Insurance and Reinsurance

Riker Danzig's Insurance Group draws on the combined resources of experienced litigators, governmental affairs attorneys and corporate attorneys to bring comprehensive understanding to matters on behalf of the insurance industry. We are consistently ranked in the first tier for Insurance Litigation in New Jersey by Chambers USA: America's Leading Business Lawyers Client's Guide, which notes our "excellent reputation," "efficient staffing of cases," and describes our group as "responsive, efficient and large enough to handle research-intensive cases, as well as offer a carefully tailored approach." Chambers has highlighted Insurance Group chair and firm co-chair Shawn Kelly as "a master in his field." Our Insurance Group was recognized nationally among all U.S. firms in the inaugural edition of the U.S. News & World Report–Best Lawyers rankings of “Best Law Firms.”

We represent our clients in a variety of different insurance related areas, including insurance coverage, reinsurance, corporate litigation, insurance defense, bad faith litigation, insolvencies, intermediary and agency disputes and legislative and regulatory matters. We appear regularly before trial and appellate courts, arbitration panels and governmental and regulatory agencies. Our current and former insurance and reinsurance clients include: Admiral Insurance Company, Alea North America, American Guarantee and Liability Insurance Company, American Centennial Insurance Company, American Income Life Insurance Company, American International Management Association, Assurance Company of America, Berkley Specialty Underwriting Managers, Inc., Brittany Insurance Company, Cambridge Integrated Services, Inc., Camomile Underwriting Agencies Limited, Catalina London Limited, Chubb Group of Insurance Companies, CIGNA, Compagnie D’Assurances, Maritimes Aeriennes et Terrestres S.A., Compagnie Europeenne D’Assurances Industrielles s.a., Continental Insurance Company, The Copenhagen Reinsurance Company (UK) Limited, Crum & Foster Insurance Group, Delta Lloyd Insurance Company Limited, Diamond State Insurance Company, Dukes Place Holdings, L.P., Enstar Group Limited, Enstar (EU) Limited, Enstar US Inc., Euler-Hermes, ACI, Excess Insurance Company Limited, Fairmont Specialty Insurance Company, (f/k/a Ranger Insurance Company), Federal Insurance Company, GLOBAL Reinsurance Corp. of America, Gotham Insurance Company, Great American Insurance Company, Greenwich Street Capital Partners II, :L.P, Greenwich Street Investments II, L.L.C.., Harleysville Mutual Insurance Company, Harleysville Insurance Company of New Jersey, Harleysville Insurance Company of New York, Harleysville Worcester Insurance Company, Harper Insurance Limited (f/k/a Turegum Insurance Company), HDI-Gerling America Insurance Company, Inc., Highlands Insurance Group, Inc., High Point Insurance Company, Hudson Reinsurance Company Limited, Lexington Insurance Company, Liberty International Underwriters, Mitsui Sumitomo Marine Management (USA), Inc., Mutual Marine Office, Inc., National Casualty Company, National Casualty Company of America Limited, New York Marine & General Insurance Company, North River Insurance Company, Penn-America Insurance Company, The Philadelphia Contributionship Insurance Company, PMA Insurance Group, Proformance Insurance Company, Prudential of America Group, River Thames Insurance Company Limited, The Riverstone Group, Seaton Insurance Company, Selective Insurance Company of America, Selective Way Insurance Company, Southeastern Asset Management, Inc., Steadfast Insurance Company, Stonewall Insurance Company, Stronghold Insurance Company Limited, TIG Insurance Company, Toa Reinsurance Company of America, Unionamerica Insurance Company Limited, United National Insurance Company , United States Fire Insurance Company, Universal Underwriters Insurance Company, Zurich American Insurance Company.

We also serve as New Jersey legislative and regulatory counsel to the Reinsurance Association of America.

Practice Areas:

Insurance Coverage A cornerstone of our practice is based upon representing our clients in a broad array of insurance coverage issues. This includes counseling clients on coverage issues, as well as defending them against coverage litigation. Over the years, we have represented our clients in almost every conceivable variety of first and third party coverage disputes including: property, environmental, products, completed operations and ERISA.

We have become expert in choice of law, the application of various policy exclusions, allocation issues and other substantive defenses. We have dealt extensively with claims under products liability, automobile, multi-peril, advertising injury and property policies. Our practice has also given us in-depth exposure to issues unique to primary, excess and umbrella insurers.

