Insurance & Reinsurance Litigation

For more than 20 years, clients have relied upon WMD as a recognized leader in insurance and reinsurance disputes and transactions. For the last 14 years, Chambers USA h (a leading independent evaluator of lawyers and law firms) has recognized the Firm’s expertise in insurance and reinsurance disputes, and recently noted that WMD has “[e]xceptionally capable litigators with expertise in insurance and reinsurance matters.” The Firm has experience in all major insurance business lines and industry segments – insurance, reinsurance, captives, runoffs, SPVs. From start-ups to established industry players, WMD provides the unsurpassed breadth and depth of experience our clients need in today’s marketplace.

Representative matters for the Insurance and Reinsurance Litigation group include:

  • The Firm represents MLMIC Insurance Company, formerly known as Medical Liability Mutual Insurance Company (“MLMIC”), a medical malpractice insurance company and a member of the Berkshire Hathaway group of insurance companies, and its officers and directors, in various litigations arising out of demutualization of MLMIC and its subsequent sale to a Berkshire Hathaway affiliate for approximately $2.5 billion: (1) a putative class action filed in New York Supreme Court, King’s County, captioned Castagna, et al. v. Medical Liability Mutual Insurance Company, et al., Index No. 516767/2018, in which the Firm was successful in dismissing the Complaint; (2) a separate action filed in New York Supreme Court, Westchester County, captioned Maple Medical LLP v. Medical Liability Mutual Insurance Company, et al., Index No. 64248/2018, which also was dismissed; and (3) a separate action filed in New York Supreme Court, Nassau County, captioned Neurological Surgery P.C., et al., v. Medical Liability Mutual Insurance Company, Index No. 608889/2019, which is in discovery.
  • The Firm represented an insurance company in an arbitration to enforce reinsurance agreements with respect to a claim in excess of $220 million submitted to it by its insured in connection with the flooding of a facility in Cedar Rapids, Iowa, as well as other locations around the country. The Firm prevailed in virtually every respect of the underlying arbitration, which became public when a motion to confirm the Award was filed in Federal court, which subsequently confirmed the arbitration Award. Minnetonka Insurance Co. v. Lloyd’s Syndicate SJC-2003, et al., No. 11-cv-6592 (DAB) (S.D.N.Y.)
  • The Firm represented AXA Corporate Solutions Assurance, S.A. (“AXA CS”) in an action filed by Liberty Surplus Insurance Corporation (“Liberty”). Liberty asserted claims for declaratory relief, subrogation, and equitable contribution arising out of its settlement of product recall claims by its insured. AXA CS had issued a global excess policy to the parent company of the insured, which covered the parent and all its subsidiaries. Liberty contended that AXA CS’s global excess policy covered the insured’s loss and AXA CS was obligated to reimburse it for substantially all its settlement. AXA CS disputed Liberty’s claims and the Firm prevailed on a motion to dismiss the Complaint, which was affirmed by the United States Court of Appeals for the Third Circuit. Liberty Surplus Insurance Corp. v. AXA Corporate Solutions Assurance, S.A., et al, No. 18-3028 (3d Cir. 2019).
  • The Firm represented various AIG companies in numerous reinsurance disputes arising out of the settlement of asbestos insurance coverage litigations.
  • The Firm represented a leading insurance company in a successful confidential arbitration with its managing general underwriter regarding millions of dollars of disputed commissions.
  • The Firm represented a leading insurance company in connection with arbitrations to collect numerous outstanding balances under a reinsurance treaty.