FisherBroyles attorneys have extensive knowledge of insurance transactional, litigation and regulatory issues. Our group offers clients innovative solutions in a knowledgeable, effective and creative manner. Whether as part of a large law firm practice or in corporate legal departments, each of us has worked in depth with the issues relating to life insurance, annuities, property and casualty, life settlements and premium finance, financial guaranty, title and healthcare lines. Our clients have included a broad range of industry participants such as U.S. and foreign insurance and reinsurance companies and special purpose vehicles, agents and brokers, investment banks, service providers, investors, service contract providers, high net worth individuals and policyholders. In addition, we provide targeted dispute resolution services to both insurance services providers and coverage buyers.Our knowledge and familiarity with general corporate, securities law and derivatives issues allows us to provide complete solutions for complex issues.
We also provide excellent representation to insurers, insureds, sureties, and reinsurers in litigation.Our attorneys have litigated insurance and surety issues such as insurance fraud, bad faith, negligent failure to settle, duty to defend, duty to indemnify, excess carrier rights and obligations and have done so in Federal and state courts, both at trial and on appeal, and in various arbitration forums.
- Life settlement and premium finance transactions for the full range of participants in the industry, including life settlement providers, intermediaries, financing entities, institutional investors and funds. Services include: establishment and structuring of dedicated funds; development and multi-state filing of required seller facing life settlement documentation; service provider documentation and development of investor documentation; structuring, due diligence, documentation and negotiation of sale and acquisition of life settlement and premium finance portfolios and financing facilities; regulatory compliance in life settlements and premium finance; and establishing the structure for an online platform designed to facilitate life settlement transactions.
- Structuring of and investments in insurance-linked securities — catastrophe bonds and sidecar transactions covering a full range of natural perils and financing structures, Triple X, A Triple X, life insurance and annuity arbitrage bonds, mortgage-linked notes, weather-linked notes, residual value insurance, life settlement, premium finance funding transactions, embedded value and closed block transactions, and all attendant corporate, insurance, securities and regulatory documentation and negotiations.
- Funding transactions for insurance companies such as surplus notes, capital notes and other statutorily permitted instruments.
INSURANCE & REINSURANCE TRANSACTIONS
- Establishing on-shore and off-shore captive insurance companies and captive insurance programs, both stand-alone and as part of coordinated wealth management programs.
- Reinsurance transactions of all forms, for on-shore and off-shore reinsurers, credit for reinsurance issues, establishing qualifying reinsurance trusts and service agreements, negotiating agreements and obtaining regulatory approvals.
- Establishing on-shore and –offshore insurers and reinsurers, both special purpose and fully operational entities.
- Bank-owned and corporate-owned life insurance transactions.
CORPORATE ORGANIZATION & REORGANIZATION
- Mergers, acquisitions of and investments in insurance companies in all lines of businesses, by U.S. and foreign acquirers, including compliance with U.S. and foreign regulatory requirements, either through stock transactions, asset purchase, combinations or reinsurance.
- Corporate restructurings, including spin-offs, divisions, divestitures, establishments of holding companies and other forms of corporate reorganizations.
- Establishing onshore and offshore insurance and reinsurance companies, including captive insurers, transformers, cell companies, series entities.
LITIGATION & DISPUTE RESOLUTION
- Analyzing insurance coverage issues for insurers, reinsurers, excess carriers.
- Representing insurers, reinsurers and sureties in coverage disputes with insureds or other carriers, including duty to defend, reservation of rights, duty to indemnify, cooperation clause compliance and other issues.
- Representing insurers, whether primary or excess carriers, in “bad faith failures to settle” contexts and analyzing whether “duty to settle within policy limits” has been triggered; proceedings have included negotiation, mediation, arbitration and litigation.
- Conducting Federal and state litigation, both trial and appellate, on behalf of insurers, sureties and insureds.
- Insurance insolvency and receiverships
- Licensing and agent issues
- Permitted investments
- Risk-based capital
- Marketing and sales practices
- Service contracts and extended warranties
- Monitor claims for excess insurers on cyber insurance towers
- Draft cyber insurance policies and endorsements
- Consideration of existing ISO cyber forms
- Provide coverage advice and counseling on coverage issues for cyber insurers
- Prosecute or defend declaratory judgment actions for cyber insurers
- Advise insurers on reservation of rights issues
- High level counseling of companies regarding available coverages