Williams Kastner homepage

Insurance

Representative Insurance Experience

The Insurance Practice Group’s members provide consultation and representation to insurance industry clients including insurers, reinsurers, self-insurers, agents, brokers, and pools.  The Group also handles business, management, regulatory and corporate insurance matters.  The Group’s experience includes acting in an advisory capacity and monitoring counsel as well as extensive litigation, trial, arbitration and mediation experience.  The following is an outline of some of the services provided and a list of some of the specific insurance experience of the practice group members.

Coverage Disputes and Litigation

  • Numerous large and small matters for various insurers, including coverage opinions and reservation of rights letters
  • Environmental coverage
  • Directors and officers liability coverage
  • Commercial general liability coverage
  • Commercial property insurance coverage, including builders’ risk
  • Employment benefits liability coverage
  • Employment practices liability coverage
  • Equitable contribution and subrogation claims between insurers
  • Commercial automobile insurance coverage
  • Disability insurance
  • Health insurance
  • Umbrella policies
  • Surety bonds
  • P&I Club policy disputes regarding vessel coverage
  • Life insurance
  • Excess policies and certificates
  • Title insurance

Regulatory Matters

  • Counsel in the creation and operation, including initial financing issues, of a Washington domiciled liability reciprocal
  • Counsel in the creation of a Washington domiciled liability stock insurer
  • Counsel in the creation of a property and casualty reinsurer domiciled in Bermuda
  • Counsel for a lender in the purchase of a Washington domiciled life insurer
  • Counsel for a property and casualty broker/TPA regarding licensing and compliance in each of the states
  • Counsel for alien life insurer regarding foreign government ownership and control issues
  • Counsel for large national property and casualty carrier group regarding change of control issues in leveraged buyout
  • Counsel for various insurers regarding certificates of authority in Washington state
  • General counsel for surplus line broker association
  • Counsel in various matters with the Washington State Office of Insurance Commissioner regarding enforcement proceedings, proposed regulations and proposed insurance legislation
  • Regulatory counsel for liquidating health insurer
  • Creation of risk retention and risk purchasing groups
  • Counsel in various matters involving propriety of using certain specific insurers for specific surplus line coverage
  • Counsel in various matters regarding “admitted asset” treatment of specific investments and reinsurance items
  • Counsel regarding various agent, broker and MGA enforcement/compliance matters

Reinsurance

  • Negotiated and revised language in treaties between insurers and reinsurers
  • Negotiated and revised language in retrocession agreements between reinsurers
  • Assisted insurer with commutation of reinsurance treaty
  • Acted as counsel for Bermuda-based specialty reinsurer
  • Counsel for specialty life/disability reinsurer

Policy Form Design and Drafting

  • Drafted and assisted in the creation of a national insurance program for independent long haul truckers
  • Numerous health insurance policy drafting tasks
  • Assisted with creating professional malpractice claims-made policies and endorsements
  • Advised with respect to policy forms for national default option property insurance programs
  • Assisted national insurer with use and wording of additional insured endorsements
  • Drafted D&O indemnity agreements as a supplement for corporations with D&O coverage

Intermediary Agreements and Other Matters

  • Drafted and advised regarding sub-producer agreements for workers compensation and  USL&H insurance
  • Drafted and negotiated TPA agreements for national insurance programs
  • Negotiated and participated in drafting transfer of broker book of
  • business to another  broker
  • Drafted Risk Purchasing Group producer agreement for national broker
  • Arbitrated a dispute under MGA agreement regarding ownership of expiration’s
  • Advised regarding termination of an agency agreement
  • General counsel for broker and TPA with nationwide property insurance program regarding program agreements, agency/broker agreements, sub-producer agreements,  and claims
  • General counsel for Surplus Line Association
  • Litigated surplus line broker’s obligation

Creation of Insurance Entities

  • Counsel in the creation and operation including initial financing issues, of a Washington  domiciled liability reciprocal Counsel in the creation of a Washington domiciled liability stock insurer
  • Counsel in the creation of a property and casualty reinsurer domiciled in Bermuda
  • Counsel in creation of specialty reinsurer

Guaranty Fund Matters

  • Litigated coverage disputes with Washington Insurance Guaranty Fund
  • Advised regarding guaranty fund coverage
  • Advised regarding guaranty fund assessment obligations
  • Advised regarding obligations of insurers

Other Matters

  • Counsel in creation of a premium finance company
  • Advised regarding compliance with premium finance laws of Washington
  • General counsel for small health insurer
  • Litigation regarding broker’s trust account deficiencies
  • Litigated claims involving cancellation and non-renewal of professional liability policy for  non-payment of premium
  • Premium collection litigation
  • Litigation of subrogation claims