Insurance and Reinsurance

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Brown Werner lawyers are experience in handling complex, high exposure insurance and reinsurance matters.  Our attorneys regularly represent companies in high-profile insurance coverage and cost recovery litigation before state and federal courts and in alternative dispute resolution proceedings in forums across the United States.

Our attorneys have a proven track record of success in counseling, representing and defending our clients in insurance coverage and cost recovery litigation.  In addition to our litigation capabilities, Brown Werner attorneys are proactive in advising clients on developments in the law relating to both coverage and underlying claims issues.  We also evaluate losses and the exposures posed by claims in order to explore settlement early in the claims/litigation process.  Where appropriate, we strive to resolve claims and coverage disputes without the need for protracted litigation.  

Representative Matters

The following matters reflect the experience of our lawyers in this practice area:

• Brown Werner attorneys have successfully handled matters involving application of excess of loss reinsurance contracts to tens of thousands of employee bodily injury claims, including noise induced hearing loss, asbestos-related pulmonary disease, non-asbestos pulmonary disease and repetitive stress.

• Our attorneys have successfully handled insurance and reinsurance coverage litigation arising from hazardous waste losses in jurisdictions across the country, including claims involving natural resources damage, in a variety of industrial and non-industrial settings, including landfill operations, petroleum pipelines, automotive repair facilities and railroad operations.

• Our attorneys have successfully prosecuted equitable subrogation claims on behalf of insurers arising from construction defect litigation.

• We have advised insurers in cost recovery actions involving professional liability and errors and omissions coverage related to the performance of government contracts.

• Our attorneys served as counsel to a reinsurer in litigation and arbitration matters involving accounting, finance and disclosure issues associated with insurance-backed financing for motion picture productions.  

• Brown Werner attorneys have defended a number of actions involving insurance coverage for losses arising from design and construction defects in pipeline operations, including property damage and bodily injury claims related to the release of petroleum products from terminal and pipeline operations.

• Brown Werner attorneys defended companies with respect to respiratory claims asserted by workers involved in the clean-up operations following the terrorist attacks on 9/11.

• Brown Werner attorneys oversaw the nationwide defense of asbestos, silica and mixed dust claims against a respirator manufacturer.

• Our attorneys successfully litigated claims of “regulatory estoppel,” bad faith and punitive damages in a case of first impression involving environmental property damage.

• Brown Werner attorneys have successfully litigated the issues of number of occurrences, allocation and exhaustion in jurisdictions across the United States, including cases of first impression.

• Our attorneys have defended numerous actions involving alleged exposure to products in various industrial and residential settings, including product liability and design defect claims related to industrial solvents and chemicals.