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Practices
Insurance Practices
The most complex and high-stakes legal challenges facing the insurance industry demand the highest level of expertise, delivered by a coordinated team across all areas of insurance law. Sedgwick’s insurance practice is organized into subgroups involving attorneys from each of Sedgwick’s offices in the United States, Europe and our associated office in Bermuda. When litigation is necessary, we vigorously represent our client’s interests. The insurance attorneys in each of our substantive practice groups try coverage and bad faith matters in state and federal courts throughout the United States and in various international tribunals. Our regulatory attorneys work with various states’ insurance departments to assist our clients in meeting their goals and, as necessary, litigate before administrative law judges.
The most complex and high-stakes legal challenges facing the insurance industry demand the highest level of expertise, delivered by a coordinated team across all areas of insurance law. Sedgwick’s insurance practice is organized into subgroups involving attorneys from each of Sedgwick’s offices in the United States, Europe and our associated office in Bermuda. When litigation is necessary, we vigorously represent our client’s interests. The insurance attorneys in each of our substantive practice groups try coverage and bad faith matters in state and federal courts throughout the United States and in various international tribunals. Our regulatory attorneys work with various states’ insurance departments to assist our clients in meeting their goals and, as necessary, litigate before administrative law judges.
Together, the firm’s insurance-related practice groups comprise one of the largest international insurance industry teams of trial attorneys and policy advisors dedicated to the institutional concerns and success of insurance carriers. This team also works seamlessly with our corporate practice attorneys to provide advice and assistance to our insurance industry clients with respect to structuring and negotiation of mergers, acquisitions, divestitures and financings and the regulatory issues associated therewith.
Admiralty
Sedgwick’s admiralty attorneys represent a wide variety of port, marine and offshore energy companies and insurers. Our Admiralty Practice Group regularly counsels energy and marine insurers as to coverage issues and policy content. We routinely advise our clients on a wide variety of marine and energy policy forms including hull, marine general liability, protection and indemnity, maritime employers’ liability, energy package policies, builders’ risk, business interruption, operators’ extra expense and loss of production income.
Aerospace
Sedgwick’s Aerospace Coverage Practice provides legal services to domestic, London market and other international insurers serving the aerospace industry. These services include policy and endorsement drafting, review of coverage issues and the rendition of coverage advice, and prosecution and defense of coverage litigation and bad faith claims. Our attorneys represent clients in litigation and advise them on matters involving a wide variety of coverage forms, including first-party hull coverages, aviation products liability, aircraft (third-party) liability, contingent coverages, hangarkeepers and premises liability, airport liability, personal injury liability, war coverages, deductible policies, excess coverages, reinsurance, and space insurance forms.
Bankruptcy Services
More and more, the insurance industry finds itself confronting situations with policyholders, vendors and others who are in financial distress and avail themselves of the protections of U.S. bankruptcy laws. We provide comprehensive bankruptcy counseling and litigation services to assist our insurer clients in enforcing policy rights, litigating coverage defenses, mitigating risks and minimizing loss exposure, and maximizing recoveries in bankruptcy cases, insolvency proceedings and related litigation. We have extensive experience prosecuting and defending adversary proceedings and contested matters in bankruptcy courts, negotiating settlements in bankruptcy cases and related litigation, and litigating bankruptcy specific claims and defenses, on behalf of our insurer clients and their policyholders. Our bankruptcy and creditors’ rights attorneys also work closely with our corporate attorneys to assist clients with issues related to workouts and restructurings, and to provide strategic advice and counseling with respect to vendor or supplier insolvencies.
Casualty Coverage
The attorneys in the Casualty Coverage Group advise insurers on many complex policy coverage issues presented in claims made by regional, national, and multinational companies on issues as varied as intellectual property, technology, environmental, toxic tort, construction defects, land movement, employment, defamation and disparagement, and many other types of business losses. Our attorneys are experienced in interpreting primary and excess third-party liability policies of all types, including commercial general liability, manuscripted policies, umbrella, and excess coverages. We maintain an extensive coverage library and computer database of coverage case law, and we utilize state-of-the art research technology to keep updated on the latest developments in insurance law.
