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Insurance Company Litigation

Faegre Baker Daniels represents insurance companies in complex litigation across the country. Combining our sophisticated understanding of the insurance industry with a deep, talented bench of litigators, we deliver exceptional representation to clients in their most significant matters.

Insurance Class Action Litigation

Our insurance-focused litigators represent insurance companies facing complex class action litigation. Our experience encompasses nearly every type of consumer claim, and our clients include major public and private companies. We have served as lead defense counsel in putative nationwide, statewide and multidistrict class cases throughout the country. Our class-action defense team has won motions to dismiss, defeated class certification, won summary judgment motions, prevailed on appeal, and negotiated favorable individual and class settlements.

National Insurance Regulatory Inquiries & Examinations

Faegre Baker Daniels is a lead firm representing the insurance industry in connection with regulatory issues that gain national attention. For example, we represent several insurers in the recent regulatory focus on unclaimed property. Working together, our litigators and regulatory lawyers are helping clients respond to unclaimed property inquiries however they manifest, including audits, regulatory inquiries, market conduct examinations and potential litigation. We provide clients with multistate compliance reviews, design compliance policies and develop strategies to mitigate risk.

Insurance Regulation Litigation

Those in the insurance industry often need to adjust to market and regulatory changes, both on a state level and now on a federal oversight level. Our insurance professionals support our clients by regularly addressing licensing, formation, capital requirements, investment and corporate governance matters and representing them before regulatory agencies. Regulations often vary state by state, and we are tuned in to the issues on a multistate and national scope. Combining the depth of industry expertise of our insurance professionals with the sophisticated and deep expertise of our financial services litigation team, we quickly react to regulatory disputes that arise in any jurisdiction.

Insurance Product Sales Litigation

Faegre Baker Daniels represents insurance companies in disputes arising from the sale of a variety of products, including variable annuities, variable life insurance, equity-indexed annuities, fixed insurance and long-term care insurance. Our experience includes a full array of matters involving improprieties in the sale, underwriting, servicing and administration of such insurance products. We have counseled clients on claims of misrepresentation at the point of sale, errors and omissions, and subsequent agent misconduct, as well as matters involving STOLI-related (Stranger Originated Life Insurance) issues. With experienced negotiators, we have resolved many complex disputes before they reached litigation or trial.

Government & Internal Investigations

Our professionals have represented payors (insurance companies), providers (hospitals, doctors and the like), device manufacturers and others faced with government and internal investigations on matters including compliance, audits and human resources. Whether the issue surfaces from a complaint by an employee, customer or other source, a key benefit in hiring outside counsel instead of using an internal team is that with outside counsel, clients have protection and privilege.

With deep bench strength in the insurance industry, Faegre Baker Daniels has conducted investigations in, and handled litigation involving, a range of insurance matters, including:

  • Consumer fraud, including the setting of replacement values in home insurance
  • Variable annuities
  • Denial challenges on insurance rate requests, where state regulation approval is required
  • Homeowner policy disputes
  • Class action litigation
  • Adjusting premiums 
  • Government investigations into regulated matters

Our professionals represent companies in requests for information from state attorneys general and help clients establish a plan for providing required results to governmental agencies. We also collaborate with clients' internal leaders to develop and deliver a consistent message on litigation goals. Furthermore, our experienced internal investigation and litigation lawyers work closely with the firm's regulatory experts — an instrumental part in formulating and investigative and/or litigation strategy that aligns with industry issues.

We have also represented broker-dealers and registered representatives in formal and informal investigations conducted by the U.S. SEC, FINRA (Financial Industry Regulatory Authority), State Departments of Commerce and other state securities regulators. Investigations have included issues relating to insider trading, sales of mutual fund Class B shares, mutual fund market timing, sales of variable annuities, private securities transactions, use of senior professional designations, allocations of initial public offering shares and the portability of investment performance records.

Contact

Sara M. Powell, Indianapolis
+1 317 237 1186
Jesse Linebaugh, Des Moines
+1 515 447 4706

Deborah A. Ellingboe, Minneapolis
+1 612 766 8713

Aaron D. Van Oort, Minneapolis
+1 612 766 8138
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