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David A. Shimkin published the article “Quirk in law allows defense attorneys to 'literally' remove cases to federal court” for Westlaw Today.
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Cozen O’Connor represents major domestic and foreign insurers on a worldwide basis and is a recognized leader in insurance law. With nearly 200 top insurance attorneys, Cozen O’Connor fields arguably the most sophisticated insurance law department of any firm in the United States.
Underwriters and claims handlers need counsel with deep industry knowledge and allegiance. Complex regulations, consolidation, and increasing litigation are just a few of the challenges insurers face. Cozen O’Connor is prepared to help insurance clients meet the demands of this fast-paced, high-stakes marketplace.
Underlying Cozen O’Connor’s special relationship with the insurance industry is our dedication to providing a truly full-service practice. Our attorneys operate in a vast range of critical specialties in hundreds of jurisdictions. With offices in 30 cities across the U.S., as well as in London and Toronto, Cozen O’Connor is able to provide counsel on a state-by-state, national and international basis.
Litigation. Cozen O’Connor represents insurers in complex coverage and bad faith disputes regarding virtually all lines of personal and commercial insurance. Our attorneys have served as lead trial counsel or national coordinating counsel in some of the largest coverage cases in recent memory, including Superstorm Sandy, the 9/11 attacks and the Deepwater Horizon oil spill. The firm is also a world leader in the area of subrogation, successfully recovering in excess of $200 million on behalf of our clients on an annual basis.
Business Transactions. Cozen O’Connor provides practical strategic advice to underwriters on regulatory compliance, corporate governance, major transactions, and the launch of new business organizations. We lead mergers, acquisitions, and entity creation; license and register industry participants; handle regulatory filings and contract negotiations; and structure alternative risk mechanisms, including captives, risk retention groups, and self-insurance plans.
Regulatory. Few industries are as heavily regulated as insurance. We advise on compliance, advertising, statutory reporting, receiverships, director and officer fiduciary duties, and board operations. Our attorneys regularly design corporate policies for insurers on privacy, document retention, codes of ethics, conflicts of interest, anti-fraud, subrogation policies, and claims handling. And we offer specific counsel on insurance topics, including investment restrictions, holding company matters, premium tax, surplus notes, premium financing, statutory deposits, and McCarran-Ferguson antitrust rules.
The Cozen O’Connor Insurance Industry Team includes fellows in the American College of Trial Lawyers, International Academy of Trial Lawyers and American College of Coverage and Extra-contractual Counsel. Numerous individual lawyers and insurance-related practice groups have received the highest rankings by Chambers & Partners and other independent legal publications. Our insurance attorneys publish and lecture widely, and several have authored frequently cited insurance law treatises.
November 09, 2023
David A. Shimkin published the article “Quirk in law allows defense attorneys to 'literally' remove cases to federal court” for Westlaw Today.
November 02, 2023
Michael O'Donnell discusses a recent decision from the U.S. District Court of Maryland that subrogating plaintiffs may recover the full cost of repairs to property damaged by fire, even if the cost exceeds the property's value before the loss.
October 18, 2023
Law360 published the “Extreme Weather And Renewable Project Insurance Coverage” Expert Analysis column written by Paul Ferland and Joshua Tumen.
October 17, 2023
Law360 covered the recent expansion to the firm’s insurance litigation practice by adding Julie E. Van Wert, David M. Berke, Jerome P. Doctors, and Rangi Perera in Los Angeles and Christopher Tramonte in Houston.
September 22, 2023
Paul C. Ferland and Joshua Tumen contributed the practice note “Impact of Climate Change on Coverage under Builder’s Risk Insurance Policies for Renewable Energy Projects” for Lexis+ and Practical Guidance Insurance.
September 11, 2023
Andrew S. Paliotta wrote the expert analysis column titled “1st Circ. Harvard Ruling Provides Primer On Policy Provisions” for Law360.
August 28, 2023
The U.S. Consumer Product Safety Commission approved a settlement with Whirlpool, which will pay $11.5 million in civil penalties.
August 21, 2023
Close to 10 million dehumidifiers have been recalled in the last 10 years. Most recently, Gree announced a recall of 1.56 million Gree-manufactured dehumidifiers.
June 29, 2023
In an unexpected and last minute turn of events, the Oregon legislature failed to pass a final-stage version of House Bill 3242 before its regular session adjourned on June 25, 2023 for the remainder of the year. Generally, if HB 3242 had been promulgated into law, it would have opened the door to...