Climate Change Coverage
Climate change or global warming is one of the top legal, political and economic issues of our day. Insurers around the world have already been significantly impacted by property losses, increased regulation and the changing preferences of consumers and investors relating to climate change. Additionally, some commentators describe climate change as the most serious future risk to the insurance industry. As a result, it is becoming ever more important for insurers to understand and address the risks and opportunities arising from climate change.
Sedgwick attorneys advise domestic and international insurers on complex climate change issues, including potential exposure to insurers and their insureds, the developing legal and regulatory landscape and new product opportunities in this area. Our broad and deep experience in the insurance industry allows us to counsel our clients on a wide range of emerging climate change issues and protect their interests in related coverage and bad faith litigation and property and casualty coverage claims across the United States.
Directors & Officers
The Directors & Officers Group is made up of a unique combination of attorneys who are experts in directors and officers liability, commercial insurance, and corporate law. Our attorneys represent insurers in all aspects of directors and officers liability claims, including the preparation of coverage opinions, claims investigation, litigation, and trial. Our attorneys handle cases involving the liability of directors and officers of financial institutions, technology companies, healthcare facilities, and leasing companies, among others. We counsel insurers on claims handling procedures and loss prevention, and assist with the drafting of directors and officers policies. Sedgwick serves as supervisory and monitoring counsel for several national directors and officers liability programs.
Employment Practices Liability Insurance
Sedgwick’s attorneys provide the firm’s insurance clients with sophisticated representation, both in analyzing coverages and defending insurers in coverage disputes throughout the country, on matters involving employment practices liability insurance policies. In light of the tumultuous economic times and its impact on the workforce, our attorneys are busy working with our clients in resolving coverage issues arising out of a panoply of employment matters, such as employment discrimination, sexual harassment, wage and hour disputes, WARN Act claims, claims involving reductions in force, claims under federal and state employment statutes, and employee class actions.
Environmental Coverage
Sedgwick represents domestic and international insurance clients in coverage matters involving pollution liability, toxic tort, asbestos, silica and health hazard claims. Our attorneys advise insurers and litigate coverage disputes regarding large-scale environmental claims under pollution legal liability, cost-cap and blended professional liability programs, as well as general liability policies.
Sedgwick provides coverage and litigation counsel in pollution matters involving soil and groundwater contamination arising out of oil and gas production fields and refineries, manufacturing facilities, a major fertilizer spill, leaking waste water ponds, railroad contamination and leaking underground storage tanks. In addition, Sedgwick attorneys serve as national coordinating coverage counsel under pollution liability programs for claims arising out of MTBE contamination, and airborne contamination claims arising out of the September 11 terrorist attacks.
Extracontractual/Commercial Insurance Litigation
Sedgwick offers a wealth of experience and expertise in representing the insurance industry in courts and other tribunals domestically and internationally. The lawyers who work in the firm’s Extracontractual/ Commercial Insurance Litigation Group apply their extensive expertise in insurance matters in an aggressive yet thoughtful approach to the new challenges facing the insurance industry. In addition to litigating coverage disputes involving all aspects of property and casualty primary and excess insurance and reinsurance, Sedgwick has significant experience defending bad faith litigation, class actions and other representative or private attorney general types of actions (such as Calif. Bus. & Prof. Code §17200 claims). Our attorneys also regularly handle commercial litigation for the insurance industry, including disputes with managing general agencies and disputes regarding premiums.
Fidelity
Sedgwick has an international reputation for prominence in fidelity law. For more than two decades, Sedgwick attorneys have been investigating, negotiating and defending claims involving fidelity insurance. The Fidelity Group handles cases involving employee dishonesty, lending losses, security thefts, safe-deposit burglary, computer crime, and closed bank/savings and loan litigation. In addition to legal representation in situations of loss, the group counsels insurers on policy coverage issues. Our attorneys also assist clients in drafting policy language and have participated in developing policies for special risks. A member of the Fidelity Group helped prepare the first computer crime policy, and some major changes in fidelity insurance policies are the result of our recommendations.
