The insurance industry is highly regulated by a variety of laws, regulations and administrative pronouncements, which differ, sometimes substantially, from state to state. Our firm represents insurance companies in connection with complying with their various legal obligations and expertly assists them in all aspects of the insurance business. We regularly serve insurance companies underwriting policies throughout the country with regulatory compliance, general corporate issues and litigation. We work with clients seeking to form new insurance companies, expand their business into new states or add additional lines of authority to prepare and submit the appropriate NAIC Uniform Certificate of Authority Application (“UCAA”) and then work with state regulators in gaining approval of the application. We are also experienced in reviewing, preparing and making various regulatory filings with state insurance departments, including annual statements and holding company filings. In addition, we work with insurance companies in complying with various corporate best practices, such as audit committee composition and anti-fraud plan implementation. In addition to our representation of insurance companies, we regularly advise insurance agents on complying with their various obligations to state agencies.
On the litigation side, our attorneys have significant experience representing insurance companies in coverage disputes and related matters.
- Shareholder Mark Malloy Presents at the Medical Professional Liability (MPL) Association’s 2019 Corporate Counsel WorkshopNovember 7, 2019
- November 1, 2017
- Update: Attorneys Michael Cohen & Joseph Sarmiento Win Appeal to the U.S. Court of Appeals for the Seventh CircuitSeptember 7, 2017
- Attorneys Mark Malloy and Joseph Sarmiento to Participate as Panelists in the 2017 Wisconsin Defense Counsel Summer ConferenceAugust 1, 2017
- May 24, 2017
- Video: Common Mistakes Insureds Make That Jeopardize Coverage Under Their Insurance Policies - Attorney Pamela TillmanMarch 10, 2017
- February 20, 2017
- January 25, 2017
- Attorneys Michael Cohen and Joseph Sarmiento Recognized for Outstanding Appellate Brief in State Bar of Wisconsin CompetitionDecember 21, 2016
- December 19, 2016
- Attorneys Brian Tokarz and Matthew Fisher to Present to the National Business Institute on Construction Defect Insurance Coverage IssuesNovember 29, 2016
- Attorneys Joseph Sarmiento and Dieter Juedes to Present to the Milwaukee Bar Association on Recent Developments Impacting Wisconsin Duty to Defend LawOctober 26, 2016
- Attorney Mark Malloy to Present on Insurance Coverage Law via National Business Institute Live Audio WebinarSeptember 27, 2016
- August 15, 2016
- Attorney Mark Malloy to Present on Insurance Bad Faith Claims via National Business Institute's Live TeleconferenceJune 6, 2016
- November 5, 2015
- Attorneys Brian Tokarz and Matthew Fisher to present at the National Business Institute on Construction Defect Insurance Coverage IssuesJuly 28, 2015
- Attorney Mark Malloy to Present on Bad Faith Claims via the National Business Institute's Live Video WebcastJune 12, 2015
- May 21, 2015
- April 29, 2015
- Attorneys Michael Cohen and Joseph Sarmiento Obtain Unanimous Decision from the Wisconsin Supreme CourtApril 10, 2015
- October 31, 2014
- Attorneys Malloy and Fisher Obtain Favorable Insurance Coverage Decision From Wisconsin Court of AppealsOctober 3, 2014
- March 28, 2014
- Attorney Joseph Sarmiento Authors Article “Phishing for Coverage: Insurance Coverage for Phishing Schemes Under Computer Fraud Provisions” for the Defense Research InstituteOctober 16, 2017
- July 13, 2016
- May 12, 2016
- Attorney Pam Tillman Co-Authors Wisconsin Chapter for the Defense Research Institute’s Insurance Bad Faith: A Compendium of State LawNovember 17, 2015
- November 1, 2015Journal of Passthrough Entities (November-December 2015)
- Protecting Your Identity: Structuring Techniques for Preserving an Entity’s Existing Employer Identification Number in Cross-Species Mergers and ConversionsJuly 1, 2014Journal of Passthrough Entities (July-August 2014)
- February 7, 2014
- April 15, 2013Wisconsin Civil Trial Journal
Menasha Corporation v. Employers Insurance of Wausau, et al.
Winnebago County Circuit Court, Wisconsin (2007-2012). A complex environmental insurance coverage action arising out of a separate lawsuit regarding potential joint and several liability of all parties responsible for historical PCB contamination of the Lower Fox River and its current remediation. One of the parties allegedly responsible for this contamination and liability was our liability insurer client’s long-time insured, which was demanding coverage from our client, among other insurers. After substantial discovery and motion practice, a settlement was reached prior to trial.
Ratajczak v. Beazley Solutions Ltd., 870 F.3d 650 (7th Cir. 2017)
Obtained summary judgment holding that our insurer client did not owe the insureds a duty to defend or indemnify against claims for the adulteration of whey protein concentrate because the underlying allegations of fraudulent and deceitful actions by the insured did not constitute an “occurrence.” Affirmed on appeal.
Cargill, Inc. v. Ace American Insurance Company, et al.
784 N.W.2d 341 (Minn. 2010). A complex environmental insurance coverage action in which the client, a nationally renown liability insurer, obtained summary judgment in its favor, with such decision being affirmed by the Minnesota Court of Appeals and then, on other grounds, by the Minnesota Supreme Court. In doing so, Attorneys Michael Cohen and Thomas Hruz convinced the Minnesota Supreme Court to overrule a 43-year-old precedent and create new law on contribution rights between insurers as to their duty to defend an insured, all in a manner favorable to our client and insurers generally.