Insurance

ULC and affiliates have acquired deep experience in insurance and reinsurance litigation and arbitration, addressing issues of importance to the parties directly involved, as well as to the insurance industry as a whole. We act in the establishment of insurance and related businesses including obtaining any necessary authorizations or registrations also advising in respect of insurance claims. In addition, we assist insurance company clients on project finance, investments, litigation, and other advisory work. As a result, we have been chosen to represent a number of insurance industry groups and associations in litigation of industry-wide significance.

ULC and affiliates provide advice in all areas of Insurance Law from drafting insurance contracts, litigation and arbitration of insurance companies including settlement of disputes, assessment and filing of claims.

The firm’s insurance team advises clients on contentious and non-contentious issues as mentioned above. We also represent insurance companies at the trial and appellate stages in Tribunals and other forums.

Twenty years ago, reinsurance disputes were few and far between. Differences of opinion over whether a specific outstanding balance was payable were resolved through business solution and compromise. The rare controversy which led to arbitration usually involved discreet and limited issues. When they occurred, disputes were submitted for the quick and efficient judgment of a convened panel of reinsurance professionals, and the overall business relationship continued forward as an "honorable engagement" among the parties.

Unfortunately, that is no longer true. The business is more complicated, with new market forces, increased competition, additional financial pressures, more financial restrictions, impairment and insolvencies, varied business models and increased regulatory oversight. Many reinsurers' unwillingness or inability to pay promptly have become a constant pressure and an inevitable aspect of doing business. No longer are disputes isolated, restricted or restrained. Today, reinsurance collection efforts are difficult, time-consuming and costly. Bases for non-payment spring from every aspect of the reinsurance relationship. The issues cut across lines of business, business models and implicate more and different issues.

ULC lawyers prosecute and defend "high stakes" coverage litigation in federal, state and bankruptcy courts in all phases of pretrial, trial and appellate litigation. Additionally, we represent our clients in alternative dispute resolution proceedings, including direct party negotiations, mediation and arbitration. We have successfully litigated, on a national basis, some of the highest-exposure cases our clients face.

While ULC’s insurance coverage practice is composed first and foremost of litigators, we also counsel clients on coverage questions, policy drafting and coverage-in-place or defense agreements in an effort to avoid litigation.

ULC’s experience in insurance coverage, reinsurance, bad faith, insurance regulation and transactional practices meet the diverse needs of clients in the insurance industry.

Increasingly, statutory and common law bad faith claims against insurers have become a common component of insurance coverage disputes. Such claims can pose significant extra-contractual exposure to an insurance company regarding its day-to-day claims handling conduct, or otherwise call into question policies and practices which apply beyond the individual policyholder.

Over the years, ULC has counseled insurance companies on the proper method of responding to and handling claims, as well as defended numerous carriers against claims of bad faith arising from accident and health, life, property, casualty, and reinsurance products in numerous jurisdictions.

ULC's ability to provide service in this particular area arises not only from knowledge of the legal and regulatory framework within which insurance carriers must conduct themselves, but also from regular involvement in the investigation, adjustment, and defense of insurance claims generally.

Practice Spotlight

Acquisition and / or sale of insurance companies

Corporate reorganization

Regulatory approvals and advising on foreign direct investment in insurance, pre-post-entry compliances