International Counseling & Arbitration
Sedgwick’s International Counseling & Arbitration Group is comprised of attorneys from the firm’s offices in Europe, Bermuda and the United States. Attorneys in the group have significant expertise in dispute resolution between entities with multinational interests, whether the method of resolution is arbitration, mediation or expert neutral evaluation. Commercial arbitration is a particular feature of the group’s activities, whether under the rules of the International Chamber of Commerce (ICC), the English Arbitration Acts, or otherwise. In conducting arbitrations in London and Bermuda, in particular, our attorneys provide clients with the benefit of firsthand knowledge of those jurisdictions. Complex coverage work for insurance and reinsurance clients and expertise in international employment law are also part of the Sedgwick international service. With offices in Bermuda, London and Paris, in addition to those in the United States, our attorneys offer local and international expertise to our clients, wherever in the world they may be situated.
Life, Health & Disability
The lawyers who work in the firm’s Life, Health & Disability Insurance Group regularly provide counseling and handle litigated disputes involving all aspects of life, health and disability insurance. We represent insurers in the defense of claims made under ERISA-qualified plans, particularly in the areas of long-term disability insurance, vigorously defending our clients’ interests in federal courts throughout the United States. Our attorneys provide comprehensive analyses of the sufficiency of plan decisions to deny benefits, and very often are able to resolve such disputes on summary judgment. In addition to our extensive ERISA practice, we provide counseling and aggressive defense to our clients on non-ERISA insurance matters, including various life insurance, health insurance, disability insurance as well as annuities products. Our attorneys litigate claims alleging policy breach and breaches of the covenant of good faith and fair dealing, suitability claims, misrepresentation and rescission issues, as well as disputes involving brokers and broker dealers, and between insurers.
Managed Care
Sedgwick’s extensive insurance background uniquely positions the firm’s Managed Care Group to investigate, analyze, strategize and litigate healthcare disputes. For more than 20 years, our attorneys have represented the interests of excess insurers within the context of a healthcare liability claims program. Through our management of more than 25,000 claims across the United States, we can efficiently and effectively identify the most advantageous strategy for guiding claims to resolution. We represent our healthcare clients in all litigation matters and advise them in their various activities, including labor and employment compliance with standard federal regulations, and business transactions. Our attorneys collaborate with many clients to draft insurance claims guidelines and policy language to underwrite the new world of managed care, which provides a major advantage when disputes arise. Our managed care attorneys frequently are selected to serve as monitoring counsel for insurers and insureds on matters involving medical malpractice, benefits disputes, directors and officers liability and professional liability.
Policy Drafting/Advice
Sedgwick attorneys in Europe, Bermuda, and the United States have drafted everything from manuscripted policies for global companies to homeowners’ insurance forms. Attorneys in the Policy Drafting/Advice Group work with underwriters extending innovative coverage for unusual risks such as credit reporting errors and omissions, songwriters and music publisher programs, model captive reinsurance agreements, charity and pension trustee risks, IPO risks and “after the event” contingency policies. In addition to drafting contract forms and endorsements, our experienced insurance attorneys also assist clients to vet their more innovative products, examining them with an eye toward clarity and enforceability, using our in-depth knowledge of some of the more difficult forums for insurance clients. Similarly, our attorneys develop policy language or vet existing products for some of the most challenging risks, including many forms of directors and officers coverage, nursing home policies, sexual abuse cover, cyber risk cover, construction defect cover, IP cover, terrorism and the restructuring/merger/breakup of policyholders.
