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Insurance and Reinsurance Litigation

Insurance and Reinsurance Litigation

Some of the world’s largest insurance companies partner with Kasowitz to resolve their most challenging and complicated problems.  Our insurance and reinsurance litigation team has the breadth and depth of trial experience to help our insurance company clients, including senior directors and officers, navigate complex litigations.  We have represented our insurer clients in trial courts, appellate courts and bankruptcy courts, as well as various international and domestic arbitration tribunals. 

Our insurer clients include AIG, AmTrust, Fairfax Financial, MBIA, MetLife, Nationwide and PURE.

Our team has extensive experience in all aspects of insurance-related litigation, including:

  • representing insurers in coverage disputes with policyholders on all matters of insurance policies;
  • representing cedents or reinsurers in reinsurance disputes under facultative and treaty reinsurance;
  • representing insurers in disputes with brokers, TPAs and other service providers;
  • resisting or enforcing arbitration agreements;
  • defending challenges to certain insurance practices or lines; and
  • handling insurance-related consumer class action defense. 

Notable representations include:

  • MBIA, one of the world’s largest monoline insurers, in litigation brought by 18 of the world’s largest banks seeking to overturn MBIA’s corporate restructuring which, with the approval of the New York Department of Insurance (now the Department of Financial Services), established a separate company for MBIA’s municipal bond insurance business.  After a several-week evidentiary proceeding, the New York Supreme Court ruled in favor of MBIA, upholding MBIA’s restructuring.  The banks agreed to drop their challenge to MBIA’s restructuring, and MBIA then received $1.7 billion in cash and a $500 million line of credit for its municipal bond insurance business.
  • Fairfax and Crum & Forster in a $6 billion RICO action against short-selling hedge funds, broker-dealers and others who conspired to engineer a bear raid on Fairfax’s stock by challenging various aspects of its insurance business.  The filing of the action stopped the conspiracy in its tracks and led to a huge increase in Fairfax’s market capitalization.
  • AIG in a dispute with a fortune 100 company concerning coverage for a high profile defamation settlement under multiple professional liability policies. 
  • Nationwide in a dispute with Platinum Partners and several of its executives concerning coverage under a D&O policy.
  • AIG in a dispute with a fortune 100 company concerning coverage for a significant settlement of an antitrust lawsuit under an employment practices liability policy. 
  • AIG in a dispute with a fortune 500 company concerning coverage for an ERISA lawsuit under a fiduciary liability policy.
  • AmTrust in a dispute with a managing general agent concerning issues arising from a taxi and limousine insurance program. 

Highlights 

Chambers USA 2017 Ranks Kasowitz as Leading Insurance Law Firm

Chambers USA 2017 has again ranked Kasowitz as a leading Insurance law firm.  Partner Jerold Oshinsky is described as "highly regarded" and "one of the deans" of insurance.


Legal 500 US 2017 Recommends Kasowitz Insurance Partner Jerold Oshinsky

Legal 500 US 2017 has again recommended Kasowitz Insurance partner Jerold Oshinsky as providing the most cutting edge and innovative advice in insurance litigation.