Property & Casualty

Jorden Burt's Property & Casualty Industry Group has represented leading insurance companies in the US, European and London markets for more than 25 years. We provide a full spectrum of services, from skilled analysis and opinions of policies to coverage and claims defense in litigation. Our experience in counseling diverse parties within the insurance industry affords us a unique understanding of our clients' business priorities and needs. This translates into a valuable advantage in the resolution of disputes (litigation, arbitration and mediation) as well as negotiating transactions and working with insurance regulators and legislators.

Attorneys in the Property & Casualty Industry Group write and edit a weblog, PropertyCasualtyFocus.com, which provides news and analysis of legal and regulatory developments for participants in the property-casualty insurance industry. You can read it here."

Relevant Experience

Jorden Burt has represented insurers and related entities in a broad array of complex litigation, transactional, and regulatory matters. On the litigation front, we have defended and prosecuted the following types of claims for property and casualty insurers:

• CGL - In the comprehensive general liability policy area, Jorden Burt has represented insurers on a variety of commercial and business claims. We have litigated and counseled on such issues as the obligations of the insurer and the insured under various provisions and exclusions, the duty to defend and indemnify, occurrence-based coverage, long-tail exposures and pro-rata allocation, lost policies and bad faith.

• Bad Faith Litigation - Jorden Burt has a specialty niche in bad faith litigation. We have successfully represented major insurance companies in bad faith litigation and have orchestrated creative strategies for minimizing or eliminating exposure to extra-contractual liability.

• Property -- Jorden Burt has represented insurers on a variety of coverage issues arising in the first party property context. Jorden Burt has successfully defended class actions arising from litigation over exclusions, especially regarding weather-related disasters in the Southeastern United States.

• D&O and Related Coverages - Jorden Burt has successfully litigated a variety of claims involving directors' and officers' liability and fidelity bonds. We have a particular expertise in litigating securities law claims in this area. We have also handled coverage issues on behalf of insurers under D&O, E&O, and EPL policies.

• Claims Defense - Jorden Burt has significant experience defending claims made against insureds under various types of policies, including D&O, E&O, EPL, CGL, and MPL, including in the burgeoning context of bankruptcy adversary proceedings.

• Professional Liability - Jorden Burt has many years of experience litigating liability claims involving the conduct of lawyers, accountants, insurance agents/brokers, intermediaries, MGAs, third-party administrators, and actuaries. The substantive claims with which we are familiar run the gamut from malpractice/negligence to common law, securities, and RICO Act fraud. In malpractice cases we have served as both defense counsel and coverage counsel. We also have represented professionals in defense of fiduciary liability claims, and three of our partners have authored the Handbook on ERISA Litigation, published by Aspen Law & Business.

• Excess and Umbrella - Jorden Burt P&C attorneys have litigated the duties of excess and umbrella carriers, including issues involving the insolvency of underlying primary insurer, the interpretation of "other insurance" clauses, "follow form" provisions, and apportionment issues.

• Environmental CGL - Jorden Burt has represented CGL insurers in claims for environmental spills and contamination. These suits have involved the interpretation of both the "sudden and accidental" and "absolute" pollution exclusions found in many CGL policies, the duty to defend CERCLA claims, and myriad other coverage issues that frequently arise in environmental coverage litigation.

In our business counseling practice, our lawyers have represented property and casualty insurers in transactional and regulatory matters involving:

• Mergers & Acquisitions and Corporate Restructuring - Jorden Burt has represented insurance companies in the acquisition and disposition of insurance companies and related entities as well as corporate restructurings. We have also handled all regulatory aspects of such transactions, including Form A and E change of control filings with state insurance regulatory authorities, both on behalf of insurers and on behalf of state insurance regulators.

• Reinsurance - Jorden Burt has provided a broad range of services to property and casualty insurers in connection with their ceding of risks through reinsurance transactions.

• Regulatory Counseling - Jorden Burt has represented insurance companies in a host of regulatory matters, including market conduct examinations, licensing, rate filings, and Form D prior notices of transactions.