Professional Liability
For years, professionals and their insurers have turned to Sedgwick’s Professional Liability Group for advice and representation. The group’s practice, which is international in scope, includes all the services that solution-oriented attorneys should provide to professionals and their insurers: policy drafting and interpretation, counseling and advice, loss prevention, representation in litigation and dispute resolution. Our attorneys provide coverage advice for professional liability insurers; in particular, members of the group have extensive experience interpreting policies relating to healthcare. The group’s defense work includes advising and defending attorneys, accountants, design professionals, architects and engineers, real estate agents and brokers, insurance agents and brokers, certified financial planners, investment advisors, registered representatives, security broker-dealers, doctors and other professionals in claims involving professional liability insurance. We represent insureds ranging from national organizations to sole practitioners.
Property Coverage
The lawyers in Sedgwick’s Property Coverage Group regularly provide coverage advice, counseling and litigation services for primary and excess commercial property insurers. Our attorneys advise on many complex first-party policy coverage issues important to the insurance industry, including claims arising from such diverse perils as fire and terrorism, earthquakes, hurricanes and other natural disasters, water damage and mold. The group also has experience assisting clients in investigating and resolving business interruption claims and conducting fraud and arson investigations. These matters have included numerous disputes stemming from California earthquakes and wildfires to Hurricanes Katrina and Rita.
Regulatory Matters
Our attorneys counsel both property/casualty and life/health insurers on regulatory issues such as compliance, rate making, enforcement actions, insurance company mergers and acquisitions, and affiliate transactions. Sedgwick attorneys also provide clients with ongoing analysis of changes to insurance regulations and represent insurance companies in private attorney general, business practices and class action litigation. Much of our insurance regulatory practice involves the representation of clients before state insurance authorities. These matters include contested rate hearings; rule-making proceedings; and marketing, underwriting and claims practices enforcement matters. Many of our health insurer clients also offer managed care products, and Sedgwick provides advice concerning the regulations governing managed care operations.
Reinsurance
Sedgwick’s Reinsurance Group is made up of lawyers in the United States, Bermuda and Europe who are well qualified to provide legal assistance to cedants, reinsurers and intermediaries in reinsurance matters of all kinds, both national and international. The firm’s reinsurance practice encompasses the world’s major reinsurance markets. Sedgwick’s international lawyers have expertise in all aspects of European and Bermuda reinsurance practices and procedures and have arbitrated cases in various markets abroad. The reinsurance lawyers in the Paris office had formative training as in-house counsel with European reinsurers, and are conversant with the practice and legal framework of reinsurance on the continent. Likewise, Sedgwick has broad experience in the United States representing and advising domestic cedants and reinsurers, as well as foreign reinsurers whose U.S.-based business has led to disputes requiring resolution in court or arbitration. Sedgwick lawyers in the United States, Bermuda and Europe have been closely involved with reinsurers in the establishment of reserves for loss portfolios and individual large losses, in conducting in-depth claims reviews and file inspections in various lines of business, and in drafting provisions for facultative and treaty wordings. They have also guided the firm’s reinsurance clients toward achieving many successful commutations.
Surety
Surety bonds play a major role in American commerce and in the construction industry. For more than a quarter-century, surety companies have relied upon surety law experts at Sedgwick for the most complex and high-risk matters. As a national and international leader in managing the complex issues facing bonding companies, Sedgwick’s Surety Law Group attorneys counsel and defend sureties in negotiations, mediations, arbitrations, and litigation in local, state, and federal jurisdictions, including the bankruptcy courts. Sedgwick’s surety law expertise extends beyond performance, payment, bid, and release bonds in construction to commercial, subdivision, license, and miscellaneous bonds. Our attorneys can also draw on Sedgwick experts on E&O and CGL policies, in addition to other insurance resources, to find ways to shift risks from our surety clients to others.
Transactional Matters
Our attorneys have represented clients in connection with a variety of insurance company mergers and acquisitions, including acquisitions by stock purchase agreement, mergers, acquisitions of publicly traded insurers, demutualizations in connection with acquisitions, reinsurance and assumption agreements in connection with sales of affiliated entities and other transaction structures. Our attorneys have also handled surplus note pooling and other insurer financing transactions. Sedgwick also has expertise in insurance holding company system restructurings, drafting intercompany reinsurance, management and other forms of agreements and in securing regulatory approvals for intercompany transactions with novel features.
