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INSURANCE LITIGATION

Litigation involves risk in any context, but it can be particularly disruptive and costly for insurance companies, since it can impact an insurer in multiple contexts—when it is a party in the litigation, when it is defending its policyholder, and when it has a duty to indemnify. Nixon Peabody is a leader in insurance litigation of every sort, including major coverage disputes with policyholders and class action sales practices litigation. We litigate cases through trial and appeal, and handle proceedings for U.S., London market, and European clients in property and casualty, and specialty lines. For the third year, Chambers USA: America’s Leading Lawyers for Business, has recognized Nixon Peabody’s “Insurance: Dispute Resolution: Insurer” practice as a nationally ranked practice.

Our lawyers have an impressive track record of resolving complicated, large-scale insurance disputes throughout the United States in both state and federal courts. Our substantial experience as national and regional counsel for major insurers in a wide range of cases includes precedent-setting “mega” coverage cases and class actions.

We have handled cases involving:
  • Advertising injury and personal injury
  • Asbestos
  • Bad faith and extra-contractual litigation
  • Business interruption
  • Construction defect
  • D&O
  • Defense of insureds in complex litigation
  • Environmental
  • Insurance guaranty association issues
  • Insurance practices class actions
  • Insurance liquidation proceedings
  • McCarran-Ferguson Act
  • Mold
  • Primary vs. excess insurance disputes
  • Professional liability coverage litigation
  • Reinsurance
  • Securities class actions
  • Self-insurance group litigation
  • Technology/unfair competition

Alternatives to litigation

We know when litigation is not the best approach for our clients and are skilled at recommending alternative solutions. We frequently utilize arbitration, conciliation, and “mini-trials” to resolve disputes successfully and economically.

Nationwide case management

The firm’s sophisticated technology and case management techniques enable us to provide highly efficient and effective case coordination, which helps achieve consistent positions and results across jurisdictions. We frequently advise clients on litigation management and provide analysis of risk/benefit factors associated with litigation.

Active in professional organizations and trade associations, our attorneys are always up to date on emerging trends and critical industry issues, so we help clients develop “preventive” approaches and avoid scenarios that might lead to expensive litigation or adverse publicity.

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Insurance Litigation