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Insurance Coverage & Defense Litigation

Coverage Litigation

We provide insurance carriers with advice and opinions on various coverage issues such as fiduciary liability, D&O/management liability, environmental, toxic tort, and other complex coverage litigation matters. We represent clients in state and federal courts as well as in arbitration proceedings and in hearings before administrative agencies. We represent insurers with regard to ratings and other regulatory matters before administrative agencies, and we advise and counsel our clients on a regular basis on a wide range of policy issues.

Our experience is comprised of a mix of all types of insurance and includes CGL, professional liability, D&O, E&O, excess and reinsurance, as well as environmental impairment and other specialty lines. Our lawyers are actively involved in advising clients and litigating issues concerning insurer insolvencies. The firm represents the state guaranty fund in Maryland and has represented other such funds throughout the country.

Recent examples of our work include:

  • Advising and providing coverage analysis in a complex multi-party, multidistrict class action lawsuit alleging violations of antitrust laws and federal trade commission regulations.
  • Advising and providing coverage analyses and defense in coverage litigation in intellectual property disputes.
  • Representing a group of insurers in litigation with a regulated utility concerning its environmental and asbestos liabilities.
  • Representing an insurer in coverage litigation concerning landlord-tenant habitation issues and the "invasion of the right of private occupancy" clause in the personal injury coverage in a series of CGL policies.
  • Advising and providing coverage analysis concerning D&O coverage in business litigation matters.
  • Advising and providing coverage analysis under Bankers' Liability policies.
  • Litigation of statutory issues relating to rights and liabilities of Maryland's guaranty fund, the Property & Casualty Insurance Guaranty Corporation, including the guaranty fund's obligations for pre-insolvency settlements, the time bar for claims in the receivership, the impact of policy language on the guaranty fund's statutory limits, and residency and other requirements of the guaranty fund act.
  • Advising and providing coverage analysis under Environmental Impairment policies.

Defense Litigation

Whiteford, Taylor & Preston's litigation practice also has a long history representing individual and commercial insureds and self-insureds in claims arising out of general negligence, professional liability, premises liability, product liability, employment practices, environmental impairment, errors and omissions, fiduciary liability, toxic tort, workers' compensation, and other areas of insurance coverage.

The firm also regularly provides insurance carriers and policyholders with advice and representation involving complex coverage issues involving a wide array of insurance products such as CGL, professional liability, D&O, employer practices, environmental impairment, E&O, excess, reinsurance and various specialty issues. We represent clients in state and federal courts as well as in arbitration proceedings and in hearings before administrative agencies.

Probably the largest component of most casualty insurers' claims exposure involves personal injury litigation arising out of injuries occurring on commercial or residential property or in motor vehicle accidents, and claims against commercial establishments for intentional torts such as false arrest, defamation and false imprisonment. WTP has handled these types of claims for carriers and their insureds for over 60 years in all levels of state court, federal court, and arbitration. Among our self-insured clients in this area is one of the region's most prominent developers and managers of commercial and retail business space, as well as several national retailers for whom we handle premises liability and shopkeeper liability claims.

The firm has been active in the defense of property claims and suspicious casualty claims with particular experience with arson and other fraudulent claims. In such matters we work closely with our clients' special investigative units and with law enforcement authorities.

In addition to handling individual claims, WTP has also served as regional and national coordinating counsel in various specialty areas. The firm's practice encompasses every facet of insurance-related issues, including coverage and regulatory matters concerning all personal and commercial lines. We also represent insurers with regard to ratings and other regulatory matters before administrative agencies, are actively involved in advising clients and litigating issues concerning insurer insolvencies, and represent state guaranty funds throughout the country.