Liability Coverage

Members of Robinson+Cole's Insurance and Reinsurance Group regularly advise insurers on coverage obligations and represent insurers in the litigation or appeal of disputes arising under various forms of liability insurance. These lawyers represent insurers regionally, nationally, and internationally. We have represented insurers in complex large loss claims arising in almost all of the United States as well as geographic locations as diverse as the United Kingdom, Italy, Greenland, and China.

These lawyers have broad experience with regard to diverse types of liability policies, whether form or manuscript policies. They focus routinely on coverage issues, including advertising injury, personal injury liability, errors and omissions, director's and officer's, named peril and all-risk property, hospital/medical/HMO/PPO, educator's liability, securities/broker, employment practices liability, intellectual property and patent infringement, sexual abuse/harassment issues, environmental/toxic tort, primary/excess disputes, and reinsurance contract obligations. Where multiple coverages are available for a claim, our attorneys are well versed in addressing disputes surrounding the application of multiple SIRs and allocation of defense and indemnity, as well as the operation of "other insurance" provisions.

In the context of underwriting and marketing compliance issues, our coverage lawyers deal with various issues, including misrepresentation, rescission, cancellation, and nonrenewal issues.

Our lawyers hold leadership positions in insurance industry organizations, including the ABA TIPS and the FICC. In the ABA Tort & Insurance Practice Section, attorneys in our Insurance and Reinsurance Group have recently served as chair or vice chair of the Insurance Coverage Litigation Committee, the Committee on the Economics of Tort and Insurance Law Practice, and the Professionals and Officers and Directors Liability Committee. In the FICC, our lawyers now serve or recently served as chair of the Insurance Coverage Law Section, the Extracontractual Liability Section, and the Professional Liability Section. In addition, Robinson+Cole lawyers have authored and lectured extensively on insurance coverage issues for the ABA, the FICC, the Society of CPCU, Mealey's Publications, and state and local bar associations.

    • Experience
      • Represented insurance carrier in coverage litigation initiated by major Roman Catholic archdiocese seeking coverage for multimillion-dollar settlement with alleged victims of clergy sexual abuse.

      • Advised educators' professional liability insurer in disputes ranging from allocation of defense and indemnity costs among multiple parties to application of prior knowledge exclusion to multimillion dollar claims by investors group following insured's declaration of insolvency, in Connecticut and Massachusetts.
      • Litigated director and officers insurer's grounds to challenge court order requiring review and production of thousands of "other insured" claims files, at cost certain to exceed $1 million, in declaratory judgment coverage dispute that included claims of bad-faith settlement practices, in Connecticut.
      • Advised employment practices liability insurer concerning application of prior notice and other coverage defenses against Equal Employment Opportunity Commission demand that insured contribute to multimillion dollar relief fund to avoid threatened class action on behalf of alleged victims of widespread sexual harassment, in Massachusetts.
      • Advise insurer regarding application of EPL and D&O provisions of hospital's professional liability policy to lengthy peer review proceedings under the hospital's Health Care Quality Immunity Act policy and related administrative agency and state court wrongful discharge and age discrimination claims brought by former physician, in Massachusetts.
      • Represent EPL insurer in coverage proceedings concerning insurability of large punitive damages award entered against employer charged with sexual harassment and retaliation under statutory public policy prohibition against insuring deliberate wrongdoing, in Massachusetts.
      • Represent insurer in judicial and ADR proceedings concerning the application of separate directors and officers and representations and warranty policies to claims arising out of the alleged breach of a written stock purchase and sale agreement concerning a complex corporate transaction, in Massachusetts.

Our Team