Frost Pearlman has successfully represented clients in the U.S. and abroad. Representative matters include the following:
Insurance Disputes
Our experience in resolving insurance disputes is vast. Below are some of the results Frost Pearlman has achieved.
- Frost Pearlman represented a medical stop loss insurer in arbitration concerning claims asserted on behalf of a health insurance trust that pursued an assignment for the benefit of creditors. The matter was resolved favorably for Frost Pearlman’s client.
- Frost Pearlman obtained a reversal of a trial court injunction in the South Carolina Supreme Court regarding the umpire selection for an arbitration against a TPA and a carrier competing with our client. The dispute concerned a large book of group health insurance risks written by the TPA throughout the United States.
- Frost Pearlman successfully represented London insurers in fidelity bond disputes pending in Illinois State Court. The claims involved massive Ponzi schemes perpetrated in California and New York that resulted in large losses to the warehouse lending industry. The insured sought coverage for more than $20 million in losses on several hundred underlying real estate loans, plus bad faith damages. Ultimately, we achieved an extremely favorable settlement for our clients for a very small fraction of the amount sought by the insured.
- Frost Pearlman represented a Texas banker’s self-insurance trust in a multimillion-dollar bankers’ professional liability and D&O dispute concerning a large securities fraud suit against the insured by the trustee of an insolvent securities broker-dealer. Frost Pearlman’s client commenced an arbitration to rescind the policy, and the insured counterclaimed for coverage and bad faith. The parties agreed to a settlement advantageous to our client on the eve of the arbitration hearing.
- Frost Pearlman successfully appealed multi-million dollar proofs of claims in an insurance liquidation after the liquidator’s initial decision denying the claims.
- Frost Pearlman represented a professional liability insurer in connection with a claim by a life insurance company which had settled a class action lawsuit involving alleged improper sales of financed or vanishing premium life insurance policies.
- Frost Pearlman represents an Employment Practices Liability insurer in managing its complex employment practice claims across the United States. The claims are typically made by highly paid executives or classes of employees and assert various causes of action, such as violation of wage and hour laws, violation of whistleblower retaliation laws, discrimination and workplace harassment. Frost Pearlman assists the client in identifying and asserting coverage defenses. Where necessary, Frost Pearlman represents the client in arbitrating coverage disputes.
- Frost Pearlman successfully represented professional liability insurers in connection with claims by numerous health insurers for insurance coverage of Multi-District RICO litigation against managed care industry participants.
- Frost Pearlman represents a professional and management liability insurer with respect to a host of antitrust claims asserted against its insureds in high-stakes, bet-the-industry Multi District Antitrust Litigation.
- Frost Pearlman has and continues to represent professional liability and management liability insurers with respect to class action and regulatory claims against their insureds stemming from data breaches.
Reinsurance Disputes
Frost Pearlman regularly represents clients in reinsurance disputes. Below are a few examples of the results we’ve accomplished on behalf of our clients:
- Frost Pearlman obtained a multimillion-dollar settlement on behalf of a cedent and its reinsurer who asserted claims in court against a reinsurance intermediary. The intermediary breached its duties in the placement of reinsurance for automobile warranties written throughout the United States.
- Frost Pearlman successfully represented a finite risk reinsurer in an arbitration arising from a multimillion-dollar dispute over treaty wording. Our client’s interpretation of the treaties prevailed and was largely adopted in the final arbitration award. We also successfully opposed the cedent’s efforts to change the effect of the panel’s decision in federal court proceedings to confirm the arbitration award.
- Frost Pearlman successfully represented a reinsurer in mediation of a multimillion-dollar dispute over a reinsurance program concerning three-way exposure buy-back policies for multiple categories of risks. The mediation resulted in global commutations.
- Frost Pearlman represented a reinsurer in resolving several treaty interpretation and administration disputes with major insurers in liquidation. In this engagement, the client sought to avoid formal arbitration proceeding but still achieved settlements on favorable terms.
- Frost Pearlman represented a reinsurer in a multimillion-dollar arbitration concerning retrocessional coverage of workers’ compensation risks throughout the United States where the issuing carrier was in liquidation.
Business Services
We counsel clients in all aspects of managing their business and resolving disputes. Below are some of the recent matters we have handled:
- Frost Pearlman represented a financial institution to resolve account holder claims resulting from allegedly fraudulent transfers made on accounts. In this engagement, Frost Pearlman provided its client with a comprehensive analysis of contractual and statutory obligations so as to meaningfully assess liability and provided counseling on future preventative measures.
- Frost Pearlman was retained by another law firm to serve as coverage counsel for purposes of globally resolving underlying multi-party litigation involving the wrongful death of a baby. Frost Pearlman advanced insurance coverage arguments so as to encourage previously stalled settlement negotiations and to align the matter for mediation and settlement.
- Frost Pearlman was retained by small business owner to evaluate the impact and enforceability of an indemnity agreement between an employee and his former employer.
- Frost Pearlman was retained to advise insurance broker of compliance with rules promulgated by the Illinois Department of Insurance and the interplay of those rules with other states’ laws in connection with negotiating a renewal of its client’s liability coverage.