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Nelson Mullins offers multifaceted services in insurance matters ranging from the simple to the complex. The Firm has defended lawsuits against insurers involving allegations of bad faith, breach of contract, negligence, and fraud. Nelson Mullins also represents insurers in civil lawsuits brought by individual insureds, corporate policyholders, and class action claimants as well as administrative disputes and hearings. The Firm performs coverage investigations and provides opinions, and files declaratory judgment actions on behalf of insurers.
 
Nelson Mullins serves its insurance clients by representing insureds in an array of claims brought by third parties, including matters involving product liability, environmental contamination, professional liability defense, deceptive trade practices defense, general business torts, trade secrets litigation, toxic tort, admiralty, defense of directors of financial institutions, patent and copyright, lender liability, white collar crime, construction claims, vehicular accidents, real estate, antitrust, asbestos, securities fraud, and general premises liability.
 
Due to our insurer clients’ diverse array of interests, Nelson Mullins is experienced in handling insurance matters pertaining to residential property, oil and gas equipment, vehicles, commercial buildings, agricultural crops, aircraft, and machinery. The Firm also represents parties in disputes arising out of property and casualty policies. These disputes include claims arising under automobile, homeowners, commercial property, fire, garage, and farm policies.
 
Examples of our experience in insurance matters include:
 
Private and Commercial Automobile Insurance
  • Defense of cases dealing with various coverage questions, including, among many others, offsets for compensation coverage and coverage for loss of consortium.
  • Successful defense of a class action case in which a U.S. District judge certified several questions to the S.C. Supreme Court regarding whether "repair and replacement" insurance coverage requires the insurer to pay for the diminution in value to a vehicle when the carrier is paying for complete and adequate repair of the vehicle.
  • Defense of a class action case involving assessment of rating points and calculation of premiums under South Carolina’s former Merit Rating System.
  • Defense of bad faith litigation, including several leading reported cases.
 Captive Insurance
  • Representation of captive insurance companies and risk retention groups in connection with formation, re-domestication and licensing issues; after formation, the firm assists captive insurance companies and risk retention groups in complying with regulatory, corporate maintenance, and other requirements of state law.
 Credit Life Insurance
  • Defense of credit life class action lawsuits.
  • Defense on rescission actions.
 Disability Insurance
  • Defense of insurance companies in interpleader actions on long term disability policies.
  • Defense against allegations of fraud.
 Health Insurance
  • Defense of a leading insurance company in denial of cases involving ERISA.
  • Defense against allegations of fraud.
  • Defense of coverage disputes.
 Home Owner
  • Defense of coverage disputes.
 Life Insurance
  • Defense of cases involving allegations of fraud by agents.
  • Defense of race-based premium lawsuits, including class actions in multi-district litigation against a leading health and life insurance company.
  • Defense of a leading insurance company in denial of cases involving ERISA.
  • Defense of a leading life insurance company in litigation involving dispute of coverage and benefits related to the policy of a nursing care facility; in this matter, the plaintiff is seeking actual and punitive damages for alleged breach of contract and bad faith.
  • Defense of a "vanishing premium" class action.
  • Defense of a life insurance company in an inter-pleader action on a life policy.
  • Defense of coverage claims for coverage of defective construction.
  • Advice to corporate clients on insurance coverage for commercial and professional activities.
Professional Liability
Nelson Mullins attorneys understand the unique needs of professionals who are involved in litigation, and they counsel professionals on the avoidance of lawsuits.
 
Alternative Dispute Resolution
As American society has become more litigious and the cost of defending lawsuits has risen, alternative dispute resolution has become more prevalent. Nelson Mullins has an experienced team of attorneys who are certified in arbitration and mediation, and members of the Insurance Practice Group work with these attorneys to provide clients with the best in legal counsel and representation.