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Insurance Coverage and Reinsurance

Kiernan Trebach is well recognized in the insurance field.  At any given time, it is likely that our insurance practitioners are appearing in diverse jurisdictions ranging from California to Massachusetts and from Minnesota to Puerto Rico.  Each of the Firm’s offices is staffed with attorneys whose practice focuses on insurance coverage matters, many of whom have over a decade of experience in the field. Kiernan Trebach has been at the forefront of insurance litigation for the past twenty years.  Our attorneys take pride in having advocated cutting-edge insurance theories that have been instrumental in guiding insurance principles.

Our insurance practice involves virtually all lines of insurance, including professional liability, employers liability, commercial general liability, property and casualty, commercial auto and truckers, excess and specialty risks, directors and officers, errors and omissions and employment practices liability.

Our insurance practitioners provide clients with the following services:

National Coordinating Counsel: Companies insuring risks across the country or on an international basis demand consistency of coverage positions in dealing with bodies of claims that arise from a multitude of jurisdictions.  We provide our insurance clients with the ability to coordinate defense and coverage issues on a national or regional basis in order to afford our clients consistency in resolving claims and litigation in a cost-effective manner.  Our experience in coordinating coverage positions and defense strategies is coupled with specific knowledge of the local practices and customs that often determine success.

Claims Handling: Companies faced with the responsibility of responding to claims from many states must navigate complex and frequently changing regulatory requirements.  Our insurance practitioners provide counseling regarding claims-handling procedures and assist their clients in avoiding needless litigation.  In addition, we provide coverage analyses and opinion letters, direct coverage investigations, and prepare reservation-of-rights letters, investigation letters, non-waiver agreements and where appropriate, disclaimer letters.

Declaratory Judgment Actions and ADR: Our insurance practitioners couple substantive expertise with trial experience.  They have taken a number of declaratory judgment actions to trial over the years with outstanding success, and they have litigated insurance matters in many venues throughout the United States.  Additionally, our practitioners have negotiated innovative resolutions of complex insurance disputes and have routinely attended mediations in underlying matters as the representative of the insurer.

Reinsurance: The insurance team provides representation to cedents and reinsurers of risks in matters involving complex underlying issues of timing of bodily injury or property damage and allocation.  Our experience in defending underlying claims and declaratory judgment actions affords our insurer clients valuable advice in presenting losses to reinsurers and retrocessionaires.  The Firm's expertise in this area also permits us to provide valuable counseling and representation to reinsurers in the administration of complex losses in a manner that strives to avoid needless litigation.  Nevertheless when litigation does arise our practioners are skilled in handling such matters in a way that minimizes the attending expense and disruption.

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