Sedgwick’s deep industry knowledge and expertise combined with sophisticated corporate transactional experience allows us to provide clients with an integrated team of attorneys who can address our insurer clients’ transactional and regulatory needs in a seamless fashion.
The most complex and high-stakes legal challenges facing the insurance industry demand the highest level of expertise, delivered by a coordinated team across all areas of insurance law. Sedgwick’s insurance practice is organized into subgroups involving attorneys from each of Sedgwick’s offices in the United States, Europe and our associated office in Bermuda. When litigation is necessary, we vigorously represent our client’s interests. The insurance attorneys in each of our substantive practice groups try coverage and bad faith matters in state and federal courts throughout the United States and in various international tribunals. Our regulatory attorneys work with various states’ insurance departments to assist our clients in meeting their goals and, as necessary, litigate before administrative law judges.
Together, the firm’s insurance-related practice groups comprise one of the largest international insurance industry teams of trial attorneys and policy advisors dedicated to the institutional concerns and success of insurance carriers. This team also works seamlessly with our corporate practice attorneys to provide advice and assistance to our insurance industry clients with respect to structuring and negotiation of mergers, acquisitions, divestitures and financings and the regulatory issues associated therewith.
Admiralty
Sedgwick’s admiralty attorneys represent a wide variety of port, marine and offshore energy companies and insurers. Our Admiralty Practice Group regularly counsels energy and marine insurers as to coverage issues and policy content. We routinely advise our clients on a wide variety of marine and energy policy forms including hull, marine general liability, protection and indemnity, maritime employers’ liability, energy package policies, builders’ risk, business interruption, operators’ extra expense and loss of production income.
Aerospace
Sedgwick’s Aerospace Coverage Practice provides legal services to domestic, London market and other international insurers serving the aerospace industry. These services include policy and endorsement drafting, review of coverage issues and the rendition of coverage advice, and prosecution and defense of coverage litigation and bad faith claims. Our attorneys represent clients in litigation and advise them on matters involving a wide variety of coverage forms, including first-party hull coverages, aviation products liability, aircraft (third-party) liability, contingent coverages, hangarkeepers and premises liability, airport liability, personal injury liability, war coverages, deductible policies, excess coverages, reinsurance, and space insurance forms.
Bankruptcy Services
More and more, the insurance industry finds itself confronting situations with policyholders, vendors and others who are in financial distress and avail themselves of the protections of U.S. bankruptcy laws. We provide comprehensive bankruptcy counseling and litigation services to assist our insurer clients in enforcing policy rights, litigating coverage defenses, mitigating risks and minimizing loss exposure, and maximizing recoveries in bankruptcy cases, insolvency proceedings and related litigation. We have extensive experience prosecuting and defending adversary proceedings and contested matters in bankruptcy courts, negotiating settlements in bankruptcy cases and related litigation, and litigating bankruptcy specific claims and defenses, on behalf of our insurer clients and their policyholders. Our bankruptcy and creditors’ rights attorneys also work closely with our corporate attorneys to assist clients with issues related to workouts and restructurings, and to provide strategic advice and counseling with respect to vendor or supplier insolvencies.
Casualty Coverage
The attorneys in the Casualty Coverage Group advise insurers on many complex policy coverage issues presented in claims made by regional, national, and multinational companies on issues as varied as intellectual property, technology, environmental, toxic tort, construction defects, land movement, employment, defamation and disparagement, and many other types of business losses. Our attorneys are experienced in interpreting primary and excess third-party liability policies of all types, including commercial general liability, manuscripted policies, umbrella, and excess coverages. We maintain an extensive coverage library and computer database of coverage case law, and we utilize state-of-the art research technology to keep updated on the latest developments in insurance law.
