Called the "go-to group for complex matters and unique issues" by Chambers USA and named seven times as "Insurance Group of the Year" by Law360, Steptoe’s team of more than 50 lawyers across the US, London, and Brussels is a preeminent insurance and reinsurance practice. Our lawyers have appeared in nearly every state, and in arbitrations throughout the US and abroad. Having tried scores of cases and presented argument in numerous intermediate appellate and supreme courts, our extensive courtroom experience and thorough knowledge and understanding of insurance law has rewarded us with handling the most cutting edge and complex issues in the insurance and reinsurance area.
Our Insurance/Reinsurance Group handles a wide-range of third-party coverage disputes involving sports injuries, abuse claims, environmental contamination, hazardous products, financial products, pharmaceuticals, and medical devices. The group also represents insurers in first-party coverage litigation, including cases arising from COVID-19, cyberattacks, builder's risk claims, hurricanes, fires, earthquakes, floods, and other natural and man-made disasters. Our lawyers — noted as "excellent strategists" by The Legal 500 US — also serve as defense counsel for insureds in professional liability matters, construction litigation, and other commercial disputes.
Noteworthy
- Chambers USA, Insurance Law Firm of the Year (2018, 2021)
- National Law Journal, Washington Litigation Department of the Year in Insurance (2015, 2018-2019)
- Law360, "Insurance Group of the Year" (2013-2016, 2019-2020, 2022)
- Chambers USA, Band 1, Insurance: Dispute Resolution: Insurer, Nationwide (2007-2023)
- Chambers USA, Band 1, Insurance: Insurer, DC (2005-2023)
- Legal 500 US, Insurance: Advice to Insurers (2010-2023)
- Legal 500 UK, Insurance and Reinsurance Litigation (2010-2012, 2018-2020)
- Chambers UK, Insurance: Non-Contentious, UK-wide (2013-2016)
- Chambers UK, Insurance: Contentious Claims, Insurance: Reinsurance, UK-wide (2012-2016)
Steptoe represents major national and international insurers in complex, high value coverage disputes under commercial property and marine policies, as well as first-party property reinsurance exposures. Steptoe excels at finding the best strategic approach, including litigating cases to trial or through motions practice, or reaching a non-litigated resolution when appropriate. Steptoe’s work addresses a wide range of issues, such as threshold questions of whether coverage is provided by all-risk, exclusions, difference-in-condition/difference-in-limits, and constructions all risks and erection all risks policies. In addition, Steptoe lawyers are well-versed in addressing issues pertaining to trigger, number of occurrences, late notice, and a myriad of issues associated with damages and valuation provisions.
In recent years, our lawyers have been at the forefront in nationwide litigation concerning whether business losses incurred during the COVID-19 pandemic are covered under first party policies. Serving as national coordinating counsel for two major property insurers, Steptoe lawyers have won hundreds of individual and many putative class action COVID-19 coverage cases in trial courts and appellate courts and prevailed in avoiding multidistrict litigation (twice). Steptoe’s other recent representations include prevailing on a large builder’s risk claim, and addressing significant exposure cyber coverage claims and building collapse claims.
Our nationally recognized environmental coverage practice leads the industry in representing insurers in complex, multiparty coverage disputes arising out of environmental contamination and pollution with potential exposure in the hundreds of millions of dollars. We also advise clients outside the litigation context on environmental coverage issues. We have secured precedent-setting victories in state and federal courts on a number of issues, including the proper interpretation of the pollution and asbestos exclusions, number of occurrences, application of limits of liability, what constitutes a suit, scope of damages, allocation of costs, late notice, consent to settlements, and the cooperation clause, to name just a few. Steptoe lawyers handle these issues all over the country, from New York to California, from Washington State to Florida — and everywhere in between. Many Steptoe partners have been handling these cases for more than 30 years and serve not only as trusted advisors, but also as the institutional “memory” for many insurance clients. Steptoe lawyers have been responsible for numerous reported decisions that have helped develop much of the environmental insurance authority on which major insurers depend to this day.
