For six decades, Strasburger's insurance law experts have represented primary and excess insurers and reinsurers in complex litigation before state and federal courts as well as before arbitration panels. Yet we recognize that litigation is often best avoided, so we devote significant energy to counseling clients in how to do exactly that.

Our more than 40 insurance lawyers have extensive experience in a range of insurance matters. We have been involved in the conception of specialty insurance programs and have provided critical assistance with large claims that implicate multiple layers and periods of coverage. Strasburger's experience extends to evaluating underwriting standards, drafting insurance policies, complying with regulations, formulating coverage opinions, and advising on claims-handling procedures to avoid extra-contractual exposure.

We also represent insurers in a broad range of commercial litigation matters, including antitrust and civil RICO, class actions, labor and employment, and market conduct.

In selected matters, Strasburger:

• Defeated nationwide class certification and obtained summary judgment on all claims in a Lanham Act false advertising suit seeking disgorgement of insurer's profits and an injunction to prohibit certain advertising or request additional disclosures.

• Secured first dismissal among 15 defendants, without payment, in nationwide class action filed by California non-profit patient advocacy association seeking coverage of proton beam therapy for prostate cancer, as reported in the Los Angeles Times.

• Obtained a unanimous "take nothing" arbitration award on behalf of a reinsurer of an insolvent Texas insurer in connection with reinsurance for four catastrophic injury claims asserted by the receiver for the insolvent ceding company.

• Obtained a declaration on behalf of a commercial auto carrier that insurance of punitive damages is against Texas public policy, precluding coverage for those damages even though not expressly excluded by the policy. Hartford Casualty Ins. Co. v. Powell, 19 F.Supp.2d 678 (N.D. Tex. 1998).

• Won a "take nothing" jury verdict on behalf of a servicing carrier for the former Texas Workers' Compensation Assigned Risk Pool, which was accused of mishandling and overpaying claims. William Barrett Travis, et al. v. The Hartford Ins. Group, et al., Cause No. 92-12248-J, 191st District Court, Dallas County, Texas.

• Obtained and upheld a summary judgment that an insurer that agrees to settle a claim for "policy limits" has no obligation to pay prejudgment interest in addition to the stated limit of the policy. Miller v. Twin City Fire Ins. Co., Cause No. 07-98-0061-CV (Tex.App.—Amarillo, January 11, 1999, no writ) (unpublished).

• Successfully sued Texas State Board of Medical Examiners on behalf of health insurer and its medical director, preempting proposed disciplinary action with ERISA, as covered by the New York Times and Bloomberg Business News.

• Won declaratory judgment that insurer was not responsible for multiple, substantial oilfield claims which had been settled by the insured without consent, after persuading the court that the insurer had been prejudiced by such settlements.

• Assisted insurer in resolving devastating injury claims suffered in a construction accident, within policy limits, despite substantial indemnity claims and extra-contractual exposure.

• Counseled insurer on the scope of potential claims arising from a developing mass tort so insurer could make informed decision about whether to continue the lines of business, as well as whether exposure could be minimized with exclusionary endorsements.

• Favorably resolved excess carrier's multiple year exposure to numerous continuous injury claims, applying appropriate theories of exhaustion, allocation, and trigger.

• Persuaded insured to dismiss suit seeking coverage for millions expended in remediating pollution site based upon applicable exclusions in multiple policies.

• Obtained dismissal of putative statewide, 15,000-member class action by compelling arbitration of breach of contract and fraud claims asserted by physician against health insurer.

• Obtained and upheld a summary judgment of no liability on behalf of an excess carrier on the basis that each underlying claim arose out of a separate "medical incident" within the insured's SIR. Harris Methodist Health System v. Employers Reinsurance Corp., No. 3:96-CV-0054-R, 1997 WL 446459 (N.D. Tex. July 25, 1997) affirmed, 149 F.3d 1179 (5th Cir. 1998).

• Obtained an order from a federal trial court compelling the receiver of an insolvent insurer to arbitrate the receiver's claims against a reinsurer. See Howard v. Everest Reinsurance Co., U.S. District Court, Western District of Texas, Austin Division, No. A96-CA-585SS, 3/25/98.

• Obtained a holding from the Texas Supreme Court in United States Fire Ins. Co. v. Williams, 955 S.W.2d 267 (Tex. 1997) that an insurer cannot be liable for bad faith simply because it misinterprets a rule or regulation where the insurer's interpretation is arguable and not legally groundless.

• Obtained complete defense verdict in a jury trial of a toxic tort case against an insurance company based upon claims of negligent provision of engineering services.

• Obtained a favorable appellate court ruling that a reinsurer did not violate an injunction prohibiting claims against the receiver when it removed the receiver's suit to federal court and moved to compel arbitration. See Everest Reinsurance Co. v. Howard, No. 03-97-0035-CV, Austin Court of Appeals, 3rd District, 1997.

