Our insurance group is comprised of experienced attorneys that have a comprehensive understanding of the industry and the business environment in which our insurance clients operate. Our attorneys represent the interests of insurers in all aspects of their business, including claims counseling, litigation, dispute resolution, reinsurance and policy drafting. Whether the issue involves policy coverage, avoidance of bad faith, representation in arbitration or litigation, reinsurance disputes or drafting policy language, we have the expertise to provide reliable and cost effective solutions.
We regularly advise clients regarding coverage issues involving commercial, personal lines, pollution, professional, primary, umbrella, excess and surplus lines insurance policies, and reinsurance. We provide a comprehensive assessment of the issues and we advise as to what we believe will be the most appropriate and cost effective response to the claim.
We regularly represent insurers in courtrooms throughout the country. We provide a recommended strategy for a cost effective resolution designed to meet the client’s objectives. If discovery is necessary, it will be tailored to the issues at hand with a continual focus on the resolution strategy. Where appropriate, we pursue dispositive motions or settlement.
Our attorneys offer a wide range of counseling, arbitration, and litigation services to domestic and foreign cedents, reinsurers, retrocessionaires, MGAs, and intermediaries. We use our combined insurance industry experience to help our clients anticipate and react to industry trends. We represent clients in cases addressing such issues as late notice, loss adjustment expense, allocation of loss, aggregation, follow the fortunes, claims cooperation, set-offs, and right to associate clauses. We also assist our reinsurance clients through associating in the defense of large complex litigation matters protecting their interests before the resolution of underlying claims.
The best way to handle coverage disputes is avoid them. This can be accomplished by anticipating potential coverage issues at the time that a policy provision is drafted. Our extensive experience with coverage disputes involving many types of insurance is helpful in evaluating policy language and perceiving potential disputes that could arise. When addressing claims issues, we commonly recommend changes in policy wording that could clarify and effectuate the underwriting intent. We also regularly use our expertise to assist our clients in drafting or revising policy language.
We have experienced counsel that provides representation to insurers defending against extra-contractual and “bad faith” claims. Our attorneys have successfully defended clients against bad faith claims across the country, and regularly provide guidance to insurers presented with unreasonable settlement demands or where coverage is in dispute, in an effort to minimize the risk of facing extra-contractual claims. The experience of our attorneys with a wide variety of insurers in the insurance industry gives us the unique ability to evaluate claim handling practices, identify potential risks, and recommend solutions.
Additionally, our corporate attorneys have considerable experience with assisting insurance companies and insurance brokers with complex transactions. We have represented insurance companies with their SEC filings as they prepare to go public and have successfully completed unsolicited tender offers of target insurance companies. Attorneys at the firm have experience with “Form A” regulatory approvals by state insurance regulators of change-in-control transactions. In addition, our attorneys have experience in setting up insurance brokerage operations and are deeply versed in the business of the insurance industry.
News & Press Releases
- Law360, May 28, 2018
- June 22, 2018
- Chicago Lawyer, April 2018
- March 15, 2018
- SmithAmundsen, February 20, 2018
- SmithAmundsen, January 25, 2018
- SmithAmundsen, November 14, 2017
- October 27, 2017
- Crain's Chicago Business, September 15, 2017
- August 15, 2017
- Equality Illinois, August 1, 2017
- SmithAmundsen, January 13, 2017
- SmithAmundsen, November 3, 2016
- Crain's Chicago Business, September 10, 2016
- August 15, 2016
- The American Lawyer, August 2016
- Equality Illinois, July 8, 2016
- Attorney Zachary R. McMichael Joins SmithAmundsen’s Commercial Litigation and Insurance Services Practice GroupsMay 13, 2016
- April 25, 2016
- Above the Law, April 18, 2016
- Above the Law, April 13, 2016
- Patrick Bousquet Receives Missouri Lawyers Award for Largest Settlement in the State of Missouri for 2015Missouri Lawyers Weekly, January 29, 2016
- The Voice, DRI's weekly e-newsletter, September 20, 2017
- July 11, 2017
Presentations & Events
- Bad Faith Nightmares: Recent Trends & Themes in Bad Faith and Extra-Contractual Insurance LitigationHispanic National Bar Association 2017 Annual Convention; Kansas City, MO, September 7, 2017
- Stafford; Webinar, July 12, 2017
- National Business Institute; Seminar; St. Louis, June 2017