Coverage Disputes

Williams, Bax & Saltzman at all times emphasizes risk management. In the event of a claim or loss, our attorneys will guide you through the often difficult process of obtaining coverage. When a coverage problem arises, ideally we can assist you in negotiating a resolution with your insurer. Otherwise, WBS has insurance litigation expertise and experience necessary to enforce your insurance contract rights in court.

Representing policyholders exclusively in coverage disputes, WBS attorneys are proficient in resolving insurance coverage claims for: general commercial, advertising injury and intellectual property liability; director and officer liability; professional malpractice errors and omissions liability; employee fidelity and dishonesty; employer liability; construction and construction defects; product liability; property damage and business interruption; environmental liability; and cyber risk and data theft.

Regulatory & Compliance

The insurance industry faces increasing regulation and oversight. In addition to our litigation depth, we are active in state legislative matters and participate in the meetings and ongoing work of the National Association of Insurance Commissioners (NAIC). We take pride in building consensus and implementing innovative solutions to complex problems. WBS partner Rob Muriel was the Director of the Illinois Department of Insurance (2019-2020) and had numerous leadership positions at the NAIC. He is presently on the Board of Directors of United Policyholders, a respected nonprofit Association voice for consumers of all types of insurance in all 50 states.

We have represented clients in various states on a broad range of insurance regulatory matters, including market conduct examinations, responding to inquiries and formal investigations, financial solvency issues, and regulation of insurance intermediaries (such as producers, public adjusters, third party administrators or managing general agents). We develop strategies for our clients in these types of matters, not just from a legal perspective but from business and public policy ones as well. Accordingly, we have established relationships and credibility with elected officials, governmental leaders, and decision-makers throughout Illinois, as well as insurance commissioners throughout the United States and the leadership at the NAIC.

Rob Muriel has also testified as an insurance regulatory expert witness in consumer class action cases filed in various states.

Examples of Our Results

Examples of our successful results in insurance coverage disputes, contested litigation and specialized regulatory matters on behalf of business, nonprofit and individual policyholders include:

• Numerous multi-million-dollar claims, and outstanding settlement results, against various P&C and umbrella carriers for violations of the Illinois Biometric Information Privacy Act.
• Obtained a favorable resolution for a third-party administrator in a market conduct examination by the Illinois Department of Insurance (IDOI).
• Recovery through trial against insurer in trademark/slogan infringement and false advertising suit defense costs for international manufacturer- distributor of Christmas lights.
• Assist a health insurance licensee get product approval from the IDOI.
• Favorable resolution of potential rescission of life insurance policy.
• Provide insurance regulatory advice to a public adjuster during the pendency of private litigation.
• D&O liability coverage settlement for director of bankrupt public company.
• High six figure settlements in individual disability income coverage claims.
• Pre-suit settlement of D&O coverage and insurance broker negligence claims for wrongful license contract termination by international manufacturer/distributor of exercise equipment.
• Prosecution and management of multi-policy claim and coverage settlement for toxic tort class action against international precision metal casting company.