Harris Beach Murtha regularly represents insurers, reinsurers, self-insured entities and other insurance industry clients with complex coverage disputes. We provide strategic counsel at every stage, from pre-suit claim analysis, reservation of rights and denial letters to declaratory judgment actions, mediations, arbitrations, trials and appeals.

Our coverage team collectively has decades of in-court experience routinely and successfully litigating and trying coverage issues spanning the gamut of insurance-related issues. Such matters include, but are not limited to, the litigation of claim denials, policy exclusions, duty to defend, bad faith exposure, priority of coverage, contribution and indemnity, allocation, exhaustion, rescission and reformation.

Where coverage issues can be resolved short of the time and expense of litigation, we assist our clients by providing them with practical, cost-effective advice on policy wording, claims handling, risk transfer, underwriting considerations and emerging risks across a broad range of insurance products.

Harris Beach Murtha represents insurance companies, specializing in claims under directors and officers, employment practices, fiduciary, regulatory, sexual misconduct and other management and business liability policies in the U.S., London, and Bermuda markets. Our attorneys have a national reputation in this area of law.

Our experience includes assessing the extent of coverage under management liability policies for all forms of civil and criminal litigation against public, private, and non-profit entities and directors and officers, including securities fraud litigation under federal and state laws, investigations by governmental agencies, shareholder derivative suits, employment practices claims and advising our insurer clients on potential liability, exposure and damages. We monitor high-profile litigation and assist carriers in dealing with difficult insureds on negotiated coverage issues such as selection of counsel, joint defense issues, and allocation of defense costs and settlements.

We work closely with defense counsel, insureds and brokers regarding status and strategy for claims and represent insurers at settlement conferences in both federal and state courts, as well as at private mediations. We also assist with reviewing and auditing invoices for legal fees and costs and negotiating allocation agreements for the same. We know most, if not all, of the major insurers, policyholder counsel and mediators that work in this area.

Our team of attorneys regularly represent U.S. and international insurers in coverage matters with a focus on transactional liability. Our representation in these matters principally involves claims and coverage issues arising under representations and warranties insurance (RWI) policies in connection with M&A transactions. Harris Beach Murtha also represents insurers in connection with claims and coverage issues arising under tax and contingent liability policies. We advise clients regarding drafting of insurance policies and speak frequently at industry conferences.

Our attorneys have been involved in over 1,000 transactional liability claims over the past two decades. The claimed values in dispute have ranged from hundreds of thousands of dollars to billions of dollars. The mergers and acquisitions underlying these policies involve a diverse range of companies and industries across the world and disputes in international and domestic forums. These types of disputes include accuracy of financial statements, loss of customers, condition of assets such as real property, IT and equipment, unpaid taxes, IP rights and compliance with laws.

In addition to direct representation, Harris Beach Murtha is frequently retained by insuring entities in the role of oversight and settlement counsel to oversee and advise on high-stakes litigations and their impact on coverage and settlement obligations. Our insurance coverage team undertakes analysis and evaluation of claim exposure, monitors day-to-day litigation developments and provides independent strategy recommendations, liability and damages analyses, and claims-handling advice to successfully manage risks posed by related underlying and coverage actions. We are routinely asked to assist primary defense and coverage counsel in developing the best possible results for our clients in the courtroom or at the settlement table.