Reinsurance Another significant aspect of our insurance group is Riker Danzig’s reinsurance practice, which has developed extensively over the past twenty years. Our diverse representations have given us a thorough familiarity with and understanding of issues peculiar to reinsurance claims, including (1) the custom and practice of facultative and treaty placements, (2) the function, role and importance of reinsurance intermediaries, (3) the structure of reinsurance and retrocessional programs and (4) the ceding and collection of reinsurance recoverables. We have arbitrated or litigated many of the coverage issues that typically arise in connection with reinsurance claims including: occurrence, trigger, follow the fortunes, extra-contractual loss, late notice and good faith. We have also developed extensive experience in the appropriate allocation of underlying claims to reinsurance treaties. Finally, we have been involved in successful reinsurance collection efforts throughout the world.

Corporate Litigation Drawing from a deep bench of litigation talent within the firm, we have successfully litigated and arbitrated a wide range of matters for the corporate law departments of major insurers. Our expertise ranges from the representation of insurers in large scale, “bet-the-company” cases, to the defense of insurance companies in commercial litigation suits to the prosecution of high-value collection matters. The combination of our attorneys’ superior insurance and litigation expertise with our tireless commitment to serving the needs of our clients makes Riker Danzig the firm of choice for litigations and arbitrations both pursued and defended by insurance company-clients.

Insurance Defense As part of its litigation practice, Riker Danzig has extensive experience in virtually all types of insurance defense litigation, including claims arising from professional liability, directors and officers liability, environmental liability, premises liability, homeowner liability and automobile liability, as well as construction defect, workers compensation and other general liability claims. Working closely with insureds and their insurer-claims management groups, we develop case strategies for achieving the dismissal, withdrawal and/or lowest cost settlement of litigation against our insured-clients, and aggressively put into action strategies designed to achieve these objectives. Our efforts have produced a long track record of success and have inspired the confidence of policyholders and insurers alike.

Bad Faith Litigation An unfortunate result of the contentious nature of modern coverage disputes is that bad faith claims have become a common aspect in many of these cases. We have extensive experience in both counseling and defending our insurance clients on bad faith and unfair claims practices violations.

Riker Danzig has been involved in all aspects of bad faith litigation. Recently, through several cases, we have been at the forefront of the developing category of bad faith litigation concerning the duties owed by primary to excess insurance carriers. We have also successfully defended our insurance clients in a variety of cases in which bad faith concepts have sought to be expanded under New Jersey law. We continue to be actively involved in this rapidly evolving area of law so that we may effectively defend our insurance clients.

Insurance Insolvency Our insurance attorneys have been at the forefront of insurance and reinsurance insolvency law in New Jersey. For example, this firm played a leading role in the successful rehabilitation of Mutual Benefit Life Insurance. In that capacity, we negotiated with the National Organization of Life and Health Insurance Guaranty Associations and the State Insurance Commissioner to formulate a successful plan for Mutual Benefit Life’s rehabilitation. Our clients had assets in excess of $3.5 billion dollars deposited with Mutual Benefit Life, which were all recovered as a result of the successful rehabilitation. Our firm has also played a significant role in virtually every liquidation and rehabilitation in New Jersey, including the liquidation of the Integrity Insurance Company and the Pritchard & Baird reinsurance companies.

Insurance Intermediaries and Agency Disputes We are experienced in handling a broad range of sophisticated insurance and reinsurance matters involving insurance intermediaries and brokers. Over the past several years, we have represented major insurance companies in all types of contested matters, including disputes between insurance companies and managing general agents. In one recent matter, we succeeded in collecting more than $1 million in insurance premiums embezzled by a broker, plus interest and attorneys’ fees. We have also represented insurance companies and managing general agents in disputes involving the termination and runoff of claims arising out of such terminations. In addition, we have extensive litigation experience involving brokers and agents, and the differing duties and obligations arising out of such relationships in both insurance and reinsurance contexts.

Transactional We have extensive experience representing insurers and their insurance holding companies in all aspects of finance and corporate transactions including: formations, change of control, mergers, acquisitions, assumptions and reinsurance, private placements, replacement transactions, and surplus and capital notes. In our role as counsel to many insurers, we often negotiate and draft industry agreements including: producer, broker, and agency agreements; operations and services agreements; and cost-sharing agreements.

Legislative and Regulatory We appear frequently before the New Jersey Department of Banking and Insurance on a broad range of insurance regulatory issues on behalf of insurers, reinsurers, captives, pools and self-insured retention programs. We serve as New Jersey legislative and regulatory counsel to the Reinsurance Association of America, a non-profit trade association comprised of professional property and casualty reinsurance companies. Our regulatory practice includes the litigation and appeal of contested cases involving assessments and rate cases and other regulatory matters, as well as constitutional challenges to the State's regulatory authority. We regularly represent insurers in connection with new policies and programs, licensing and market conduct issues. The firm serves as general counsel for one of the fastest growing New Jersey personal lines carriers. We have represented this company in all aspects of doing business in New Jersey, including formation and other regulatory matters, agent contracts, claims coverage issues and corporate transactions.