Climate Change Coverage
Climate change or global warming is one of the top legal, political and economic issues of our day. Insurers around the world have already been significantly impacted by property losses, increased regulation and the changing preferences of consumers and investors relating to climate change. Additionally, some commentators describe climate change as the most serious future risk to the insurance industry. As a result, it is becoming ever more important for insurers to understand and address the risks and opportunities arising from climate change.
Sedgwick attorneys advise domestic and international insurers on complex climate change issues, including potential exposure to insurers and their insureds, the developing legal and regulatory landscape and new product opportunities in this area. Our broad and deep experience in the insurance industry allows us to counsel our clients on a wide range of emerging climate change issues and protect their interests in related coverage and bad faith litigation and property and casualty coverage claims across the United States.
Directors & Officers
The Directors & Officers Group is made up of a unique combination of attorneys who are experts in directors and officers liability, commercial insurance, and corporate law. Our attorneys represent insurers in all aspects of directors and officers liability claims, including the preparation of coverage opinions, claims investigation, litigation, and trial. Our attorneys handle cases involving the liability of directors and officers of financial institutions, technology companies, healthcare facilities, and leasing companies, among others. We counsel insurers on claims handling procedures and loss prevention, and assist with the drafting of directors and officers policies. Sedgwick serves as supervisory and monitoring counsel for several national directors and officers liability programs.
Employment Practices Liability Insurance
Sedgwick’s attorneys provide the firm’s insurance clients with sophisticated representation, both in analyzing coverages and defending insurers in coverage disputes throughout the country, on matters involving employment practices liability insurance policies. In light of the tumultuous economic times and its impact on the workforce, our attorneys are busy working with our clients in resolving coverage issues arising out of a panoply of employment matters, such as employment discrimination, sexual harassment, wage and hour disputes, WARN Act claims, claims involving reductions in force, claims under federal and state employment statutes, and employee class actions.
Environmental Coverage
Sedgwick represents domestic and international insurance clients in coverage matters involving pollution liability, toxic tort, asbestos, silica and health hazard claims. Our attorneys advise insurers and litigate coverage disputes regarding large-scale environmental claims under pollution legal liability, cost-cap and blended professional liability programs, as well as general liability policies.
Sedgwick provides coverage and litigation counsel in pollution matters involving soil and groundwater contamination arising out of oil and gas production fields and refineries, manufacturing facilities, a major fertilizer spill, leaking waste water ponds, railroad contamination and leaking underground storage tanks. In addition, Sedgwick attorneys serve as national coordinating coverage counsel under pollution liability programs for claims arising out of MTBE contamination, and airborne contamination claims arising out of the September 11 terrorist attacks.
Extracontractual/Commercial Insurance Litigation
Sedgwick offers a wealth of experience and expertise in representing the insurance industry in courts and other tribunals domestically and internationally. The lawyers who work in the firm’s Extracontractual/ Commercial Insurance Litigation Group apply their extensive expertise in insurance matters in an aggressive yet thoughtful approach to the new challenges facing the insurance industry. In addition to litigating coverage disputes involving all aspects of property and casualty primary and excess insurance and reinsurance, Sedgwick has significant experience defending bad faith litigation, class actions and other representative or private attorney general types of actions (such as Calif. Bus. & Prof. Code §17200 claims). Our attorneys also regularly handle commercial litigation for the insurance industry, including disputes with managing general agencies and disputes regarding premiums.
Fidelity
Sedgwick has an international reputation for prominence in fidelity law. For more than two decades, Sedgwick attorneys have been investigating, negotiating and defending claims involving fidelity insurance. The Fidelity Group handles cases involving employee dishonesty, lending losses, security thefts, safe-deposit burglary, computer crime, and closed bank/savings and loan litigation. In addition to legal representation in situations of loss, the group counsels insurers on policy coverage issues. Our attorneys also assist clients in drafting policy language and have participated in developing policies for special risks. A member of the Fidelity Group helped prepare the first computer crime policy, and some major changes in fidelity insurance policies are the result of our recommendations.
