Kutak Rock’s national insurance group brings our firm’s knowledge and experience to each client’s insurance-related engagements at the regulatory stage, through the claim stage, and, where necessary, into litigation. Our insurance lawyers provide high-quality legal advice and representation because we understand the regulatory, competitive, and other characteristics unique to the industry and have a deep understanding of insurance coverage and extra-contractual issues. We constantly seek new ways to improve client results throughout the country by more effectively applying technical know-how in the context of insurance-related interests. Our clients include national Fortune 500 insurers, regional insurers, and mutual companies. We understand our clients’ businesses and constantly strive to serve them effectively and efficiently, no matter the size or product line.

In addition, fewer cases go to trial every year. When they do, having experienced trial counsel is critical. Kutak Rock’s insurance litigation attorneys are adept in assembling teams across offices that are equipped to handle complex and lengthy trials, including laying the groundwork for appeal.

Representative Litigation Experience:

• 20 straight defense verdicts in jury trials in southern Missouri.
• Complete defense verdict in Arizona bad faith jury trial alleging $10 million in damages.
• Appeals in the 3rd, 5th, 8th, 9th, and 10th Circuits and in numerous state appellate courts.
• Multiple non-jury defense verdicts in Pennsylvania.
• Obtained mistrial in Jackson County Circuit Court in Missouri after jury deadlocked in multimillion-dollar personal injury case involving an elevator malfunction.

Representative Regulatory Experience:

• Regularly advises and consults with clients regarding the formation and licensure (and maintenance thereof) of regulated entities, including insurers, reinsurers, captive insurers, third-party administrators, premium finance companies, and insurance adjusters and agencies.
• Assists clients in responding to market conduct examinations and state insurance regulatory department inquiries and investigations and other enforcement matters.
• Supports clients with a range of insurance product compliance matters, including policyholder notices, insurance department filings, and policy form and rate issues.
• Advises and consults in the acquisition, merger, and redomestication of regulated entities, including conducting due diligence in connection with transactions for the acquisition or sale of regulated entities alongside other firm practice groups, as necessary, to provide a holistic assessment of potential transaction risks.
• Analyzes regulatory risks associated with the use of advertising and marketing materials, the structuring of commission sharing programs, and the implementation of marketing plans to ensure compliance with state insurance laws and directives.