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Insurance Appeals

Our Insurance Appeals team integrates national appellate experience with a thorough understanding of insurance coverage issues, policy forms, and insurance industry practices. Each year we handle many insurance appeals involving coverage issues (property, liability and automobile insurance), extra-contractual claims, large jury verdicts, etc. We also regularly file amici curiae briefs on behalf of national insurance industry associations. We have represented clients in all of the regional federal circuit courts of appeal. We have also represented clients before the United States Supreme Court, and state appellate and supreme courts across the country—from New York to California, Washington to Florida.

We represent major insurers throughout the United States, and each member of our team is committed to understanding your business while working closely with your team. Our thorough knowledge and decades of experience with insurance law and the industry enables us to see the big picture and assist our clients to shape the law.

Our Services

We help a wide range of clients with navigating the specific challenges of insurance appeals in various lines of insurance. Insurers also retain us to serve as appellate consultants at trial of large, complex coverage and insurance defense matters, and to represent their insureds in appeals involving legal issues of broad significance or large judgments.

Many of our appeals involve cutting-edge or precedent-setting issues of insurance law that have the potential to affect numerous cases and insurance claims. We’ve handled critical insurance coverage appeals involving the September 11th catastrophe, Hurricane Katrina, Chinese Drywall, labor depreciation, the COVID-19 business interruption insurance litigation, and Washington condominium association litigation, among many other issues. Through our deep knowledge of insurance, we litigate insurance appeals with the aim of synthesizing and shaping the law nationwide.

We write appellate briefs that are succinct, compelling, and easy to read, and prepare thoroughly for oral arguments with moot courts. With our broad knowledge of insurance law, our attorneys handle insurance appeals efficiently, and with strategic perspective on how each insurance case may impact other cases. To enable our clients to achieve cost certainty, we offer a fixed-fee option for appeals. We also bring our experience to bear in persuasively answering unanticipated insurance-related questions and hypotheticals at oral arguments, which may be unfamiliar for generalist appellate lawyers.

We also represent national insurance industry associations as amici curiae in federal and state appellate courts nationwide, preparing amicus briefs that add substantial value to the parties’ briefs and occasionally participating in oral argument.

Our Team

Our team members are nationally renowned as insurance lawyers, and our team includes a member of the American Academy of Appellate Lawyers (AAAL) and a past chair of the Appellate Law Section of the Federation of Defense and Corporate Counsel (FDCC).

Whatever appellate issues your company faces, our top-tier Insurance Appeal team will leverage our legal services support your goals. We are committed to helping you through high-stakes and complex appeals, and where appropriate limiting your risk and exposure, through strategic planning, negotiations, settlements, and appellate litigation throughout in the United States.

Experience


Secured Victory Clarifying PIP Coverage Before Massachusetts Appeals Court

Represented a major insurer in successfully defending a Massachusetts Appeals Court appeal confirming that personal injury protection (PIP) coverage requires actual physical contact with a vehicle. Court unanimously agreed that “struck” does not include “near miss” incidents, rejected the plaintiff’s reliance on out-of-state cases, distinguished a Massachusetts Supreme Judicial Court decision, and emphasized that expanding PIP coverage beyond the statutory text is a matter for the legislature. Outcome provided important guidance for insurers and policyholders on PIP coverage. A petition for further appellate review is pending in the Supreme Judicial Court.

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Secured Victory Clarifying PIP Coverage Before Massachusetts Appeals Court

Appellate: Hurricane Katrina Case

Represented a major insurance industry association as amicus curiae in Hurricane Katrina case in which the Louisiana Supreme Court reversed a state appellate court and ruled that the water damage exclusion used in most homeowners insurance policies was applicable to the flooding that occurred in New Orleans at the time of Hurricane Katrina, an issue with an estimated exposure to the insurance industry of more than $1 billion.

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Ardente v. Standard Fire Insurance Company

Ardente v. Standard Fire Insurance Company, 744 F.3d 815 (1st Cir. 2014) – Obtained reversal by the U.S. Court of Appeals for the First Circuit of a district court judgment finding that manufacturing defect exclusion in yacht insurance policy was ambiguous. The First Circuit panel, which included retired Supreme Court Justice David H. Souter, agreed with our client's position that the latent defect exception to the manufacturing defect exclusion was not ambiguous and the damage to the yacht did not fall within that exception, and directed the district court to enter judgment in favor of our client.

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