Insurance

C&G’s Insurance group has extensive experience litigating complex and high-value insurance and reinsurance claims, including in disputes involving antitrust issues, asbestos claims, bankruptcy issues, bid protests, class actions, contract issues, construction claims, coverage claims, D&O liability claims, employment litigation, environmental claims, fraudulent and deceptive insurance sales practices, libel claims, Medicaid disputes, general liability and product liability claims, and shareholder disputes.

Our practice is both wide-ranging and national in scope: we represent policyholders, insurers, reinsurers, and insurance brokers in litigation, arbitration, negotiations and mediations throughout the United States and internationally. Our attorneys have significant substantive experience in the litigation and arbitration practice areas that most often give rise to insurance disputes, including antitrust, securities, mass torts, and bankruptcy, and are equally comfortable negotiating a favorable commercial resolution of a dispute or taking it to trial. Additionally, our understanding of the industry makes us a good choice to represent companies and individuals in insurance-related regulatory investigations.

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Insurance Coverage Disputes

Representing a private equity firm in a dispute with an insurer that issued representations and a warranties policy in connection with the acquisition of a consumer products company, seeking to recover losses caused by the inaccuracy of target company’s audited financial statements.

Represented a travel technology company in connection with major insurance coverage litigation related to the company’s antitrust litigation with a major airline.

Successfully represented insurers in numerous insurance coverage disputes relating to hazardous waste and products liability class actions.

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Reinsurance Disputes

Successfully represented a reinsurer in litigation arising out of an asbestos settlement.

Represented a hedge fund and reinsurance company in a RICO class action alleging deceptive sales practices relating to certain annuity products and accounting improprieties involving reinsurance transactions.

Represented the reinsurance business of a multinational conglomerate in a federal appeal relating to a reinsurance coverage dispute.

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Insurance and Reinsurance Investigations and Regulatory Proceedings

Represent the former CFO of a multinational insurance provider in an SEC investigation relating to the company’s accounting practices.

Represented an insurance agency and several of its employees in an investigation in the U.S. Attorney’s Office for the SDNY involving allegations of a fraud scheme regarding stranger-owned life insurance (STOLI) policies.

Served as pool counsel for an insurance agency and several of its employees in an investigation by the U.S. Attorney’s Office for the Southern District of New York.

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Insurance Industry Disputes

Represented a major financial institution in a securities fraud action filed by a mutual life insurance company regarding investments in mortgage-backed securities offered and sold to investors.

Defending an investment management company in a suit alleging securities and professional malpractice claims in connection with investments of deferred compensation in an estate enhancement product funded by split-dollar variable life insurance.

Represented a financial institution in AAA arbitration brought by a group of three affiliated insurance companies alleging that client induced them to purchase residential mortgage-backed securities by misrepresenting the associated credit risk.

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International law firm Cohen & Gresser today announced that leading litigator and trial lawyer Douglas J Pepe will join the firm as a partner in its New York office.

Doug brings over 20 years of experience representing corporations, financial services clients (including hedge funds and private equity funds), law firms, and other clients in complex commercial litigation. His practice focuses on high-stakes securities litigation, legal malpractice cases, insurance disputes, mass torts, class action defense, and legal issues in the blockchain and digital currency space.

“I’ve co-counseled with Cohen & Gresser in the past and am thrilled to be joining a talented team with exceptional trial capabilities, high-quality work, and excellent judgment,” said Doug. “I look forward to building my practice here and to working with my new colleagues around the world on complex commercial disputes, professional liability defense, and blockchain advisory work.”

Doug has successfully litigated tens of billions of dollars in claims involving a wide variety of complex issues, including playing a leading role on the Court-appointed Executive Committee charged with directing the subrogation and property damage claims arising out of the 9/11 terrorist attack.

“I’m delighted to welcome Doug to the firm,” said Lawrence T Gresser, co-founder and global managing partner of Cohen & Gresser. “We know him well and like and respect him very much. He is a first-rate litigator and will be integral in providing elite client service and guidance in areas that are important to our clients, including growing our commercial and securities litigation practices, our professional liability practice, and our blockchain and digital currency group.”

Prior to joining Cohen & Gresser, Doug was a partner at Joseph Hage Aaronson LLC, a preeminent litigation boutique. Doug is a member of the American Law Institute and a fellow of the Litigation Counsel of America. He also serves as a Professorial Lecturer in Law at The George Washington University School of Law, where he teaches blockchain law and technology.

Jumana Rahman spoke with the Financial Times about the potential implications of a forthcoming UK FCA test case in the English High Court relating to business interruption policies during the COVID-19 pandemic.

The UK Supreme Court recently handed down its hotly-anticipated judgment in the business interruption insurance test case (FCA v Arch and others [2021] UKSC 1). The judgment extends, in certain respects, findings in favour of certain policyholders of business interruption insurance made by the High Court. In this client alert, Jumana Rahman, Thomas Shortland, and Charlotte Ritchie focus on the implications of the Supreme Court judgment for causation issues in insurance law and the wider law and address the consequences of the judgment for various key stakeholders.

In this C&G client alert, Jumana Rahman, Thomas Shortland, and Charlotte Ritchie consider the outlook for business interruption policyholders and insurers in the wake of judgment in the FCA’s test case, and take a look at what the insurance community has learned so far about COVID-19 and business interruption insurance.

In this C&G Client Alert, Jumana Rahman, Thomas Shortland, and Charlotte Ritchie examine the developing tension in the UK between insurers and policyholders regarding business interruption claims arising from the COVID-19 pandemic.
Jumana Rahman and Charlotte Ritchie discuss the English law implications of the COVID-19 pandemic on force majeure clauses, borrower-lender relations, offshore and fund litigation, and insurance cases, and consider the potential for transformational changes in the law, in an article for Lawyer Monthly