June 20, 2023
Melissa Brill and William H. Craven wrote the article, "Contractual Limitations on Umbrella Coverage and the Texas Supreme Court: Umbrella Policy Coverage Extended Beyond Service Contract Requirements” that was featured in the Federation of Defense & Corporate Counsel’s Insurance Coverage Section of the Friday Five Newsletter.
May 10, 2023
Stephen P. Pate co-authored the article, “Should I Stay or Should I Go? Recent Developments and Special Situations Impacting Removal in Insurance Cases” for the Defense Research Institute’s (DRI) May issue of For The Defense.
April 18, 2023
Limitations of Time and Notice Requirements for Commencement of Actions - Jurisdictions Comparative Chart
March 30, 2023
House Bill 837, “Civil Remedies,” focuses on bad faith litigation and attorney’s fee awards, and makes two important changes for negligence cases.
February 14, 2023
Andrew S. Paliotta wrote the expert analysis column titled, “How Courts Are Clarifying D&O Policies' Bump-Up Provisions” for Law360.
January 26, 2023
The U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s holding that a settlement with various shareholder lawsuits met the definition of an “inadequate consideration claim” in a public company D&O policy and did not constitute a covered loss.
December 06, 2022
The Court reversed the decision that an insurer would have to defend a rental property’s tenants against a third-party negligence claim arising from a fire.
November 15, 2022
In R.W. Dunteman, the court rejected the insureds’ arguments as undermining the purpose and ordinary operation of claims-made insurance.
September 22, 2022
Gary L. Gassman and Stephanie A. Nashban wrote the article “Significant D&O Cases From the First Half of 2022” for Westlaw Today.
September 16, 2022
Gary L. Gassman was featured in Business Insurance’s Up Close column, commenting on the insurance industry’s outlook and challenges, his advocacy for the LBGTQ+ community, and a look into his personal life, hobbies, etc.
August 05, 2022
John Ewell co-authored the article "NY Insurance Ruling Reveals Limits of Contra Proferentem" for Law360.
July 20, 2022
In its recent decision, Brink v. Direct General Ins. Co., 38 F.4th 917 (11th Cir. 2022), the Eleventh Circuit ruled 2-1 that the Florida district court erred when it failed to instruct a jury that an insurer not only owed a duty to settle claims for its insured, but also owed a duty to advise its...
July 12, 2022
Michael W. Melendez and Chad A. Pasternack wrote the article “Top Bad Faith Cases of 2021” for Westlaw Today.
June 30, 2022
The United States Court of Appeals for the Fifth Circuit recently affirmed a long-standing Texas rule: the duty to defend is not implicated unless the insured complies with the policy’s notice-of-suit requirements and demands a defense. Moreno v. Sentinel Ins. Co., Ltd., 35 F.4th 965, 975-77 (5th...
June 30, 2022
Alycen A. Moss and Elliot Kerzner wrote an expert analysis column titled, “Property Insurance Coverage Can Hinge On 'Riot' Or 'Protest'” for Law360.
June 28, 2022
In Elephant Insurance Co., LLC v. Kenyon, the Supreme Court of Texas reiterated the framework of an insurer’s common-law duties to insureds under Texas law.[1] In applying that framework to the facts of the case, the Court rejected an attempt to expand an insurer’s obligations under existing...
May 27, 2022
A California appellate court recently ruled that an intentional act may not be an "occurrence" even when there is no intent to cause harm.
May 26, 2022
Alycen Moss and Elliot Kerzner co-authored the article “Coverage Issues Regarding Riots, Civil Commotion, and Curfews” for the Spring 2022 issue of the Federation of Defense & Corporate Counsel’s Insights magazine.
May 03, 2022
In its recent decision, People ex rel. Ellinger v. Magill, et al., ---Cal.Rptr.3d---, No. E076378, 2022 WL 1077988 (Cal. Ct. App., Mar. 18, 2022), the California Court of Appeal refused to extend liability under California’s Insurance Frauds Prevention Act (IFPA) to an insurer’s claims handling...
April 29, 2022
A recent Supreme Court decision, High Country Paving, Inc. v. United Fire & Cas. Co., 2022 MT 72, ¶ 1, answered in the negative a question certified by a federal district court regarding tensions inherent in Montana’s Property and Casualty Insurance Policy Simplification Act (“PSA”). The...
