Loeb & Loeb's Insurance Practice Group offers a wide range of counseling and litigation services to a diverse group of clients – from leading insurers, reinsurers and insurance brokers, to insureds from virtually every business sector. Our national practice brings a wide variety of experience to the table, from advising clients on coverage and exclusions, to handling insurance and reinsurance disputes and arbitrations in jurisdictions throughout the country.
Our attorneys regularly help insureds interpret policies, analyze coverage, determine where coverage is lacking and, where appropriate, establish or pursue coverage for claims brought against them. We assist both insurers and policyholders in rendering coverage opinions and handling difficult placement issues. We also represent insurers, insureds, brokers and intermediaries in all manner of contentious insurance claims. Loeb & Loeb has been approved and retained by leading insurance carriers to represent their insureds in defense of claims, and we have been successful in working out creative split fee arrangements with insurance companies and their policyholders.
When disputes arise, we strive to achieve a favorable outcome for clients outside of the courtroom, through mediation and alternative dispute resolution proceedings. When litigation is unavoidable, our seasoned trial attorneys aggressively prosecute and defend claims in federal and state courts throughout the country. In addition to handling a wide variety of commercial general liability insurance matters, our broad insurance capabilities and experience extend to the following disciplines:
As recognized leaders in title insurance law, Loeb & Loeb represents most of the industry’s leading title insurers, including Fidelity National Title, Chicago Title, Commonwealth Land Title, Lawyers Title, First American Title, Stewart Title Insurance Company, and Old Republic Title, among others, in issuing and evaluating title insurance policies, rendering coverage opinions and resolving title disputes on behalf of their insureds. We also represent title insurance carriers in coverage disputes and in response to claims brought against them. Our attorneys have substantial experience handling all aspects of title litigation arising from insurer liability and title insurance coverage claims of every nature and description.
Broker Liability Insurance
We represent one of the world’s largest insurance brokers in a variety of contexts, including enforcement of restrictive covenants actions and claims alleging broker liability in connection with errors and omissions coverage. Our attorneys have been involved in defending a wide range of professional liability claims on behalf of our broker clients. From the negotiation table to the courtroom, we are strong advocates for our insurance market intermediaries.
Insurance coverage has proven to be an important vehicle for reducing the cost of litigation and, ultimately, the cleanup of contaminated properties. We regularly represent insureds in negotiating policy terms, filing environmental claims for defense and indemnification costs under comprehensive general liability insurance policies, and have successfully secured defenses and settlements for numerous clients in complex environmental insurance coverage claims.
Property and Casualty Insurance
Our practice encompasses the full spectrum of property and casualty insurance coverage issues and disputes. We have defended claims involving major commercial property damage and business interruption losses, product and inventory losses, and disputes relating to the scope of coverage and exclusions thereto, among others.
Directors and Officers Insurance
Our attorneys have experience litigating and arbitrating a variety of disputed Directors and Officers (D&O) insurance liability claims. We advise clients on all aspects of D&O insurance, including issues related to complex corporate transactions, securities litigation and government investigations.
We also have extensive experience in representing insurers and reinsurers in disputes relating to the scope of coverage under both facultative and treaty policies.
Our experienced insurance attorneys understand the business issues, and are able to anticipate problems and provide solutions to our clients to avoid or mitigate insurance claims, losses or damages. We draw upon the full resources of the firm across several practice areas, including collaboration with professionals in our Real Estate; Corporate; Environmental; Consumer Protection Defense and Unfair Competition; Capital Markets; Patent Litigation and Bankruptcy, Restructuring and Creditors’ Rights Groups.
Representative matters include:
- Representation of Willis, one of the world’s largest insurance brokerage firms, in matters involving property and liability insurance claims relating to the World Trade Center and the events of 9/11.
- Representation of Lehman Brothers in establishing the priority of its $250 million mortgage financing facilities for 25 Broad Street, N.Y., over the claims of unpaid mechanic’s lienors.
- Representation of Macy’s and Lord & Taylor in a dispute relating to the adequacy of their liability insurance coverage under long-term property leases.
- Representation of the Amsterdam Hospitality Group in establishing title to disputed hotel properties.
- Representation of the Hudson Group in successfully defending the transfer of development rights by the United States Post Office in connection with the construction of a dormitory facility in the East Village.
- Representation of major real estate developers in overcoming deed restrictions relating to an Episcopal Church in Maspeth, Queens, and to a large condominium project in Far Rockaway, Queens, thereby enabling residential development of the properties.
- Representation of Willis in defense of an error and omission claim asserted by PepsiCo in connection with alleged exclusions in a property insurance policy placed through Lloyds of London.
- Representation of JPMorgan Chase Bank, N.A. with regard to claims for insurance coverage for alleged environmental liabilities associated with the BKK Landfill in West Covina, California.
- Representation of a major national bank in successfully defending against claims of lack of authority in connection with the execution by corporate representatives and members of limited liability companies of multi-million dollar land development mortgage loans.
- Representation of first, second and third lien creditor groups to preserve priority of $425 million deeds of trust secured by a 2,700-acre California planned community development.
- Representation of an administrator of self-funded employee benefit plans in a variety of litigation matters, including defense of allegations involving RICO violations, failure to pay claims, breach of confidentiality and non-compete agreements, and breaches of administrative services agreements, as well as matters concerning bidding for public contracts, state licensing issues and stock option agreements.
Clients and Industries
Loeb & Loeb’s Insurance Practice Group works with major insurance companies, brokers and intermediaries, as well as policyholders from a broad range of industries, including real estate, financial services, retail, entertainment and media, advertising and technology, among others. In the healthcare field, we also have extensive experience representing Third Party Administrators and Claims Administrators for self-funded employee benefit plans.