Insurance Law Practice

K&W has extensive experience in insurance law, representing individuals and entities following disasters, improper claim payments, and other insurance related issues.

First Party Insurance Claim Representation:

K&W represents property owners, businesses, cities, school boards, and other similarly situated entities in achieving fair recovery for their claims under their insurance policies. After a disaster, some insurance companies will take advantage of property owners as they attempt to grapple with the many attention-consuming issues that require expedient handling.

While litigation against an insurer should be a last resort, insurance companies will often involve lawyers behind-the-scenes early in the process with an eye toward potential litigation rather than the claim adjustment process that the individual property owner will be contemplating. K&W takes a novel approach to insurance coverage claims, getting involved in the process early in order to help our clients present their claims fully and accurately. Early involvement before litigation allows us to expedite claim resolution for many of our clients. It further allows K&W to position the matter in the best possible way in the event litigation becomes necessary, at which time we are prepared to litigate aggressively and immediately if the insurance company refuses to adjust the claim fairly, which achieves prompt and fair results for our clients.

Current and past clients include:

Representative Cases:

• Nucor Steel Louisiana LLC, et al. v. Zurich American Insurance Company, et al., 37964 (23rd JDC, La. 2017). (Representing Nucor Steel in the recovery of losses suffered from a dome collapse at local facility).
• Press, et al. v. Louisiana Citizens Property Insurance Corp., 06-5530 (CDC, Orleans Parish, La. 2006) (Co-lead counsel in class action settlement on behalf of insureds in Louisiana concerning underpayment of overhead & profit expenses following Hurricanes Katrina and Rita).
• Shaffer v. Continental Casualty, 06-2335 (C.D. Cal. 2006) (Lead counsel on behalf of seniors in long term care and home health care insurance fraud class action).
• Milkman v. American Travelers Life Ins. Co., No. 3775 (Ct. Common Pleas, 1st Judicial Dist., Pa. 2000) (Lead counsel on behalf of seniors in long term care and home health care insurance fraud class action).
• Wallace v. American Agrisurance, LR-C-99-669 (E.D. Ark. 1999) (Lead counsel on behalf of seniors in long term care and home health care insurance fraud class action).
• Hanson v. Acceleration Life Ins. Co., No. 3:97-152 (D.N.D. 1997) (Lead counsel on behalf of seniors in long term care and home health care insurance fraud class action).

Third Party Insurance:

Along with first party insurance claim representation, K&W also represents third party payors, both large companies and self-insured communities that may have been coerced into paying claims through deception and fraud. We have represented, and continue to successfully represent, third party payors against large pharmaceutical companies that have fraudulently induced payments for unnecessary and unsafe prescription drugs. We strive to ensure that our third party payor clients are protected from any and all fraudulent claims and practices aimed at their businesses.

Representative Cases:

• In re Valsartan Prods. Liab. Litig.,MDL No. 2875 (D.N.J. 2019) (Co-lead counsel in certified litigation classes for consumers and TPPs involving contaminated Valsartan) (consumer fraud, pharmaceutical).
• Medical Mutual of Ohio Purdue Pharma L.P., et al., No. 18-cv-00716 (N.D. Ohio 2018) (Co-lead in action on behalf of Ohio insurance company for over payment of opioids and opioid treatments) (consumer fraud, pharmaceutical).