Insurance

Our clients are active in every sector of the insurance industry, including life and financial lines, property and casualty, reinsurance, and title insurance. On their behalf, we handle complex litigation and class action defense, and offer corporate and regulatory guidance.

Life Insurance and Financial Lines 

We serve the needs of the life insurance industry in connection with life, annuity, pension, and credit insurance businesses. We have represented life insurance companies throughout the United States in national, “bet the company” class action and complex commercial litigation cases. Our attorneys are not just “litigators,” but experienced trial lawyers with the depth to efficiently and creatively defend against both traditional and new issues raised by plaintiffs’ lawyers under state and federal law. Our firm’s securities, tax, ERISA and state regulatory lawyers have established national reputations for development and counseling on all forms of life insurance and annuity products in the individual and qualified plan markets. We bring an integrated approach to servicing our life insurance clients by drawing on the collective experience of our business, regulatory, and litigation attorneys. Learn more about our life insurance and financial lines capabilities.

Property and Casualty

Carlton Fields represents leading insurers in the U.S. and Pan-American, London and European, and world markets. Our services include coverage analysis and litigation; claims, underwriting, business practices litigation (including class actions); counseling on regulatory compliance and interacting with regulators; defending insureds in litigation; and representing insurers in mergers, acquisitions, and restructuring transactions. 

We handle matters involving diverse businesses and coverages within the insurance industry, and insurance matters affecting a broad range of industries. That experience, together with our lawyers’ collective experiences working with and in industry law departments, give us a deep understanding of our clients’ priorities and needs. Our clients gain valuable advantages from our understanding when faced with complex disputes, negotiations, and working with regulators and legislators. Learn more about our property and casualty insurance capabilities.

Representation and Warranty Insurance

Carlton Fields represents property and casualty insurers in a wide range of transactional matters, including mergers and acquisitions. As part of our comprehensive M&A practice, we have extensive experience with representation and warranty insurance (RWI), a tool increasingly used by both buyers and sellers to decrease their exposure in M&A transactions. Learn more about our representation and warranty insurance capabilities.

Reinsurance

Our experience with many insurance and financial products also strengthens our ability to serve our clients in reinsurance dispute resolution, reinsurance transactions, reinsurance counseling, and regulatory matters.

We provide property and casualty insurers with a broad range of services relating to their ceding of risks through reinsurance transactions. These services include representing ceding insurers in catastrophe bonds; negotiating and documenting reinsurance transactions; reviewing reinsurance contracts; advice and counsel on fronting arrangements; forming and counseling captive insurers; evaluating and arbitrating reinsurance claims; and representing reinsurers in insurer insolvency proceedings.

Our lawyers are experienced in counseling both reinsurers and ceding companies as to their rights and obligations under reinsurance treaties and facultative reinsurance contracts. We have represented reinsurers and ceding companies in reinsurance arbitration proceedings involving both domestic and international insurers and reinsurers. Learn more about our reinsurance capabilities.

Financial Services Regulatory 

We advise and counsel insurers in the courtroom, regulatory arena, and legislature. Our experience covers all regulatory practice areas, including highly specialized fields such as design, registration and approval of new insurance products, ratemaking, market conduct, and solvency.

We routinely assist insurance clients with corporate transactions, including formation or acquisition of insurance companies, insurance company mergers and acquisitions, corporate restructuring, portfolio transfers, sales or transfers due to insolvency proceedings, joint venture arrangements, sales of insurance agencies and brokerage firms, reinsurance arrangements, and separate account transfers, reorganizations, and deregistrations.

We also advise insurance clients on regulatory financial matters concerning surplus notes, administration of deposits, and the status of insurer assets, liabilities, and investments under state insurance statutory accounting statutes. Learn more about our financial service regulatory capabilities.

Title Insurance

We handle a wide range of matters for title insurers and their insureds. We have served as lead counsel in complex title matters in 17 states, and have handled claims for every major title insurer in Florida and Georgia. Our lawyers analyze, negotiate, and litigate complex coverage issues. We have represented underwriters in cutting-edge impact litigation, including Florida’s Butler premium rebate litigation a decade ago, and today’s reissue rate premium class actions in Florida, Pennsylvania, Ohio, New York, and Michigan.

Our representation includes underwriters in major regulatory matters and market conduct examinations related to title agent defalcations, and in closing protection letter claims and litigation. We regularly represent title insurance companies on coverage questions, disputes between different title insurance companies, actions against title agents and their insurers, and title agent defalcations. Learn more about our title insurance capabilities.