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 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
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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 experience 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, and Native American/Tribal and affinity programs.

Our extensive knowledge 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; unfair settlement practices or failure to settle; 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.

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 specialists 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.


50 State Survey: Requirements to Communicate with Insureds for Property and Casualty Claims image

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.

Download a copy of the guide (PDF).

Workers' Compensation Law A Fifty-State Survey Book Cover

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.

Download a copy of the guide (PDF).

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.
Download a copy of the guide (PDF).

Duty to Defend book cover

Duty to Defend: A Fifty State Survey: 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.
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 Hinshaw's On The Law series provides an overview of the Medicaid Recovery laws of the 50 states. Now available in a Third Edition!
Download a copy of the guide (PDF).

Hinshaw & Culbertson LLP on the Law Series Volume !

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.
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, 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.

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.

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 – 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.

View More Episodes

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.
Download the Checklist

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.

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