Steptoe lawyers are at the forefront of litigation involving insurance products designed to cover financial investments. These products often have taken the form of credit and/or clean-up cost protection associated with commercial real estate loans. The collapse of various loan markets has given rise to disputes implicating financial underwriting misrepresentations, lending criteria, servicing activities, timeliness of notice, and complex environmental issues, all within the context of financial transactions worth hundreds of millions of dollars. Faced with these novel issues, Steptoe lawyers have been able to draw upon their years of experience to develop strategies to handle disputes successfully in the context of litigation and high-stakes, confidential arbitration. We also represent insurance clients in complex coverage disputes arising from banking and financial institution operations, addressing questions such as what constitutes an "occurrence" for purposes of insurance coverage and whether the harm for which coverage is sought was expected or intended.
Steptoe insurance group lawyers have handled multiple insurance coverage arbitrations under the Bermuda Form. Steptoe has served as lead counsel for insurance companies in multiparty arbitrations and mediations involving coverage claims for $1 billion, $600 million, $100 million, and $70 million arising out of four "blockbuster" drugs and medical devices. Steptoe also successfully handled Bermuda Form multimillion-dollar disputes arising from the Deepwater Horizon explosion in the Gulf of Mexico. Given the large sums at stake, Steptoe is able to mobilize substantial legal manpower and resources to review, synthesize, and put forward forceful coverage-related defenses, while drawing on significant international litigation experience to handle arbitrations that often take place in London or Bermuda.
Leading insurance and reinsurance companies rely on our firm to protect their interests because we have the ability to deploy a range of litigation professionals with a deep understanding of the industry. We help clients proactively avoid disputes through policy and reinsurance contract wording revisions. When litigation cannot be avoided, Steptoe brings a wealth of experience to bear.
Steptoe’s reinsurance team regularly represents cedents, reinsurers, and retrocessionaires in high-profile arbitrations and litigation involving the full range of reinsurance issues in the United States, the United Kingdom, Europe, and Bermuda. We regularly litigate the duty of utmost good faith, follow the fortunes, disputes arising from the sale of large blocks of risk, and issues pertaining to the aggregation of risk under catastrophic reinsurance cover. Steptoe handles complex disputes at the forefront of the industry, including catastrophes and natural disasters; asbestos and environmental; life reinsurance, oil & gas, utility and nuclear; aviation; surety and financial guarantee; workers’ compensation; disability and long term care; alternative risk finance programs; broker negligence; professional liability; and MGA programs. Our representations have involved virtually every major issue to sweep through the reinsurance industry including: World Trade Center; Enron; Hurricane Katrina; the Financial Crisis and Financial Guarantee Company Insolvencies; Life Reinsurance YRT disputes; unclaimed property; pharmaceutical liability matters, environmental and asbestos exposures; London Market Excess (LMX) spirals; and brokerage bid-rigging issues affecting the purchase of insurance and indemnity cover.
Steptoe routinely represents clients in contentious regulatory matters, and provides counselling in insurance regulation. Our practice excels in complex cases at the intersection of insurance with bankruptcy and contentious regulatory matters, and, as an example, our attorneys have litigated the first contested liquidation proceeding in over two and a half decades in New York.
Steptoe has a dedicated and specialized EU insurance and reinsurance regulatory practice with team members based in Brussels and London. We advise on EU law and the EU institutional framework as it applies to the re/insurance sector, and intersects with EU member state legislation. In the context of Brexit, we advise on implications for inward and outward firms. Our regulatory work includes advising insurers, reinsurers, and other financial clients on setting up and maintaining business in Europe. Clients benefit from our vast experience in developing insurance products that comply with local legislative and regulatory requirements, resolving questions on transfer of insurance and reinsurance portfolios, and assisting clients wishing to expand and restructure their operations in Europe.
A large proportion of reinsurance business in the EU is handled in the UK. We advise on UK and EU regulation of that business, assist in designing products and drafting contracts, advise on sophisticated risk-transfer transactions, and help reinsurers with claims, including coverage disputes. Our lawyers regularly advise on related, cross-sectoral matters, such as money laundering, data protection, competition, and corporate governance.
