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Practice Overview Martin Clearwater & Bell LLP counsels the legal departments of corporations and insurance companies who are defending large exposure punitive damage litigation, based on allegations of alleged fraud and misrepresentation by the company and/or its sales force with respect to a variety of products including whole life insurance, straight and variable universal life insurance and annuities.
The Firm has experience in reviewing large volumes of policyholder and agent related files for the purpose of drafting reports and analyzing the strengths and weaknesses of a life insurance company’s policy holder complaints and lawsuits involving allegations of fraud and misrepresentation in the sale of life insurance, annuities and other securities products. These reviews were done for the purpose of responding to discovery demands in pending lawsuits.
MCB has also reviewed thousands of application files to determine whether they met the guidelines set down by a particular Court for production in a pending lawsuit involving claims against the life insurance company and/or its sales force. The Firm advises clients regarding the interpretation of insurance policies and the application of these clauses to a variety of disputes.
MCB’s attorneys have extensive experience dealing with disclaimers of coverage, and in devising litigation and settlement strategies for professionals, companies and insurers involved in coverage disputes. In addition, the Firm has experience in issuing coverage opinions and reservations of rights and disclaimer letters.
MCB has actively litigated declaratory judgment actions in State and Federal courts. The Firm's ability to analyze complicated insurance disputes quickly and accurately allows for prompt and effective strategies for resolution of insurance coverage issues. MCB attorneys have litigated first party insurance coverage disputes and have successfully litigated cases involving misrepresentation, fraud and bad faith with respect to whole life insurance, straight and variable universal life insurance and annuities. The Firm frequently advises clients regarding the adequacy of their risk management measures, and is often asked to provide opinions as to whether a particular exposure is covered by insurance. The Firm has also handled matters involving additional insured coverage, indemnification and coverage, and the North Star doctrine and anti-subrogation principles.
MCB also handles reinsurance disputes which are in litigation, arbitration and mediation. The Firm provides advice and planning on insurance and reinsurance issues arising in the normal course of business. MCB attorneys have an in-depth understanding of all aspects of the insurance marketplace, including underwriting, policy wording, premium accounting, claims administration, and apportionment of legal expenses. Attorneys are also well-versed in a wide range of reinsurance issues, including reinsurance contract formation and interpretation, scope of coverage, claims handling, pre-answer security, allocation, number of occurrences, follow fortunes and follow settlements, right of inspection, declaratory judgment expenses and offset. For further information, please contact Michael A. Sonkin, Managing Partner at
Attorneys Kenneth R. Larywon
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