Insurance

Robinson McFadden has a long history of representing clients in all aspects of insurance law. While our insurance practice is as diverse as our clients' needs, it is grounded upon three areas: (1) traditional insurance defense for a variety of life, health, accident, and casualty insurers; (2) assistance with administrative and regulatory matters; and (3) complex insurance coverage litigation.

In the traditional insurance litigation area, our attorneys are active in defending claims and sales practices litigation in both the state and federal courts, as well as defending insureds pursuant to property and casualty policies. The firm's attorneys are also active in litigation arising from disputes between agents and insurers, such as commission disputes. Equally important to our litigation work, is assisting clients in avoiding litigation. We regularly work with our clients to prevent existing claims from evolving into litigation and to assist in developing procedures to minimize future exposure. We also work with our clients to provide training for employees on relevant areas of insurance law.

Our attorneys assist clients with regulatory compliance issues and matters involving the state departments of insurance. In South Carolina and elsewhere, the number and scope of market conduct examinations has increased in recent years, and we work with insurers to facilitate the examination process and to resolve contested issues in proceedings before administrative law judges. The firm's attorneys also have regulatory experience in acquisitions, licensing matters, and disciplinary proceedings for agents.

The firm's insurance coverage practice is an extension of its work with insurers and the construction industry. The issues present in liability insurance coverage disputes are complex and require careful analysis of both the governing law and the facts giving rise to the coverage dispute. Drawing on the firm's extensive experience in insurance contract litigation, the firm's attorneys have successfully pursued liability insurance coverage for corporate clients under a wide variety of professional and general liability insurance policies. Representative claims have included construction defects, wrongful death, project delays, negligent supervision, agent misconduct, failure to advise, false imprisonment, and improper third party administration.