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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 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 ServicesHinshaw's Insurance and Reinsurance 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:

  • Automobile and Transportation
  • Aviation and Aerospace
  • Builder's Risk, OCIP and Wrap Up

  • Crop and Farming

  • Cyber and Privacy

  • Directors & Officers (private and public entities)

  • Employee Benefits and EBAL

  • Employment Practices Liability

  • Energy

  • Environmental

  • Errors and Omissions

  • Excess and Surplus Lines

  • Facultative Certificates
  • 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 

  • Specialty Policies of Various Types
  • Stop Loss
  • Transactional/M&A Insurance (including representations and warranties, tax, and litigation insurance)

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.

  • Industries: Insurance & Reinsurance
Sarah Anderson
Associate
312-704-3091
Nataliia Artemova
Senior Counsel
813-868-8825
813-868-8863
Reka Bala
Senior Counsel
908-374-0684
John K. Biglow
Associate
612-334-2553
813-868-8880
312-704-3233
Kali E. Campbell
Senior Counsel
813-868-8877
Jennifer Castro
Senior Counsel
954-375-1148
Suzanne Chamberlin
Senior Counsel
908-374-0338
Matthew D. Chamoff
Senior Counsel
954-375-1158
908-374-0343
Luis Colula
Associate
213-614-7364
617-213-7000
Madeline Cook
Associate
212-655-3809
Angela N. Davis
Paralegal
618-310-2378
312-704-3622
Connor T. Flynn
Associate
617-213-7009
Sara Franks
Associate
213-614-7345
312-704-3215
C. Kevin Grim, Jr.
Senior Counsel
954-809-3236
312-704-3629
Angela M. Hess
Associate
504-904-8079
Min K. Kang
Partner
213-614-7312
Kevin P. Kelley
Senior Counsel
312-704-3452
Phoenix: 602-383-6009
Milwaukee: 414-225-4809
Gar N. Lauerman
Associate
312-704-3284
Mai M. Le
Associate
954-375-3738
813-868-8850
David H. Levitt
Of Counsel
312-704-3515
Robert G. Levy
Of Counsel
415-743-3704
813-868-8830
312-704-3281
Ryan E. Michaels
Senior Counsel
954-809-3251
312-704-3630
617-213-7028
Sherief Morsy
Associate
908-374-0339
Daniel On
Associate
415-743-3797
Alex Orlov
Associate
213-614-7310
Laurie Randolph
Of Counsel
312-704-3212
312-704-3955
414-225-4821
312-704-3699
813-868-8839
Ori Shafirstein
Associate
212-655-3834
Petras Sidrys
Associate
813-868-8833
Christiane Sinclair
Senior Counsel
415-393-0130
813-868-8871
Robert E. Wagner
Other Professionals
217-528-7375
Stuart Walker
Associate
312-704-3574
Jonathan M. Yee
Associate
312-704-3815
Michael Zhang
Associate
312-704-3005

Books

Duty to Defend book cover

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.
Download a copy of the guide (PDF).

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).

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 – 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
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