April 21, 2022
Alycen Moss and Stephen Pate wrote the article, "Ten from '21 — The top ten property insurance decisions from 2021," published by Westlaw Today.
March 21, 2022
Angelo Savino and Ethan Price-Livingston discuss the decision in First Solar, Inc. v. Natl. Union Fire Ins. Co.
March 01, 2022
On February 15, 2022, the United States Court of Appeal for the Eleventh Circuit upheld the Southern District of Florida’s summary judgment victory for GEICO, finding that no reasonable jury could conclude that GEICO had operated in bad faith with respect to its handling of a wrongful death claim...
February 03, 2022
Paul Ferland examines event cancellation coverage in
general to identify the issues that will be at the forefront of
legal disputes in the coming years.
January 26, 2022
On January 19, 2022, New Jersey Governor Phil Murphy signed S.B. 1559, known as the “New Jersey Insurance Fair Conduct Act,” which allows motorists to sue their insurance companies over “unreasonably” late or denied coverage benefits and unfair settlement practices. The bill, passing through both...
January 18, 2022
Donnie Apodaca contributed a practice note in LexisNexis Practical Guidance.
November 25, 2021
Stephen Kerstein published the article “Circuit Split Cracks the Foundation of Illinois Brick: The Co-Conspirator Exception’s Circuit Split Exposes Need to Overturn Illinois Brick’s Indirect Purchaser Rule But Uphold Hanover Shoe” for the Industrial Organization: Regulation, Antitrust & Privatization eJournal Vol. 13, Issue No. 136.
August 20, 2021
Just a few short years ago, there was a bright line rule under Texas law concerning appraisal awards. If an insurer timely paid an appraisal award, that payment extinguished all of the insurer’s contractual and extracontractual liability to the insured. See, e.g., Garcia v. State Farm Lloyds, 514...
July 23, 2021
Using general contract interpretation principles, the Fifth Circuit reversed summary judgment in favor of an insurer and found a duty to defend Landry’s in a data breach lawsuit. Landry’s Inc. v. The Insurance Company of the State of Pennsylvania, No. 19-20430 (July 21, 2021). Landry’s...
June 08, 2021
The Iowa Supreme Court recently
reversed the appellate court’s denial of an insurer’s motion for a directed
verdict, finding that United Fire did not breach the insurance policy and did
not commit bad faith during a property appraisal. Luigi’s, Inc. v. United Fire and Cas. Co., No. 19-1669, ---...
May 28, 2021
An insurer can no longer claim its lack of notice of a lawsuit against its insured excuses it for failing to settle the suit after the Georgia Supreme Court’s recent decision in GEICO Indemnity Co. v. Whiteside, Case No. S21Q0227 (Ga. April 19, 2021). In Whiteside, the Georgia Supreme Court held...
May 19, 2021
Waiver, estoppel and forfeiture are
doctrines on which insureds often rely to try to create coverage outside the terms of the insurance
policy. Insureds will often assert that they are entitled to such
extra-contractual coverage based entirely
on how the insurer handled the claim. But
under...
April 27, 2021
On March 8, 2021
the California Court of Appeal, reversing a $10 million verdict against
Farmers, found that a jury must specifically find unreasonable acts by an insurer
to support a “failure to settle” bad faith finding. Pinto v. Farmers Ins. Exch., No. B295742,
__ Cal. App. 5th __, 2021 WL...
April 21, 2021
Illinois does not recognize bad
faith as an independent tort. In the first-party context, bad faith is a purely
statutory construct which hinges upon whether an insurer’s conduct was
“vexatious and unreasonable.” Section 155 of the Illinois Insurance Code (215
ILCS 5/155) provides the exclusive...
April 19, 2021
In two recent cases, the courts
showed substantial deference to patients’ treating physicians in determining
the reasonableness of medical treatment. This deference appears to reflect a
reluctance of courts to decide what healthcare is appropriate for a patient.
In Peterson v. Western National...
March 29, 2021
Michael Melendez and Rebekah Shapiro discuss a recent California Appeals Court decision in Planet Bingo LLC v. Burlington Ins. Co., and what it means for liability insurers.
June 05, 2020
50 State Survey of Measure of Damages For Injury to Real and Personal Property - Jurisdictions Comparative Chart - This chart provides a general overview of the case law addressing the measure of damages for property damage in all 50 states as well as the District of Columbia.
