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 becomes necessary 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.
K&W has recovered nearly $130 million collectively for its clients on first party insurance claims.
Current and past clients include:
- The City of Pasadena (Texas)
- The City of Gretna (Louisiana)
- Barbers Hill Independent School District (Texas)
- La Porte Independent School District (Texas)
- Plaquemines Parish School Board (Louisiana)
- Cameron Parish School Board (Louisiana)
- Academy of the Sacred Heart (New Orleans)
- Omega Protein, Inc. (Texas)
- Innovus, Inc. (Texas)
- First Bank & Trust (Louisiana)
- Goodwill Industries (New Orleans)
- Alexander Milne Home for Women (Louisiana)
- Various individuals in the Greater New Orleans area.
- Nucor Corporation
- Nucor Steel Louisiana LLC
- Township of Woodbridge, NJ
- Woodbridge Board of Education, NJ
- Nucor Steel Louisiana LLC et al v. Zurich American Insurance Company et al., [Action challenging wrongful denials of claims under Builder’s Risk and Property Insurance policies following collapses of iron ore storage domes]No. 37964 (La. 23rd J.D.C.) (insurance)
- Co-lead counsel, Press, et al. v. Louisiana Citizens Property Insurance Corp.[$23 million class action settlement on behalf of insureds in Louisiana concerning underpayment of overhead & profit expenses following Hurricanes Katrina and Rita], No. 06-5530 (C.D.C., Orleans Parish, Louisiana) (class action)
- Lead counsel, Milkman v. American Travelers Life Ins. Co.[multi-million dollar national class settlement on behalf of long term care and home health care policyholders], No. 3775 (Ct. Common Pleas, 1st Judicial Dist, Penn.) (class action)
- Lead counsel, Hanson v. Acceleration Life Ins. Co.[multi-million dollar national settlement on behalf of long term care policyholders], No. 3:97-152 (D.N.D. 1999) (class action)
- Lead counsel, Wallace v. American Agrisurance[multi-million dollar national class settlement on behalf of rice growers holding CRC policies], No. LR-C-99-669 (E.D. Ark.) (class action)
- Lead counsel, Shaffer v. Continental Casualty[$60 million national class settlement for the marketing and sales practice of long term care insurance], No. 06-2335 (C.D. Ca.) (insurance)
Third Party Practice:
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. K&W has represented, and continues to successfully represent, third party payors against large pharmaceutical companies that have fraudulently induced payments for unnecessary and unsafe prescription drugs. K&W is also experienced in handling Medicaid billing fraud claims. K&W strives to ensure that its third party payor clients are protected from any and all fraudulent claims and practices aimed at their business.
- Current co-lead counsel, Medical Mutual of Ohio v. AbbVie, et al.[A RICO class action on behalf of third party payors regarding the marketing and sale of Testosterone Replacement Therapy products] No. 1:14-cv-08857, (N.D. Ill.) (pharmaceutical)
- Medical Mutual of Ohio v. Purdue Pharma L.P., et al., [RICO claim brought against more than 30 pharmaceutical manufacturers, distributors, and retailers for fraud in the marketing of opioid drugs consolidated into the national opioid MDL]No. 18-cv-00716 (N.D. Ohio) (consumer fraud, pharmaceutical)
- Monmouth County v. Purdue Pharma L.P., et al., [RICO claim brought against pharmaceutical manufacturers and distributors for fraud in the marketing and distribution of opioid drugs]MID L-003010-18 (N.J. Super. Ct. Law Div.) (consumer fraud, pharmaceutical)
- Delaware County, Pennsylvania et al. v. Purdue Pharma L.P., et al., [Representing Northampton County in a coordinated action against pharmaceutical manufacturers and distributors for fraud in the marketing and distribution of opioid drugs. ]No. 2017-008095 (Del. Cty. C.C.P.) (consumer fraud, pharmaceutical)