International Counseling & Arbitration
Sedgwick’s International Counseling & Arbitration Group is comprised of attorneys from the firm’s offices in Europe, Bermuda and the United States. Attorneys in the group have significant expertise in dispute resolution between entities with multinational interests, whether the method of resolution is arbitration, mediation or expert neutral evaluation. Commercial arbitration is a particular feature of the group’s activities, whether under the rules of the International Chamber of Commerce (ICC), the English Arbitration Acts, or otherwise. In conducting arbitrations in London and Bermuda, in particular, our attorneys provide clients with the benefit of firsthand knowledge of those jurisdictions. Complex coverage work for insurance and reinsurance clients and expertise in international employment law are also part of the Sedgwick international service. With offices in Bermuda, London and Paris, in addition to those in the United States, our attorneys offer local and international expertise to our clients, wherever in the world they may be situated.
Life, Health & Disability
The lawyers who work in the firm’s Life, Health & Disability Insurance Group regularly provide counseling and handle litigated disputes involving all aspects of life, health and disability insurance. We represent insurers in the defense of claims made under ERISA-qualified plans, particularly in the areas of long-term disability insurance, vigorously defending our clients’ interests in federal courts throughout the United States. Our attorneys provide comprehensive analyses of the sufficiency of plan decisions to deny benefits, and very often are able to resolve such disputes on summary judgment. In addition to our extensive ERISA practice, we provide counseling and aggressive defense to our clients on non-ERISA insurance matters, including various life insurance, health insurance, disability insurance as well as annuities products. Our attorneys litigate claims alleging policy breach and breaches of the covenant of good faith and fair dealing, suitability claims, misrepresentation and rescission issues, as well as disputes involving brokers and broker dealers, and between insurers.
Managed Care
Sedgwick’s extensive insurance background uniquely positions the firm’s Managed Care Group to investigate, analyze, strategize and litigate healthcare disputes. For more than 20 years, our attorneys have represented the interests of excess insurers within the context of a healthcare liability claims program. Through our management of more than 25,000 claims across the United States, we can efficiently and effectively identify the most advantageous strategy for guiding claims to resolution. We represent our healthcare clients in all litigation matters and advise them in their various activities, including labor and employment compliance with standard federal regulations, and business transactions. Our attorneys collaborate with many clients to draft insurance claims guidelines and policy language to underwrite the new world of managed care, which provides a major advantage when disputes arise. Our managed care attorneys frequently are selected to serve as monitoring counsel for insurers and insureds on matters involving medical malpractice, benefits disputes, directors and officers liability and professional liability.
Policy Drafting/Advice
Sedgwick attorneys in Europe, Bermuda, and the United States have drafted everything from manuscripted policies for global companies to homeowners’ insurance forms. Attorneys in the Policy Drafting/Advice Group work with underwriters extending innovative coverage for unusual risks such as credit reporting errors and omissions, songwriters and music publisher programs, model captive reinsurance agreements, charity and pension trustee risks, IPO risks and “after the event” contingency policies. In addition to drafting contract forms and endorsements, our experienced insurance attorneys also assist clients to vet their more innovative products, examining them with an eye toward clarity and enforceability, using our in-depth knowledge of some of the more difficult forums for insurance clients. Similarly, our attorneys develop policy language or vet existing products for some of the most challenging risks, including many forms of directors and officers coverage, nursing home policies, sexual abuse cover, cyber risk cover, construction defect cover, IP cover, terrorism and the restructuring/merger/breakup of policyholders.
Professional Liability
For years, professionals and their insurers have turned to Sedgwick’s Professional Liability Group for advice and representation. The group’s practice, which is international in scope, includes all the services that solution-oriented attorneys should provide to professionals and their insurers: policy drafting and interpretation, counseling and advice, loss prevention, representation in litigation and dispute resolution. Our attorneys provide coverage advice for professional liability insurers; in particular, members of the group have extensive experience interpreting policies relating to healthcare. The group’s defense work includes advising and defending attorneys, accountants, design professionals, architects and engineers, real estate agents and brokers, insurance agents and brokers, certified financial planners, investment advisors, registered representatives, security broker-dealers, doctors and other professionals in claims involving professional liability insurance. We represent insureds ranging from national organizations to sole practitioners.
