The following Insurance & Reinsurance practice note provides comprehensive and up to date legal information covering:
Most (re)insurance lawyers are either litigators or corporate/regulatory lawyers (but rarely both). Most insurance law firms offer both types of service but the emphasis between contentious or non-contentious work varies.
Insurance litigators are often instructed to advise on policy coverage. The proper interpretation of the policy wording will determine whether a particular loss is covered. Cover under the policy is kept under review by the litigator as the factual circumstances of a loss are ascertained. They will also act on behalf of their insurer or policyholder client in any dispute that may arise and in relation to any associated subrogated recoveries or claims for contribution. See: Subrogation—overview for further information.
If it transpires that a policyholder is not covered in respect of a loss that it had intended should be covered, it is common for the blame to be directed at the brokers who arranged the insurance. Insurance brokers may therefore become involved in coverage disputes and will therefore instruct their own lawyers. For further information, see: Brokers—overview.
In liability insurance, insurance litigators may be instructed by an insurer to defend its policyholder (and therefore its own interests) against claims made against the insured by third parties.
For more information, see Practice Note: Liability insurance—notification of claims and circumstances and defence of claims.
While disputes about coverage may arise more frequently, insurance litigators are also
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