Insurance

We put the plaintiffs on the defensive

First-party bad faith litigation is at the center of our practice, and never have the stakes been as high in Oklahoma as they are today where nuclear verdicts carry extreme punitive and emotional distress exposure. We defend insurers accused by policyholders of failing to properly investigate, evaluate or pay claims, including breach of contract, breach of the implied covenant of good faith and fair dealing, fraud and related tort claims. This work includes homeowners and other property policies, life and health insurance, disability coverage, and automobile claims.

We do not default to the standard defense playbook. We take a harder, more analytical look at the case, use proactive discovery and apply the full range of civil procedure to test the plaintiff’s theory, develop the record and pressure even the most sophisticated opposing counsel. Depending on the facts, that strategy may include removing a case from state to federal court, challenging fraudulent joinder or seeking extraordinary relief.

Resolving coverage questions before exposure compounds

Coverage disputes turn on the policy language, the claim, and the law that connects them. We interpret policy terms, provide coverage opinions, and help insurers, businesses and individuals understand their rights and obligations. When litigation is necessary, we handle declaratory judgment actions, policy rescission and cancellation claims, interpleader of policy proceeds into court and disputes involving:

• Advertising injury, automobile liability and business liability under Comprehensive General Liability policies
• Directors and Officers, Errors and Omissions and other liability coverage
• Environmental, mortgage and oil well blowout coverage
• Insurance coverage for employment and agent termination claims
• Life, health and disability coverage, including medical necessity determinations under health insurance and managed care contracts
• International law issues involving aviation insurance coverage

The firepower to handle third-party and ERISA claims

We defend insureds in highly complex, high-exposure third-party claims, including catastrophic injury and death cases. We also handle insurance tort claims that fall outside ERISA’s preemptive reach, where allegations such as bad faith and fraud can create significant punitive damages exposure. In managed care litigation, our lawyers have worked on landmark cases addressing the limits of ERISA’s application to claims against managed care organizations and have defended clients against claims brought by patients and providers when ERISA does not apply.

Our ERISA practice sits at the intersection of insurance, employment and employee benefits. Working primarily on the employer and plan side, we handle:

• Insurance benefit disputes
• Tort claims testing the boundaries of ERISA preemption, including alleged pre-plan fraud
• Continued medical coverage under COBRA and state statutes
• Breach of fiduciary duty claims
• Wrongful termination claims based on the exercise of ERISA rights
• Claims for penalties based on an alleged failure to provide information or notice under ERISA and COBRA

Our insurance counsel extends well beyond the immediate claim

The best defense often begins before a lawsuit is filed. We counsel insurers on claim handling, identify recurring file issues that plaintiffs may use as litigation talking points and recommend practical steps to reduce future exposure. We also represent clients before the Oklahoma Insurance Commission in regulatory and administrative matters, including consumer complaints involving claim handling and agent solicitation practices. Clients also benefit from access to litigation counseling from our highly experienced trial and appellate lawyers who actively monitor trials, help preserve error, and are ready step in quickly after outsized verdicts.