June 03, 2020
Tracy Eggleston and Denise Bessellieu discuss the state Supreme Court's decision in Builders Mut. Ins. Co. v. Island Pointe, LLC, and what insurers need to know.
May 08, 2020
Adam Schlatner and Michael de Leeuw discuss potential COVID-19 related litigation, based on what is already happening and the legacy of other downturns.
November 01, 2019
James Kuritzkes wrote the article "Finding the Line: The Relationship Between Privacy and Smartphone Applications" for the Wake Forest Journal of Business and Intellectual Property Law.
July 22, 2019
Joe Ziemianski, Irene Yesowitch, and Sam Stalker discuss the Circuit Court's decision in Universal Cable Prods., LLC v. Atlantic Specialty Ins. Co. and what it means for insurers in and out of California.
July 17, 2019
Donnie M. Apodaca, II, Stephen Pate, and Alicia G. Curran discuss two recent the Supreme Court of Texas’s decisions and considerations for insurers before they invoke appraisal and pay the appraisal awards.
July 08, 2019
Christopher S. Clemenson and John Daly discuss the instructions from the Colorado Supreme Court and how it may create a number of new disputes between insurers and their insureds during, and after, the appraisal process.
May 19, 2019
John Ewell co-authored the article "Product Liability Special Alert: Lease Runs Out on “Rental Market” Exception to Defense of Strict Liability Design Defect Claims" for Lexology.
February 12, 2019
Alycen Moss discusses top transportation issues to track and how these issues impact the transportation industry.
February 05, 2019
Kristie M. Abel discusses how Abbey/Land demonstrates that an insurer can successfully contest such a judgment, however, the insurer needs to meet a high burden in order to prevail.
October 02, 2023
(Chicago, October 2, 2023) … Cozen O’Connor attorney Gary Gassman, co-vice chair of the firm’s Global Insurance Department and co-chair of its Professional Liability Practice Group, has been recognized by Crain’s Chicago Business as one of its 2023 Notable Leaders in Diversity, Equity & Inclusion.
September 20, 2023
Alycen A. Moss, co-vice chair of Cozen O'Connor’s Global Insurance Department, was quoted in the recent article “Opioid Maker Faces Uphill Coverage Battle Before 11th Circ.” by Law360.
September 19, 2023
HOUSTON, September 18, 2023 – Two Cozen O’Connor attorneys were named 2023 Texas Super Lawyers. Joseph A. Ziemianski and Stephen P. Pate were recognized for Insurance Coverage.
September 07, 2023
Cozen O’Connor is pleased to announce Wendy Enerson, Melissa Grossman, Susan Grueneberg, Suzanne Radcliff, Laura Reinhart, John Sullivan, and Cheryl Upham have been promoted to shareholder.
August 10, 2023
ATLANTA, August 10, 2023 – Alycen A. Moss, co-vice chair of Cozen O'Connor’s Global Insurance Department, has been appointed to the Federation of Defense & Corporate Counsel's Board of Directors for 2023-2024.
July 28, 2023
These lists recognize lawyers “mastering,” “leading,” “revolutionizing,” and “dominating” their fields in their respective states and nationwide.
July 28, 2023
Alycen A. Moss, co-vice chair of the Global Insurance Department and co-chair of the firm’s Property Insurance Group, has been named a 2023 recipient of the Federation of Defense & Corporate Counsel’s Joseph R. Olshan Award.
July 12, 2023
ATLANTA – Wednesday, July 12, 2023 - Alycen Moss, a member of Cozen O'Connor's Global Insurance Department, has been named one of Law 360's 2023 Insurance Authority Property Editorial Advisory Board members.
July 10, 2023
Cozen O'Connor's Aviation (Litigation/Regulation), Construction, L&E, M&A (Midmarket), Shipping (Finance and Litigation/Regulation) practices were ranked by the Legal 500.
June 22, 2023
Gary L. Gassman was quoted in the Claims and Litigation Management Alliance’s (CLM) recent article discussing what constitutes the perfect work ally.
May 24, 2023
Super Lawyers has selected 42 Cozen O'Connor attorneys to the 2023 Pennsylvania Super Lawyers and Rising Stars lists.
