Hinshaw & Culbertson LLP is one of the nation's leading firms representing domestic and foreign insurance companies in a full range of matters. We represent insurers in state and federal courts across the country and internationally at the trial and appellate court levels. Through our participation in Global Access Lawyers, we have working relationships with leading lawyers representing insurers across the globe. 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.
Providing the Full Range of Services
Our advice and representation extends to a 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
Spanning the Full Spectrum of Policy Types
We are well-versed in the full panoply of commercial and personal lines insurance policies, including:
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Our extensive knowledge also extends to a variety of structures for managing, transferring, and retaining risks, including self-insurance, fronting arrangements, captives, risk retention groups, pooling arrangements, and trusts.
Insurance Coverage Litigation and Counseling
Hinshaw is one of the premier law firms representing insurers in a wide range of coverage litigation and coverage disputes. Our experience includes coverage issues arising out of losses relating to products, operations, and premises; pollution, mold, toxic torts, and global warming; intellectual property; false imprisonment, slander, and defamation; advertising, publishing, and media liability; cyber liability; malpractice and professional liability; 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.
Insurers turn to Hinshaw to assist them in addressing the challenges of social inflation. 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.
Bad Faith, Extra-Contractual Liability, Business Practices, Market Conduct Claims, and Class Actions
Hinshaw lawyers regularly evaluate and advise clients in myriad bad faith, extra-contractual, and market conduct matters, and class actions. 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, premium pricing, and property valuation; unfair settlement practices or failure to settle; institutional bad faith; and other various 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.
Reinsurance and Retrocessional Dispute Resolution, and Counseling
Hinshaw represents foreign and domestic companies 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, and 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 specialists in these matters.
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 have appeared in a wide variety of regulatory matters before state insurance regulators, 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 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.
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 have experience advising on domestic and foreign insurance and reinsurance company insolvencies, schemes of arrangement, bankruptcy and run-off operations, and have devised and executed numerous successful strategies in the context of legacy business.
Claims, Litigation, and 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.
Defense of Policyholders in Underlying Actions
Hinshaw attorneys are appointed by insurers to defend policyholders in a wide range of litigation and claims, including wrongful death, personal injury, bodily injury, and property damage; construction; product liability; medical malpractice and heath care, aviation, aerospace, and transportation; professional liability; directors and officers liability; labor and employment; intellectual property; cyber and privacy; and other matters.
- Glenda M. Almela
- Natasha L. Alvarez
- Sarah Anderson
- Nataliia Artemova
- Maria Babajanian
- Reka Bala
- Mark T. Berhow
- Corey D. Berkin
- John K. Biglow
- Taylor Bowman
- Alfred L. Buchanan
- Christopher "Kipper" Burke
- Kali E. Campbell
- Thomas P. Campbell
- Jorge D. Canamero
- Stephanie H. Carlton
- Jennifer Castro
- Suzanne Chamberlin
- Matthew D. Chamoff
- Maida Chinosi
- Giselle Coalla
- Katherine A. Coba
- Sarah Coleman
- Luis Colula
- Daniel R. Conte
- Madeline Cook
- Vicente I. Cortesi
- Candace D. Cronan
- David Ian Dalby
- Angela N. Davis
- Joseph J. De Hope, Jr.
- John E. DeLascio
- Edward F. Donohue III
- Camille D. Evans
- Peter J. Felsenfeld
- Matthew C. Ferlazzo
- Jennifer L. Fisher
- Connor T. Flynn
- Paige M. Forman
- Sara Franks
- Jill Mendelsohn Friedman
- Julie A. Frusciente
- Melissa A. Gillinov
- Clark S. Girges
- Paris B. Glazer
- Mark D. Goldstein
- Alejandro A. Gonzalez
- Lazaro Gonzalez
- Nicole D. Gould
- Dennis J. Graber
- David A. Grossbaum
- Sarah Hafeez
- Logan G. Haine-Roberts
- Joshua A. Hark
- David T. Hayek
- Mark M. Heinish
- David E. Heiss
- Pedro E. Hernandez
- Angela M. Hess
- Jessica Hutchinson
- Peter L. Isola
- Rory Eric Jurman
- Ronald L. Kammer
- Peter E. Kanaris
- Min K. Kang
- Kevin P. Kelley
- Gary I. Khutorsky
- Spencer Y. Kook
- Katherine E. Kulik
- Brett B. Larsen
- Gar N. Lauerman
- Mai M. Le
- Tami Kay Lee
- Steven D. Lehner
- Edward K. Lenci
- David H. Levitt
- Robert G. Levy
- Savannah M. Loftis
- Burke G. Lopez
- Viviana A. Loshak
- R. Wardell Loveland
- Brian E. Mahoney
- Joseph V. Manzo
- Rebecca D. Martino
- Amber N. Massey
- Terrence P. McAvoy
- John E. McPherson
- Ryan E. Michaels
- Cheryl L. Mondi
- Rowan K. Moriarty
- Celia Moutes-Lee
- Paula Munera Alzate
- Courtney E. Murphy
- Michael P. Murphy
- H. Gregory Nelch
- Daniel On
- Francesco J. Palanda
- Peter E. Pederson
- C. Kieffer Petree
- John (Jack) S. Pierce
- Jordyn J. Quinn
- Maria S. Quintero
- Laurie Randolph
- Russell L. Reed
- Daniel Robinson
- Lisa M. Roccanova
- Dennis G. Rolstad
- Dawn A. Sallerson
- James C. Sanders II
- Paulette S. Sarp
- Brittney D. Savino
- Mellissa A. Schafer
- Thomas R. Schrimpf
- Jason R. Schulze
- Scott M. Seaman
- Jessica P. Sears
- André D. Sesler
- Ori Shafirstein
- Daniel C. Shatz
- Petras Sidrys
- Eric J. Simonson
- Christiane Sinclair
- S. Stuart Soldate
- Berlinie M. St-Fort
- Brady L. Taylor
- Melissa M. Turner
- Krishna Vasudevan
- Vitaly Vilenchik
- April T. Villaverde
- Robert E. Wagner
- Matthew J. Walker
- Stuart Walker
- John K. Weedon
- Katherine R. Woods
- Jonathan M. Yee
- Bradley M. Zamczyk
- Michael Zhang
- August 8, 2024
- May 22, 2024
- May 7, 2024
- April 17, 2024
- March 12-14, 2024
- February 14, 2024
News
- November 22, 2024
- November 7, 2024
- October 21, 2024
- October 17, 2024
- October 16, 2024Her Addition Strengthens the Firm's Insurance Services Practice Group
- October 16, 2024
Books
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. | |
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. | |
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. | |
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. | |
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! | |
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. | |
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. | |
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. | |
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. |
Legal Updates
- December 4, 2024
- November 14, 2024
- November 11, 2024
- October 29, 2024
- October 10, 2024
- August 26, 2024
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.
Recent Episodes Available on Demand
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.
View More Episodes
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. 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 Basics of ESG 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. 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. 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. A Comparison of Insurance Trends in U.K. and U.S.A. 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. 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. 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. Key decisions of the first half of 2018 discussed include:
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. 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. 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."
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:
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. |
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