Insurance Litigation

Experience

Our attorneys represent insurers in a wide range of litigation matters, including disputes over coverage, bad faith claims, and allegations of fraud in premium accounting and other practices. Our extensive experience with insurance coverage and regulatory matters - combined with our understanding of complex policy terms, conditions, and exclusions - makes us well qualified to handle any insurance litigation that comes along.

Representative Matters

  • Represented, on an ongoing basis, a number of insurance carriers in the defense of claims as a result of catastrophic weather and other circumstances, including Hurricane Sandy.
  • Represented state and national insurance trade organizations that intervened and successfully opposed an appeal filed by several physicians groups challenging a revised and expanded PIP schedule issued by the New Jersey Department of Banking and Insurance.
  • Obtained summary judgment for an insurer regarding the application of a casualty policy's pollution exclusion for a $20 million plus claim arising from nearly 30 years waste disposal from a manufacturing facility in Massachusetts.
  • Represented life, health, and disability insurance companies in claims involving misrepresentation, fraud, disability, suicide, and accidental death -- millions of dollars in claims have been saved or recovered in these matters.
  • Appeared before the United States Supreme Court on behalf of the commercial health insurance industry in an ERISA-based challenge to New York State's method of regulating hospital rates.
  • Successfully defended class action suits involving auto, homeowners, and credit insurance policies.
  • Represented the insurance industry in various challenges brought by American Trial Lawyers Association of New Jersey's latest auto reform legislation, implementing regulations and policy forms.
  • Represented the insurance industry before the New Jersey Supreme Court concerning whether an agent has a private cause of action to enforce the state's insurance laws.

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Related Practices

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For 2020, Windels Marx is ranked in the Metropolitan Tier 1 (New Jersey) category for Insurance Law, and the Metropolitan Tier 2 (New Jersey) category for Litigation - Insurance.