Representative Matters
- Band’s Visit National Tour LLC et al. v. Hartford Fire Insurance Company, --- A.3d ---, 2023 WL 8543412 (Del. Super. Nov. 29, 2023). Prevailed on summary judgment on fraud claim involving agency issues as well as novel coverage issues regarding whether the suspension of a multi-state tour due to the COVID-19 pandemic involved multiple occurrences.
- Yankees Ent. & Sports Network, LLC v. Hartford Fire Ins. Co., 634 F. Supp. 3d 203, 207 (D. Del. 2022), aff'd, No. 22-3121, 2023 WL 6291784 (3d Cir. Sept. 27, 2023). Affirmed dismissal of the COVID-19 business interruption claims of Yankees Entertainment and Sports Network (YES) because Delaware lacked personal jurisdiction over Hartford Fire despite the purported nationwide scope of YES’s broadcasts.
- Brentzel v. AIG Property Casualty Co., 1:20-cv-1055, 2021 WL 3473504 (E.D. Va. 2021), aff’d No. 21-2239 (4th Cir. Oct. 7, 2022). Obtained summary judgment for property insurer on suit limitation grounds in suit brought by socialite claiming millions in losses of property during move.
- D&B Marine, LLC v. AIG Property Casualty Insurance Co., No. 15 CVS 20506 (N.C. Super. Ct., Mecklenburg County Mar. 3, 2022). After defeating bad faith claim on summary judgment, prevailed in three-week jury trial against policyholder seeking coverage for total value of yacht that sunk in Atlantic Ocean, with jury finding that loss did not arise from a covered occurrence.
- Maxum Indemnity Co. v. Polymer80, Inc., No. 2:21-cv-5852 FLA (GJSx), 2022 WL 3013134 (C.D. Cal. April 18, 2022). Prevailed on a Rule 12 motion in a matter involving third-party coverage issues associated with a manufacturer of ghost guns.
- Confidential Arbitration (concluded December 2021). Represented two major property insurers in defending against claims under a builders’ risk policy pertaining to a large office building in a major metropolitan area, with alleged damages exceeding $100 million. After a multi-week arbitration, prevailed in full against policyholders. The arbitrator found for Steptoe’s clients on five different coverage issues.
- Monday Restaurants LLC. v. Intrepid Ins. Co., 2021 WL 2222692 (E.D. Mo. June 2, 2021), aff’d 32 F.4th 656 (8th Cir. April 26, 2022). Obtained dismissal of putative class action complaints in two consolidated cases in which policyholders sought business income coverage for economic losses incurred in complying with COVID-19 orders restricting business operations.
- Represent liability insurer in insurance coverage disputes relating to high-profile liabilities, including claims arising out of the drinking water in Flint, Michigan, the Champlain Towers condominium collapse in Florida, and school and workplace shootings.
- Represent multiple liability insurers with respect to sexual abuse claims involving the Boy Scouts of America and various religious institutions.
- Obtained summary judgment on behalf of liability insurer for contribution claim brought by another liability insurer that sought about $16 million in contribution for defense costs incurred in defending common policyholder against construction defect claims.
- Argued and prevailed in precedent-setting case before Maryland’s highest court in which the court held that defense costs for progressive injury claims must be prorated throughout the period in which injury occurred.
- Prevailed on the first substantive decision on COVID-19 business interruption claims, Social Life Magazine Inc. v. Sentinel Ins. Co., Ltd., No. 1:20-cv-03311 (S.D.N.Y. May 14, 2020), as well as repeatedly thereafter in jurisdictions across the country. Twice defeated multidistrict litigation requests related to COVID-19 claims, including one effort in which Steptoe was one of two firms arguing on behalf of the entire industry.
- Prevailed before Ohio intermediate appellate court with respect to lack of coverage for coal tar pitch exposures.
- Waste Management, Inc. v. AIG Specialty Insurance Co., 377 F. Supp. 3d 700 (S.D. Tex. 2019), aff’d 974 F.3d 528 (5th Cir. 2020). Client issuing pollution coverage policy granted summary judgment that $26 million in criminal defense costs arising out of environmental discharge in Hawaii were not covered under policy.
