For more than three decades, our Extracontractual Liability Litigation practice group has successfully defended many market-leading insurance companies. We have settled disputes or handled litigation in well over 500 cases in which policyholders and tort plaintiffs sought to recover extracontractual remedies.

The threat of extracontractual liability in claim litigation continues to grow as the plaintiffs’ bar presses for stricter regulation of insurance companies, while advancing ever-evolving theories of liability against insurers. In many states, the range and severity of statutory and common law remedies available to policyholders and tort plaintiffs has expanded dramatically.

We have the proficiency to help you combat the threats of increased exposure to risk and liability. Our clients turn to us for experienced counsel and our proven track record of defending against bad faith claims—and defeating them.

Our Services

Our dedicated team of highly experienced lawyers represent primary and excess insurers in high-exposure, industry-significant, and complicated extracontractual matters. We handle claims involving an array of insurance products, including:

• Directors and officers
• Excess and surplus insurance
• Liability
• Life, health, and disability
• Property
• Professional liability

We have defended clients against bad faith and consumer fraud cases in all New England states, and throughout the Eastern Seaboard, the South, and the Midwest. While we successfully resolve the majority of disputes before trial, our team is highly experience at trying cases, achieving positive results for our client partners—often in jurisdictions unfriendly to the insurance industry.

We are often asked to parachute into a case to take over the defense from another firm, or to supplement or consult with the client’s existing defense team. We have done so and achieved successful resolutions in many jurisdictions, including Florida, Texas, Oklahoma, Louisiana, Michigan, and New Jersey.

Through our decades of experience in the bad faith arena, we have developed strategies for defending of first- and third-party claim disputes extracontractual lawsuits. To reduce clients’ extracontractual exposures, we successfully apply these strategies: 

• Early identification of potentially problematic claims through careful analysis of claims files and witness interviews
• Identifying claims that are vulnerable to a dispositive motion
• Dogged pursuit of data and documents during the discovery process
• Careful and extensive witness preparation of company personnel for depositions and trial
• Effective use of trial technology 

Our Team

Clients often hire us before litigation to consult with claim professionals and in-house counsel on challenging issues. Calling on our team early ensures compliance with good faith investigation and claim settlement practices, while avoiding exposure to extracontractual liability. Our clients appreciate our ability to identify cases suitable for early resolution, which often results in decreased legal expenses.

Our lawyers’ skill in defending bad faith litigation is reflected in their membership in prestigious organizations, including:

• American College of Coverage and Extracontractual Counsel (ACCEC)
• American College of Trial Lawyers (ACTL)
• Federation of Defense and Corporate Counsel (FDCC)

Using insights and experience garnered from representing insurers over many years, our top-tier Extracontractual Liability Litigation team has the ability to help you navigate investigations and claims, while limiting exposure.