Litigation

Insurance & Reinsurance

Insurance and reinsurance disputes can be costly for your business. That is why we take a practical, client-focused approach that provides effective and efficient results. Because we understand the business of insurers and reinsurers, we have earned a national reputation for our ability to handle all aspects of insurance law — from complex coverage disputes to developing strategies to meet our clients’ business goals. 

With decades of experience, our lawyers have handled a broad range of key insurance issues across the country at both the trial and appellate levels. We are also recognized as a top firm representing the interests of ceding and assuming insurers in reinsurance disputes.

Quick Facts

  • Ability to handle complex, sophisticated coverage disputes
  • Skilled at addressing the legal implications of new, untested coverage issues as they emerge
  • Decades of successful experience representing insurers in state, federal, and bankruptcy court lawsuits throughout the United States
  • Substantial experience handling multiparty and multisite litigation at trial and appellate levels
  • Member of ARIAS-US
  • Attorneys include an executive officer of the CPCU Society and a founding member and current president of the Massachusetts Reinsurance Bar Association
  • Attorneys who frequently lecture and publish on the various issues facing insurers and reinsurers

Areas of Focus

  • Bad faith
  • Commercial general liability
  • Commercial motor vehicle
  • D&O liability
  • Employment practice liability
  • Environmental
  • Product development
  • Professional lines liability
  • Reinsurance

Rankings & Recognitions

  • Practice ranked nationally and regionally by U.S. News & World Report and Best Lawyers in “Best Law Firms”
  • Attorneys ranked by Best Lawyers and Super Lawyers
Sort by: Name  Title  Office

Nancy D. Adams

Nancy D. Adams

Member

Boston

617.348.1865

Joseph G. Blute

Joseph G. Blute

Member

Boston

617.348.3073

Robert I. Bodian

Robert I. Bodian

Managing Member

Boston
New York

212.692.6726

Nicholas C. Cramb

Nicholas C. Cramb

Associate

Boston

617.348.1740

Benjamin L. Hincks

Benjamin L. Hincks

Member

Boston

617.348.4424

Martha J. Koster

Martha J. Koster

Member

Boston

617.348.1630

Kim V. Marrkand

Kim V. Marrkand

Member

Boston

617.348.1807

Bridget A. Moorhead

Bridget A. Moorhead

Of Counsel

San Diego

858.314.1585

Victor F. Mustelier

Victor F. Mustelier

Member

New York

212.692.6227

Alec Zadek

Alec Zadek

Associate

Boston

617.348.4434

Insurance

  • Obtained dismissal with prejudice of a class action alleging unfair claims settlement practices in connection with the resolution of asbestos liability claims.
  • Represented an insurer in parallel actions before the bankruptcy court and federal court in connection with claims for coverage brought by directors, officers, and corporate policyholders leading to a successful multiparty mediation.
  • Obtained dismissal of a breach of contract and bad faith action alleging that the plaintiff was an additional insured and a third-party beneficiary of an insured contract under a general liability policy.
  • Successfully represented an insurer on summary judgment and upheld on appeal that a known insurer is not obligated to prosecute an alleged unrelated insurer for lost policies before exhausting the known insurer’s policy limits.
  • Successfully defended an insurer through summary judgment and on appeal against breach of contract and bad faith claims by immediately deposing the insured and proving no damages, while preventing any depositions of the insurer.
  • Defended an insurer in coverage litigation brought by another insurer relating to the scope of coverage afforded under the additional insured endorsement in connection with the deaths and / or personal injury of six workers at a construction site resulting in a favorable multiparty settlement.
  • Represented a lead insurer in claims involving 144 toxic sites across the country, culminating in summary judgment in the insurer’s favor on a vast majority of sites and de minimis settlement of the remaining sites.
  • Obtained dismissal of action against a broker by a litigation trustee seeking to avoid or recover the fee paid to the broker under certain provisions of the bankruptcy code.
  • Successfully represented an insurer in a Declaratory Judgment Action against an insured. The insured / defendant is residing in Portugal, but has no fixed address. Given that we were unable to serve him under the Hague Convention, we filed, and the court granted, a motion to serve him by e-mail, Facebook message, and publication.
  • Successfully resolved a coverage and rescission action involving an insured’s misrepresentation of material facts on an application for legal malpractice insurance.

Reinsurance

  • Successfully represented a reinsurer in an action against a retrocessionaire involving multimillion-dollar losses arising out of earthquakes in Taiwan.
  • Won summary judgment for a reinsured in a complex claim relating to its cession of losses stemming from asbestos and silica claims.
  • Obtained a court order for a reinsured compelling consolidation of arbitrations and the appointment of an umpire.
  • Won partial summary judgment on a retention warranty defense on behalf of a reinsurer in the US District Court of Rhode Island.
  • Won summary judgment on behalf of a foreign reinsurer in an action brought by its alleged cedent in the US District Court of Massachusetts concerning a cross-border fronting arrangement.
  • Successfully represented a reinsurer in a dispute with a ceding company regarding its allocation of losses after waiving rights of contribution against co-insurers.
  • Successfully represented a reinsured in claims against a reinsurer for property damage losses and reimbursement of premium.

Representative Clients

  • Aon
  • Arbella Insurance
  • Aviva USA
  • Chartis
  • CNA
  • Lexington Insurance Company
  • Liberty Mutual Insurance
  • Sentry Insurance
  • White Mountains Insurance Group
  • Yosemite Insurance Company