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Litigation
Litigation

Insurance Litigation

Winthrop’s Insurance Litigation team has broad and deep experience in a wide range of insurance-related issues.  Whether in federal or state court, administrative hearings, arbitrations and mediations, we have expertise in matters ranging from coverage, claims disputes, policy interpretation, class actions, bad faith claims, regulatory actions, reinsurance arbitrations, among others.

Our Approach

We represent our insurer clients in litigation arising from all major insurance lines. Our understanding of the insurance industry and our broad trial experience enable us to successfully counsel our clients to avoid bad faith claims or effectively litigate matters to trial if they cannot be otherwise resolved. Our experience includes – commercial and personal – commercial general liability, fidelity and crime bonds, directors and officers, employment practices, errors and omissions, professional liability, environmental, construction, title, builders, life, disability, homeowners, excess and reinsurance, among others.  We have a particular concentration in financial lines. Our experience in this area includes securities and class actions, shareholder derivative actions, bankruptcy trustee claims, breach of fiduciary duty claims, consumer class actions, employment liability actions, bankers and investors liability claims, data and privacy claims and a variety of other professional negligence claims. We have participated in litigation, mediation and arbitration of coverage disputes that have arisen in connection with many of these claims.

Focus

  • Coverage litigation in all major lines of insurance
  • D & O
  • Fidelity
  • E & O
  • Life and Health
  • Cyber related claims and data theft
  • Claim analysis and counseling
  • Sales practice liability
  • FINRA arbitration
  • Unfair claims and business practices
  • Commission issues
  • Bad faith
  • ERISA
  • Excess
  • Reinsurance
  • Litigation monitoring
  • Surplus lines
  • Environmental and asbestos
  • Workers compensation programs

Notable Experience

  • UnitedHealth Group Inc. v. Columbia Cas. Co., 941 F.Supp.2d 1029 (D. Minn. 2013) and UnitedHealth Group Inc. v. Columbia Cas. Co., 47 F.Supp.3d 863 (D. Minn. 2014) Representation of National Union and Starr Excess in a coverage action brought by UnitedHealth Group, Inc. seeking coverage for a $350 million class action settlement under the terms of a manuscripted professional liability policy. This case involved significant, precedent setting insurance coverage issues in the federal district court in Minnesota, including issues involving policy interpretation, allocation of settlement between insured and uninsured claims, the rights of the insured and the insurer under a claims made and reported policy, the relationship between the insurance binder and the insurance policy, interpretation issues in “follow form” policies, among other issues.
  • 3M v. National Union Case Number 4:14-cv-01058 (PJS/JSM) (Minn. 2014) We represented National Union in a coverage action brought by 3M Company and four other carriers arising out of a crime policy issued by National Union. This case involved significant policy interpretation issues arising out of a complex set of facts in which 3M claimed it had loss money from an investment of retirement account funds in a Madoff-type Ponzi scheme.