Landmark Eighth Circuit Ruling Supports the Secondary Market for Life Insurance Policies
According to Chambers USA, clients describe us as "top-notch lawyers who provide great customer service and are practical. They understand our business concerns and can help us balance the pros and cons of various paths."
We represent the interests of policyholders exclusively, working tirelessly to secure recoveries for our clients. We litigate coverage claims when necessary, but focus on developing innovative, non-litigation solutions for our clients’ complex coverage disputes. To proactively avoid disputes, we provide risk management counseling and insurance advice to our clients on all of their most challenging and important matters.
Our team knows the insurance business from every angle and can help you with every kind of claim, from general liability to D&O, E&O and cyber. We leverage that vast experience to address the cutting-edge coverage issues facing policyholders today: cyber and data breach coverage, the unique business risks facing high-growth technology companies, and some of the most complex insurance disputes in the financial services area.
Our approach emphasizes out-of-court solutions wherever possible – obtaining the best recoveries while minimizing the cost and disruption of the courtroom. But when necessary, we bring our courtroom experience to vigorously litigate against our clients’ insurers.
Our team is at the forefront of the emerging area of cyber risk and data breach insurance, and has counseled numerous companies on insurance strategy and claims management in the aftermath of major cyberattacks. We work hand in hand with our Cybersecurity & Data Privacy team to craft comprehensive cybersecurity programs, advising on the acquisition of cyber-risk policies and helping clients develop breach response procedures that preserve coverage. When a breach occurs, we mobilize immediately and work closely with our client’s in-house team on every step of the response.
We have counseled leading players in some of the most at-risk industries on cyber coverage, including those in the retail and technology sectors and online gaming and ticketing platforms. Our counseling draws on insights from our experience recovering breach-related losses in and out of court under many kinds of policies: cyber policies, general liability policies, tech/media E&O policies and property/business income policies. We helped Sony pursue coverage in the wake of an attack on its gaming network, which resulted in over 60 putative class action lawsuits, and even more recently when Sony Pictures’ network and technology infrastructure was the target of a cyberattack. We continue to represent other clients addressing some of the largest data breaches on record.
We have been representing Credit Suisse in connection with multiple lawsuits brought by monoline insurers who issued financial guarantees on RMBS securitizations, the investment vehicles at the heart of the financial crisis. Our team has brought unique insights to the litigation strategy, drawing on our deep understanding of both the insurance market and the RMBS market (where we are one of the most active law firms), resulting in some of the most important decisions in this area of law.
We were one of the first major law firms active in the field of life settlements. We have extensive experience litigating matters concerning investor-owned life insurance policies – achieving favorable results in state and federal courts in California, New York, Delaware, Minnesota, Florida, Oklahoma, Pennsylvania and Texas, as well as before arbitration panels in New York and California. We manage complex cases arising out of sophisticated premium financing transactions and stop nascent class actions in their tracks. Our lawyers have litigated all aspects of life settlement-related disputes, including insurable interest/STOLI allegations, cost of insurance rate increases, enforcement of contestability clauses, claims of elder abuse, fraud, unfair competition and others.
Most recently, in a major, far-reaching victory for investors in the secondary market for life insurance, we secured an Eighth Circuit decision significantly limiting insurers’ ability to challenge the validity of life insurance policies governed by Minnesota law.
We represent policyholders in claims under commercial general liability (CGL) policies, including environmental, asbestos, product liability, toxic tort and IP claims, to name a few. We work to secure immediate and complete coverage, often resolving even the biggest claims without litigation. When necessary, we have successfully litigated these claims on behalf of our clients to maximize the value of insurance assets.
Clients look to us for advice on policy renewals and the procurement of new or additional coverage. Our team has collectively reviewed tens of thousands of insurance policies and draws on this experience to identify gaps or deficiencies requiring remediation. We stay on top of industry developments, policy forms and court opinions interpreting those forms to ensure that we continue to provide cutting-edge client service. For complex or problematic claims, we help clients assess whether to tender the claim and, in the event of a denial, whether to pursue coverage.
As part of our reviews, we prepare a concise, understandable summary of relevant terms, identify problematic provisions and recommend specific changes that will strengthen coverage. We have found that during the underwriting process, insurers are typically cooperative, and we have had success rewriting policy language and drafting endorsements.
Orrick is one of the top firms we work with and we really enjoy the relationshipOrrick client to Chambers USA, 2017
They are really good and have been great for me, offering a full service and being very proactive.Orrick client to Chambers USA
We were thrilled with the quality of the work.Orrick client to Chambers USA
Top-notch lawyers who provide great customer service and are practical. They understand our business concerns and can help us balance the pros and cons of various paths.Orrick client to Chambers USA
Very knowledgeable with a practical approach and excellent customer serviceLegal 500
They understand our business concerns and can help us balance the pros and cons of various paths.Chambers USA