• Obtained a temporary restraining order and temporary injunction on behalf of an insurance company to enforce a non-solicitation clause in its contract with a former underwriting manager.

• Assisted insurer in recovering funds from a Native American Tribe under ERISA in federal court in Connecticut, avoiding tribal court jurisdiction in Arizona and sovereign immunity defense.

REPRESENTATIVE CLIENTS

Our insurance practice represents and counsels some of the nation's largest insurers and reinsurers:

Allianz Insurance Company Aegon Insurance Co. (UK) Ltd. AIG Allstate Life Insurance Co. California Union Insurance Co. Century American Insurance Co. CHUBB Group of Insurance Companies Employers Mutual Casualty Co. Employers Reinsurance Corporation Everest Reinsurance Company Federated Insurance Companies General Accident Insurance Co. Golden Rule Insurance Company Gulf Insurance The Hartford Kansas City Life Insurance Co. Kemper Insurance Co.

Lloyd's — various syndicates and insurance companies Mt. Hawley Insurance Co. Progressive Casualty Insurance Co. Reliance National Insurance Co. Republic Insurance Co. RLI Insurance Co. Safeco/American States St. Paul Insurance Company Transamerica Insurance Group The Travelers Group Universal Underwriters Group Utica National Insurance Group U.S. Fire Insurance Co. Virginia Surety Co., Inc. Winterthur Swiss Insurance Co. Zurich Insurance Company

INSURANCE LAW SERVICES

Coverage and Underwriting Advice

Strasburger's coverage attorneys help clients identify and analyze coverage issues, advising prior to issuance of the policy and throughout the course of coverage litigation, including any appeal. Many of our insurance clients serve specialty markets such as risk pools, governmental liability, and professional errors and omissions. Our experience in analyzing and efficiently researching the legal issues arising in those markets can help underwriters formulate coverage proposals that protect the carrier and the potential insureds. Strasburger then works closely with the underwriters, assisting with the drafting of coverage documents in unique and difficult markets.

Our experience in drafting and reviewing coverage documents and endorsements helps carriers limit unintended coverage or gaps in coverage. Once the coverage documents are in place, Strasburger's coverage attorneys address issues raised by a range of property and casualty, life, health, and accident policies — including primary and excess policies, as well as reinsurance treaties, and facultative certificates. Our coverage opinions provide clients with options, even in the difficult claim. Strasburger also guides carriers through myriad administrative and statutory issues such as premium rating, surplus lines, and forms approval.

Insurance Litigation

Strasburger routinely represents insurance carriers in complex first-party and third-party coverage disputes, including those involving claims of bad faith, deceptive trade practices, insurance code violations, and insurer negligence. We have also been involved in significant market conduct litigation, ranging from agent misrepresentation to compliance issues.

Strasburger's insurance attorneys have experience that spans a number of fields, including antitrust, construction, drug device and biotech, employee benefits, environmental, fidelity and surety, managed care, personal injury, products liability, and professional liability. We regularly publish and lecture in these areas and stay abreast of emerging issues — such as mold claims — that threaten our clients' bottom lines.

Strasburger is responsible for a number of published decisions, having tried insurance disputes for more than half a century. In fact, several of our lawyers' trial accomplishments have been recognized by admittance into the American College of Trial Lawyers.

Reinsurance and Excess

Our long-time representation of insurance carriers has, over the years, expanded into more specialized areas of excess and reinsurance coverage. Our attorneys represent the interests of numerous excess carriers by monitoring and reporting the activities of primary carriers and counsel hired by them, as well as by protecting the excess carrier's interests in coverage litigation. Strasburger also represents various ceding carriers and reinsurers, both facultative and treaty, in disputes regarding reinsurance coverage in court and before arbitration panels.

Insurance Liability Defense

Our attorneys also have extensive experience in defending insureds covered by liability insurance. We routinely defend insureds in areas including construction, drug, device and biotech, employee benefits, energy, environmental, fidelity and surety, governmental law, health law, intellectual property, personal injury, products litigation, professional liability, and transportation.

Other Commercial Issues

Insurers often have issues unrelated to coverage documents for which counsel is needed. We have attorneys in other practice groups who can help. Like other businesses, insurers may need attorneys with expertise in antitrust, appellate, bankruptcy, business and commercial litigation, corporate and securities, employee benefits, environmental, financial services, information technology, labor and employment, real estate, construction, and tax. Strasburger is uniquely positioned to assemble a team to meet these needs, combining our business law expertise with our understanding of the insurance industry.

Applied Knowledge Acquired Experience

We have represented more than 120 insurance companies in thousands of claims — from initial investigation through discovery, trial, appeal, and settlement.
  

     
PRACTICE AREA LEADER  .  PRACTICE AREA MEMBERS
OVERVIEW OF PRACTICE AREAS

DISCLAIMER © STRASBURGER & PRICE, LLP
All Rights Reserved