Insurance Litigation

Weil has in-depth knowledge of the complex issues facing the insurance industry. Comprised of lawyers located in offices around the U.S., our Insurance Litigation practice is well-equipped to represent the world’s most sophisticated insurance and reinsurance companies on all manner of disputes.

Notable Representations, Key Contacts

Our blend of litigation and arbitration experience brings expertise to all sides of complex disputes, including successfully defending clients against private, government, and class action suits, and representing plaintiffs in major cases of first impression.

We have achieved successful results for clients at every phase of the litigation process in both trial and appellate courts, including obtaining dismissals of class action and other complaints, defeating class certification, winning summary judgment motions, prevailing at trial or on appeal, and obtaining highly favorable settlements.

We have significant experience in handling internal investigations and in dealing with insurance regulators, including assisting clients with investigations by Congressional committees and state attorneys general.

We also have significant experience in handling complex reinsurance arbitrations, representing or being adverse to some of the largest companies in the world.

Our experience includes:

  • Significant and repeated representation of several of the world’s largest insurance companies, including United HealthCare, Farmers Insurance, AIG, Genworth Financial, The Hartford, and Prudential, in bet-the-company litigations involving a wide variety of issues.
  • Defense of dozens of nationwide and statewide class actions involving:
    • policy time limitations;
    • Medicare Secondary Payor Act issues;
    • “usual, customary and reasonable” (UCR) issues;
    • “vanishing premiums”;
    • modal premium rates;
    • long-term care insurance rate increases;
    • deceptive and unfair trade practices; and
    • ERISA violations.
  • Successful representation as lead counsel of United HealthCare in In Re Managed Care Multidistrict Litigation – one of the largest insurance disputes ever litigated, with billions of dollars at stake.
  • Representing insurance companies in proceedings before the House Committee on Commerce, the Senate Finance Committee and instituted by various state attorneys general.
  • Negotiating some of the most creative and favorable settlements of complex nationwide matters.
  • Defense and prosecution of several major reinsurance arbitrations, including matters for and against Gen Re, Scottish Re, ManuLife, and many others.
  • Our extensive experience with Special Committee and SEC investigations, including several internal investigations of major companies involving complex reinsurance arrangements.

Selected Representations

CIT Group

Citigroup and MetLife

Conseco

Farmers Insurance Exchange

Genworth Financial

Penn Treaty

UnitedHealth Group

Attorneys in Weil's Insurance Litigation Practice

David Yohai

Key Contacts

David Yohai

David L. Yohai

Partner

New York

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