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Insurance Coverage

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Overview

Since the firm’s founding, insurance companies have turned to Connell Foley to handle a broad array of exposures. Our lengthy and versatile experience in the insurance arena provides clients with the industry knowledge, legal skill and bench strength to take on virtually any matter in connection with insurance coverage law — from straightforward representations to complex, cutting-edge areas of litigation. The depth of our talent is reflected in the consistently strong results we have achieved in state and federal courts, as well as alternative dispute resolution venues.

Full Spectrum of Coverage Issues

Our Insurance Coverage Practice Group routinely counsels, monitors and litigates on behalf of our insurance industry clients with respect to coverage matters arising under a broad range of policies and involving various risks, including:

  • Liability/Casualty coverage
  • Excess coverage
  • Bad faith/extra-contractual
  • Professional risk coverage
  • Environmental risk coverage
  • Property coverage
  • Health care coverage
  • Insurance regulation, drafting and legislation
  • Reinsurance

Industry Leadership

Lawyers in Connell Foley’s Insurance Coverage group are widely regarded among colleagues, adversaries and the bench as leaders in the field. Partner George Kenny and former partner Frank Lattal are co-authors of New Jersey Insurance Law, the standard textbook for New Jersey insurance practitioners. We are also frequent lecturers both in the U.S. and internationally and provide educational seminars on significant legal developments in this constantly developing area of law. In 2017, the New Jersey Law Journal named the firm’s Insurance practice a “Litigation Department of the Year.”

Liability/Casualty Coverage

Connell Foley has long been recognized as a leader in general liability insurance developments and remains at the forefront of the insurance industry’s response to complex and emerging coverage litigation. Our group is comprised of industry-leading professionals with hands-on experience in counseling clients on liability/casualty coverage issues, partnering with claim professionals to address these issues and representing insurers in defending and prosecuting coverage litigation in state and federal courts and alternative dispute settings.

We routinely address all facets of general liability policies, ranging from duty to defend analysis and additional insured disputes to examination of various policy terms, conditions and exclusions. Our lawyers are adept at providing comprehensive and timely responses on a broad variety of liability/casualty risks, including those associated with product liability, professional liability, construction defects, environmental exposures, asbestos matters, toxic torts, mold litigation and class actions, among other areas. This wealth of experience enables our lawyers to understand the specific challenges our clients face in the insurance coverage arena.

Excess Coverage

A significant part of the Connell Foley’s insurance coverage practice involves the representation of insurers facing substantial umbrella and excess insurance coverage exposures. We regularly represent and counsel both domestic and internationally based insurer clients in a broad range of matters and issues, including claims handling, attachment points, priority of coverage and the competing duties and obligations of insurers among various layers and types of coverage.

Bad Faith/Extra-Contractual

Based on Connell Foley’s strong relationships with insurance industry clients, our lawyers regularly consult with and represent insurers in cases involving allegations of bad faith and other extra-contractual claims. We have vast experience analyzing various types of claims and lawsuits and providing concise coverage analysis of issues, particularly with respect to allegations of bad faith. The extensive breadth of our extra-contractual coverage practice enables our lawyers to coordinate with clients to effectively evaluate and defend against bad faith claims by providing advice, support and litigation skills.

Professional Risk Coverage

We routinely represent professional liability insurers in litigation and non-litigated matters, including claims arising from:

  • Directors and officers
  • Errors and omissions
  • Employment practices liability
  • Professional risk policies

Our lawyers are uniquely situated to provide advice and representation with respect to professional liability coverage issues arising from a wide range of professional areas, such as the medical, legal, financial, accounting and real estate sectors.

Property Coverage

Connell Foley’s insurance coverage lawyers provide advice and litigation with respect to various and often complex first-party property coverage issues, including such diverse perils as hurricanes, fires, earthquakes, water damage, mold and terrorism. We are also able to assist insurer clients in investigating and resolving property damage, business income, contingent business income and extra expense claims. Our lawyers evaluate and litigate with respect to complex property issues arising under all types of first-party policies, ranging from approved homeowners policies to high-level excess and/or manuscript policy forms.

Environmental Risk Coverage

In addition to environmental issues arising under liability and casualty policies, our lawyers also address novel and complex insurance coverage issues arising under various environmental and other specialty insurance products, including environmental impairment liability, site-specific pollution liability, contractors pollution liability and environmental professional liability policies on behalf of our insurer clients.

Health Care Coverage

Connell Foley is a recognized leader in providing legal services to the health care insurance industry. Our coverage lawyers work closely with other practice groups to leverage the experience throughout the firm to the benefit of our clients. With extensive industry knowledge and know-how, our lawyers are uniquely poised to advise clients with respect to coverage issues involving health care matters.

Insurance Regulation, Drafting and Legislation

Our lawyers also provide insurers with targeted advice with respect to regulation, drafting and legislation in a complex regulatory environment. This includes the ability to counsel our insurer clients on a wide range of regulatory issues, including compliance, class action disputes and insolvency matters. We have also advised and represented insurers in connection with manuscript policy endorsements and emerging legislation on key coverage issues.

Reinsurance

Our team has represented reinsurers and ceding companies in complex insurance disputes arising under various reinsurance arrangements. Our lawyers provide counsel and litigate on behalf of clients in connection with reinsurance disputes arising from a wide range of underlying risks, assist with respect to various underwriting issues and advise concerning evaluation and resolution of reinsurance and retrocession claims.

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