May 11, 2023
CHICAGO, May 11, 2023 — Stephen P. Pate, member of the Global Insurance Department, has been named secretary-treasurer of the prestigious American College of Coverage Counsel (ACCC) at the 2023 Annual Meeting in Chicago, Illinois.
April 05, 2023
Kristie M Abel, of counsel in Cozen O’Connor’s Global Insurance Department, will receive the 2023 Distinguished Advocate for Children Award on behalf of the Support Center for Child Advocates.
February 10, 2023
Recognized by her peers in Georgia as Super Lawyers is Alycen Moss. Luciana Aquino and Danielle C. Le Jeune were named “Rising Stars,” a list that recognizes attorneys under the age of 40.
September 12, 2022
Gary L. Gassman wrote the article "Why Do I Share My Journey of Personal Acceptance? Because It Leads to Positive Change" for the September issue of the Claims and Litigation Management Alliance's magazine.
August 05, 2022
Alycen Moss received the prestigious Andrew C. Hecker Award, presented annually by the Federation of Defense and Corporate Counsel (FDCC) to the member who authors the year's most outstanding article in a federation publication.
August 03, 2022
Gary Gassman, co-vice chair of the Global Insurance Department, discusses emerging D&O threats and how the hard market is affecting insurance claims disputes.
August 01, 2022
Alycen Moss, co-chair of the Property Insurance Group, was quoted in the article “Property Insurance Cases To Watch In The 2nd Half Of 2022” by Law360.
July 28, 2022
Cozen O’Connor is pleased to announce Elliot Kerzner, an associate in the firm’s Insurance Department, has been appointed secretary of the Greater Atlanta Chapter of the Claims and Litigation Management Alliance (CLM).
July 15, 2022
Alycen A. Moss was quoted in this month’s Between the Lines Column for the Claims and Litigation Management Alliance.
June 14, 2022
Alissa Christopher, Member of the firm's Global Insurance Department, was recognized as the Volunteer of the Week by the Human Rights Initiative (HRI) of North Texas.
June 02, 2022
Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.
June 01, 2022
Super Lawyers has selected 49 Cozen O'Connor attorneys to the 2022 Pennsylvania Super Lawyers and Rising Stars lists.
March 29, 2022
Cozen O’Connor is pleased to announce that Alycen Moss, co-chair of the firm’s Property Insurance Group and co-vice chair of the firm’s Global Insurance Department, has been named the Claims and Litigation Management Alliance’s Litigation Management Professional of the Year.
March 24, 2022
Alycen Moss and Stephen Pate were quoted in a Law360 article discussing the new wave of COVID-19 coverage lawsuits that have hit state and federal courts.
February 14, 2022
Alycen Moss (Insurance Coverage) has been named to Super Lawyers 2022 list of top practitioners in Georgia.
January 29, 2021
Super Lawyers has named eleven attorneys at Cozen O’Connor to its 2021 lists of top practitioners in Illinois.
August 20, 2020
Cozen O’Connor is proud to announce that nine of the firm’s lawyers have been recognized as “Lawyers of the Year” in their respective practices by Best Lawyers in America.
June 22, 2020
The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, and Maritime practices and Cozen O’Connor attorneys Scott Bettridge, Stephen Cozen, Raymond DeLuca, Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, Anne Mickey, Jeffrey Mullen, Josh Stein, Christopher Sweeney, and Jeff Vogel to its 2020 Legal Guide.
November 05, 2019
The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.
August 28, 2019
Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.
June 14, 2019
The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, and Maritime practices and Cozen O'Connor attorneys Scott Bettridge, Raymond DeLuca, Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, Anne Mickey, and Jeffrey Mullen to its 2019 Legal Guide.
April 25, 2019
Chambers USA, the leading annual guide to the top lawyers and law firms in the USA, has ranked 57 Cozen O’Connor lawyers as leaders in their respective fields in the Guide’s 2019 edition.
April 19, 2019
Cozen O'Connor welcomes Paul C. Ferland, an attorney who concentrates his practice in civil litigation involving first-party property insurance coverage, to its nationally recognized Global Insurance Practice.
January 01, 2019
Stephen Pate, a member in the firm's Global Insurance Department, was quoted in Law360's article, "Insurance Cases To Watch In 2019."
December 14, 2018
Stephen Pate, a member in the firm Global Insurance Department, was quoted in Law360's feature "The Biggest Property & Casualty Insurance Decisions of 2018."