Property Coverage
The lawyers in Sedgwick’s Property Coverage Group regularly provide coverage advice, counseling and litigation services for primary and excess commercial property insurers. Our attorneys advise on many complex first-party policy coverage issues important to the insurance industry, including claims arising from such diverse perils as fire and terrorism, earthquakes, hurricanes and other natural disasters, water damage and mold. The group also has experience assisting clients in investigating and resolving business interruption claims and conducting fraud and arson investigations. These matters have included numerous disputes stemming from California earthquakes and wildfires to Hurricanes Katrina and Rita.
Regulatory Matters
Our attorneys counsel both property/casualty and life/health insurers on regulatory issues such as compliance, rate making, enforcement actions, insurance company mergers and acquisitions, and affiliate transactions. Sedgwick attorneys also provide clients with ongoing analysis of changes to insurance regulations and represent insurance companies in private attorney general, business practices and class action litigation. Much of our insurance regulatory practice involves the representation of clients before state insurance authorities. These matters include contested rate hearings; rule-making proceedings; and marketing, underwriting and claims practices enforcement matters. Many of our health insurer clients also offer managed care products, and Sedgwick provides advice concerning the regulations governing managed care operations.
Reinsurance
Sedgwick’s Reinsurance Group is made up of lawyers in the United States, Bermuda and Europe who are well qualified to provide legal assistance to cedants, reinsurers and intermediaries in reinsurance matters of all kinds, both national and international. The firm’s reinsurance practice encompasses the world’s major reinsurance markets. Sedgwick’s international lawyers have expertise in all aspects of European and Bermuda reinsurance practices and procedures and have arbitrated cases in various markets abroad. The reinsurance lawyers in the Paris office had formative training as in-house counsel with European reinsurers, and are conversant with the practice and legal framework of reinsurance on the continent. Likewise, Sedgwick has broad experience in the United States representing and advising domestic cedants and reinsurers, as well as foreign reinsurers whose U.S.-based business has led to disputes requiring resolution in court or arbitration. Sedgwick lawyers in the United States, Bermuda and Europe have been closely involved with reinsurers in the establishment of reserves for loss portfolios and individual large losses, in conducting in-depth claims reviews and file inspections in various lines of business, and in drafting provisions for facultative and treaty wordings. They have also guided the firm’s reinsurance clients toward achieving many successful commutations.
Surety
Surety bonds play a major role in American commerce and in the construction industry. For more than a quarter-century, surety companies have relied upon surety law experts at Sedgwick for the most complex and high-risk matters. As a national and international leader in managing the complex issues facing bonding companies, Sedgwick’s Surety Law Group attorneys counsel and defend sureties in negotiations, mediations, arbitrations, and litigation in local, state, and federal jurisdictions, including the bankruptcy courts. Sedgwick’s surety law expertise extends beyond performance, payment, bid, and release bonds in construction to commercial, subdivision, license, and miscellaneous bonds. Our attorneys can also draw on Sedgwick experts on E&O and CGL policies, in addition to other insurance resources, to find ways to shift risks from our surety clients to others.
Transactional Matters
Our attorneys have represented clients in connection with a variety of insurance company mergers and acquisitions, including acquisitions by stock purchase agreement, mergers, acquisitions of publicly traded insurers, demutualizations in connection with acquisitions, reinsurance and assumption agreements in connection with sales of affiliated entities and other transaction structures. Our attorneys have also handled surplus note pooling and other insurer financing transactions. Sedgwick also has expertise in insurance holding company system restructurings, drafting intercompany reinsurance, management and other forms of agreements and in securing regulatory approvals for intercompany transactions with novel features.
Sedgwick’s deep industry knowledge and expertise combined with sophisticated corporate transactional experience allows us to provide clients with an integrated team of attorneys who can address our insurer clients’ transactional and regulatory needs in a seamless fashion.
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Activities
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