- Represent multiple insurers in litigation concerning the availability of insurance coverage for concussion-related claims, including claims asserted by former NFL players and players involved in a myriad of other professional, collegiate, and amateur sports, as well as product manufacturers.
- Voided a reinsurance agreement in its entirety due to material non-disclosures by the cedent at point of cession in a $300 million-dollar action for rescission of a reinsurance contract between an Irish reinsurer and Barbadian cedent.
- Successful representation of a reinsurer in a dispute in which the reinsurer objected to having to follow the cedent's fortunes as to regulatory fines and penalties associated with compliance issues imposed on the block of business due to the cedent's handling of the business. The reinsurer sought both declaratory relief from having to pay future compliance costs, as well as millions in damages resulting from the altered financial profile of the block based on the regulatory changes.
- Tesoro Refining & Marketing Co. v. National Union Fire Ins. Co. of Pittsburgh, Pa., Case No. 5:13-cv-00931, (W.D. Tex. 2015), 833 F.3d 470 (5th Cir. 2016). Won summary judgment from district court and affirmation from Fifth Circuit in favor of insurer rejecting policyholder claim under commercial crime policy.
- General Ins. Co. v. Walter E. Campbell Co., No. 1:12-cv-03307-WMN (D. Md. 2016). Significant victories for insurers in asbestos-related insurance dispute by obtaining judgment as to the proper interpretation of the “completed operations hazard” definition contained in insurance policies.
- Maremont Corp. v. Ace Prop. & Cas. Ins. Co., Case No. 12-1379-RGA (D. Del. 2015). Obtained summary judgment for insurer claiming interpretation of products hazard exclusion and drop down provisions of a Swiss policy.
- The Travelers Indemnity Co. v. Orange & Rockland Utilities Inc. et al., Case No. 603601/02, (NY App. Div. 1st Dept.). Obtained judgment of no coverage based upon policyholder’s late notice for environmental contamination at a gas plant.
- Travelers Indemnity Co. v. US Silica Co., Case No. 14-0343 (Sup. Ct. App. W. Va. 2015). Supreme Court of Appeals of West Virginia reversed a jury verdict and ordered judgment against US Silica in thousands of lawsuits alleging injuries caused by exposure to its silica products.
News & Publications
Focus on Tax Controversy Newsletter
Third Circuit Denies Stay in Microcaptive Insurance Case; Delaware Appeals to Supreme Court
August 2, 2023
By: Lawrence Hill
Media Mentions
Media Coverage of Steptoe's Expansion of Financial Services, and Insurance and Reinsurance Teams
July 28, 2023
Press Releases
July 26, 2023
Press Releases
Steptoe Receives 28 Practice Rankings, 34 Individual Awards in Legal 500 US 2023
June 14, 2023
Press Releases
Steptoe Receives 25 Practice, 72 Individual Mentions in Chambers USA 2023
June 1, 2023
Press Releases
North Carolina Court of Appeals Affirms Steptoe’s Trial Win for Client AIG
March 21, 2023
Client Alerts
Regulatory Landscape: What to Watch for the UK and the EU in 2023
January 26, 2023
By: Darren Abrahams, Renato Antonini, Ruxandra Cana, Tom Gillett, Byron Maniatis, Alexandra Melia, Eva Monard, Zoe Osborne, Algirdas Semeta, Guy Soussan, Charles Whiddington, Elli Zachari
Media Mentions
The New York Times Covers Steptoe's Insurer Representation in $410 Million Art Coverage Dispute
The New York Times
November 17, 2022
Events
Webinars
April 26, 2017
Speakers: Guy Soussan, Algirdas Semeta
Webinars
Brexit: Legal & Regulatory Options for the Reinsurance Sector
July 6, 2016
Speakers: Angus Rodger, Guy Soussan
Seminars & Events
Antitrust for Insurers and Reinsurers
February 24, 2016
Speaker: Angus Rodger
Steptoe
5 Aldemanbury Square
London EC2V 7HR