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Dina Richman discusses the Pitzer College v. Indian Harbor Insurance Company decision and how it impacts enforcement of choice of law provisions when it comes to notice-prejudice and consent clause issues.
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For more than 40 years, major domestic and international insurers have relied on Cozen O’Connor’s Property Insurance team to assist them in navigating the increasingly complex field of property coverage. From hurricanes, earthquakes, and ice storms to man-made disasters such as terrorist attacks and oil spills, we have always been on the cutting edge of property insurance work. We were also pioneers in business interruption matters stemming from the COVID-19 pandemic, as well as the rising threat of cyberattacks. Our deep experience helps us to not only handle the matters at hand but also identify emerging challenges on the horizon.
Our team is distinguished by its dual core competencies: precise contractual analysis and powerful trial advocacy. These competencies have cemented our reputation as knowledgeable and effective first-party practitioners for the full range of first-party property insurance coverages, including: all risks, builders risk, commercial property, commercial combined, cyber and electronic commerce risk, high net worth personal, inland marine, machinery breakdown, on- and off-shore energy, and business interruption.
The firm handles trials in state and federal courts around the country, argues appeals on coverage issues critical to the industry before all levels of appellate courts, and represents clients in mediations and arbitrations. Our strong reputation for successfully representing our insurer clients in court also helps us achieve highly favorable outcomes in the many cases where negotiation among stakeholders can resolve matters without resorting to litigation.
Our team has an encyclopedic knowledge of the legal bases governing the good faith handling and resolution of any claim scenario, from weather events and natural catastrophes to structural incidents to suspected arson and fraud, and we have represented clients in numerous high-profile losses. These losses include the 2021 ice storms in Texas, Oklahoma, and New Mexico, Hurricanes Laura, Irma, and Katrina, Superstorm Sandy, the 9/11 attacks, the Tohoku earthquake, numerous California wildfires, and the Deepwater Horizon oil spill.
With offices in 31 cities, Cozen O’Connor can respond quickly and effectively wherever losses occur. Our clients benefit from the firm’s local presence and the advantages that come from fielding a home team that understands the details of a particular locality and has built relationships with the community, the regulatory authorities, and the courts.
The extent of our industry involvement speaks to our credibility, as well as to our commitment to the insurance industry. Our dedication to the insurance industry includes being members and holding leadership positions in many industry organizations, including the highly selective Federation of Defense & Corporate Counsel (FDCC), the Claims and Litigation Management Alliance (CLM), the American College of Coverage Counsel’s Board of Regents, Law360’s Insurance Authority Property Editorial Board, and DRI.
Our attorneys are sought-after speakers and writers on property insurance topics. We frequently participate in or chair seminars at nationally recognized industry conferences, host webinars, and provide in-house training programs for members of the insurance industry on topics such as claims handling, risk management issues, and updates regarding case law. Several of our attorneys have also authored treatises in the property insurance field, including the Property Insurance Litigator’s Handbook (3d Ed.), Insuring Real Property (Matthew Bender) and the Fire Litigation Handbook (National Fire Protection Association).
In addition to being recognized in Chambers USA, individual members of the Property Insurance team have been honored with some of the most prestigious awards in the profession, including the FDCC’s John Appleman Award and the CLM’s Professional of the Year.