurance cases attorneys will be watching in 2018. Mr. Sistrunk discusses some of those cases, including:


  • Medidata Solutions v. Federal Insurance Co.
  • KeySpan Gas East Corp. v. Munich Re
  • Pitzer College v. Indian Harbor Insurance Co.
  • Country Mutual Insurance Co. v. Vibram
  • Office Depot v. AIG

Among legislation and regulations to watch in 2018: 


  • The U.S. - EU Covered Agreement 
  • The National Flood Insurance Program
  • Cybersecurity Regulations of the New York Department of Financial Services and the NAIC
  • Assignment of Benefits Legislation in Florida
Second image of Scott Seaman

Key Insurance Decisions of 2017

In this episode, 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 national Insurance Services Practice Group, to discuss his list of "The 5 Biggest Insurance Decisions of 2017." Law360 Logo



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

In this episode, your host Scott Seaman, National Co-Chair of the firm's Insurance Services Practice Group, 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
Third image of Scott Seaman

Key Insurance Coverage Decisions in 2016 and Cases to Follow in 2017

Ringing in the New Year: In this episode of Hinshaw Insurance Law Radio, we ring in the new insurance coverage year.  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

In this episode of Hinshaw Insurance Law Radio Scott M. Seaman and Edward K. Lenci of Hinshaw and Culbertson LLP discuss reinsurance arbitrations and arbitration clauses. They address choice of forum, the 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.  Join us on demand for this episode.


Reinsurance Arbitrations & Effective Arbitration Clauses – Bonus Episode

This bonus episode of Hinshaw Insurance Law Radio features the question and answer session following the presentation of Scott M. Seaman and Edward K. Lenci on reinsurance arbitrations and arbitration clauses recorded at a meeting of the Intermediaries and Reinsurance Underwriters Association (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.


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