London Fischer LLP is a specialty litigation law firm. One of our practice groups specializes in counseling and protecting the interests of insurers and reinsurers with respect to primary and excess insurance coverage issues and reinsurance matters.

Our insurance coverage and reinsurance practice handles cases throughout the United States and worldwide. We have offices in both New York and California.

Insurance Coverage

We have an extensive insurance coverage practice which specializes in everything from writing insurance policies to obtaining various regulatory approvals concerning policy wordings, and litigating coverage issues. We represent the interests of numerous U.S. Domestic and Foreign primary and excess insurers. We are currently representing excess insurers in the World Trade Center liability coverage matters, and other high profile coverage cases have involved the silicone breast implant litigation and the environmental coverage disputes concerning the airline industry. We have deep experience in all aspects of insurance coverage including reservations of rights and disclaimers, declaratory judgment actions and money damage coverage claims, and insurance fraud cases. While most of our cases are venued in New York State and California, we regularly handle coverage matters of national significance in every state.

Our coverage expertise includes claims on all aspects of the insuring agreement, policy exclusions, policy conditions and policy endorsements. Many of our cases have resulted in reported decisions concerning duty to defend, insurance procurement obligations, additional insurance and late notice issues. Attached is a New York Appellate Court victory concerning a declaratory judgment case involving the construction industry. We regularly handle environmental and toxic coverage issues, and attached are two cases which we have successfully litigated for aviation insurers concerning the pollution exclusion and additional insured status issues.

The national scope of our coverage practice is illustrated by the U.S. District Court decision out of the Southern District of Florida concerning our use of the Federal Declaratory Judgment Act on behalf of insurers.

We regularly handle coverage issues concerning endorsements which modify the policy insuring agreement. Attached is a reported decision concerning an insuring agreement interpretation.

Our reputation in the coverage area has resulted in our being quoted in a number of insurance articles on coverage. Enclosed are two articles concerning bad faith developments which referenced our law firm. Business Insurance Article on Insurer Bad Faith. Business Insurance Article on Bad Faith Awards.

Insurance Regulation Practice

We represent insurers in a broad range of regulatory matters. We maintain strong relationships with the various state regulators and we are active in the industry professional meetings including the National Association of Insurance Commissioners (“NAIC”) national meetings. We represent clients in all segments of the insurance industry including property and casualty insurers, reinsurance companies and intermediaries, managing general agents, lenders, liquidators, and accident, life and health insurers.

Representative insurance regulatory matters about which we are regularly engaged include:

• Formation of insurers and conduct of multi-state or national licensing programs; representation of insurance holding company members in intercompany transactions and all Holding Company Systems Act matters.
• Product development, including insurance policy wordings and state insurance department approvals.
• Representation of licensed insurers in market conduct examinations and general State regulatory compliance matters.
• General assistance to non-insurers such as banks, securities firms and other financial institutions seeking to participate in the insurance market place.
• Advice on insurance company financial transactions, including reinsurance commutations, transfers and assumptions of business, statutory investments, securities leasing and financial reinsurance.
• Advice to businesses on captive insurance and other risk retention methods; formation and licensing of insurance producers, managing general agents and reinsurance brokers.
• Drafting and negotiation of producer and managing general agent agreements.
• Advice to non-U.S. insurers with specific focus on the regulation of surplus lines insurance and reinsurance.
• Representation of non-U.S. insurers in obtaining and maintaining multi-state eligibility listings.
• Preparation of U.S. trust fund agreements and letter of credit arrangements.
  

Reinsurance Practice

We regularly counsel U.S. and non-U.S. reinsurers on contract wordings and reinsurance contract disputes. We are engaged in many of the high profile reinsurance disputes, including our recent conclusion of the cedant side of the Unicover matter.

Our reinsurance practice has established important reinsurance case law. Mentor Insurance v. Norges Brankasse is a leading follow the fortunes decision we received from the Second Circuit Court of Appeals. Attached is a front page story from Business Insurance reporting on our reinsurance victory.

We regularly assist foreign liquidators of reinsurers and insurers. We have expertise in obtaining and enforcing Section 304 Bankruptcy Court orders. Our attorneys are experienced with reinsurance suits involving managing general agents and directors and officers of insurers and reinsurers. We represent reinsurers and cedants in all types of treaty and facultative arrangements.