KISSEL

STRATON &

WILMER

LLP

providing the highest level of legal services

practice_areas

PRACTICE

AREAS

MEDIA & CYBER

KSW, through its Media and Cyber Practice Area, has extensive experience in representing media insurers in coverage matters that extend to print, broadcast, and electronic media and provides similar services to cyber insurers that offer multimedia liability and other coverages. The Firm provides a full line of services that include counseling and advising clients about coverage issues, managing and monitoring media claims, as well as litigating and arbitrating coverage cases and drafting policy wordings. The types of media claims KSW handles involve defamation, invasion of privacy, and intellectual property rights. These claims involve both print and electronic publishers, advertisers, television, radio, cable, satellite broadcasters, and motion pictures. KSW regularly advises on coverage issues and monitors complex copyright litigations brought against textbook publishers by serial plaintiffs and claimants.

KSW's Cyber Practice involves the representation of insurers of internet companies and other companies engaged in electronic commerce, as well as all companies using computer systems and the internet. This practice includes representing insurers that provide technology errors and omissions, multimedia liability, network security and privacy liability, data recovery and loss of business income, privacy regulation, defense crisis management/notifications, and data extortion coverages. The Cyber team consists of attorneys with significant experience in media and cyber claims, including counseling and advising clients about coverage issues, managing and monitoring claims, and litigating, arbitrating, and mediating coverage disputes. KSW’s practice also involves the drafting of cyber specific insurance policies and endorsements.

Crucial to the appropriate resolution of a cyber related claim is timely and efficient analysis of the specific problem involved and identification of an appropriate expert necessary to respond to a policyholder’s cyber issues. Partnering with expert attorneys and other service providers is key to the overall effort to control exposures and efficiently and economically resolve these matters.

EMPLOYMENT PRACTICES LIABILITY

KSW's Employment Practices Liability Practice Area (“EPL”) provides a full range of services to EPL insurers. KSW attorneys issue coverage opinions and analyze liability and damages with respect to underlying EPL claims, as well as potential coverage issues and defenses. KSW represents insurers throughout the claims handling process, which involves the monitoring of claims in its various stages from notice of circumstance through claims resolution including complex litigation in state and federal courts. In addition, KSW provides claim audit services, undertakes policy and endorsement drafting, and handles regulatory compliance issues for its clients. KSW attorneys also work with insureds and defense counsel concerning claim resolution strategy and participate in settlement negotiations, mediations, and arbitration of claims. KSW’s Disputes Practice Group handles the defense of EPL claims.

KSW also provides pre-claim advice directly to policyholders on loss mitigation techniques and other human resources issues, including proper form and substance of employee handbooks, and best practices for handling complaints when they are first filed with supervisors or human resources departments.

Recognizing the fluid and fast paced changes in the EPL market, KSW prides itself on keeping abreast of market changes, claim trends, and newly enacted legislation in various states. With such knowledge, KSW assists our clients with policy wording projects, web-based and other risk management products enhancements, drafting endorsements, and applications and application supplements. KSW also travels to meet with our clients’ prospective business partners, providing formal and informal opinions on EPL insurance regulatory issues and other legal and non-legal insurance business advice and assistance.

Professional Employer Organizations, Staffing and Administrative Service Organizations

KSW has extensive experience in the specialized area of employment-related and professional liability claims against temporary staffing agencies, professional employer organizations, and administrative service organizations. In this regard, we provide coverage analysis, case strategy, claims resolution, and policy wording assistance. KSW attorneys also assist these companies with potential claims such as discrimination, retaliation, and wrongful termination; provide advice on how to resolve such claims; and provide training on employment policies and procedures, employee handbook issues, and complaint procedures.
Companies in the PEO/ASO and Staffing Industry also face errors and omissions/professional liability exposure when customers believe that a placement was made in error.

EPL Defense

KSW has represented employers ranging from small and mid-size local businesses to large national companies in claims brought under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Civil Rights Act of 1991, the Americans with Disabilities Act, and other federal, state, and local anti-discrimination statutes and regulations. KSW’s attorneys routinely appear before federal and state courts and agencies, including the Equal Employment Opportunity Commission, the New York State Division of Human Rights and the New Jersey Attorney General’s Division on Civil Rights.

The Firm frequently advises clients on pursuing alternatives to litigation, but is experienced and prepared to handle all aspects of litigation, from discovery, to trials, and appeals in the defense of EPL claims.

PROFESSIONAL LIABILITY

E&O

KSW represents a wide range of clients in the insurance industry, helping them navigate today’s challenging and ever-changing legal environment unfolding in the Management Liability, D&O, and corporate liability arenas. Our Firm represents foreign and domestic insurers, primarily as coverage and monitoring counsel, and, when necessary, in coverage litigation through the resolution of the claim. KSW also has a developing practice area in direct representation of directors and officers.

Decision makers at both privately-held and public entities face daily challenges to their management strategies and decisions. KSW works with our clients to develop products designed to help management when these decisions are challenged. Whether the challenge takes the form of high-stakes “bet the company” D&O matters, or is a claim focused on a decision that impacts a wide array of shareholders-investors, KSW has the experience needed to guide D&O/Management Liability insurers through both coverage-related claims issues and resolution of these intricate matters.

KSW assists its insurance clients and their insureds, (including Fortune 500 companies), in handling complex securities and derivative litigation. In the context of such litigation, KSW has developed a significant knowledge base in, among other areas, pharmaceuticals, telecommunications, financial institutions, health care, and technology.

D&O cases often involve sophisticated insureds and could have far-reaching corporate impact. Such cases might involve significant legal, economic, and practical implications for insurance companies. Insurers need counsel prepared to address a claim from a multi-disciplinary standpoint. KSW attorneys who handle D&O and Management Liability matters enlist the help of our Commercial, Disputes, and other practice groups, as needed, in order to be able to bring subject-matter expertise to our clients.

KSW also assists insurers in drafting policy wording that best meets the terms of the agreement between insurers and their policyholders.

MANAGEMENT LIABILITY

D&O

GENERAL LIABILITY

EXCESS CASUALTY

KSW's General Liability and Excess Casualty Practice Area maintains a strong tradition of providing high quality services in the handling and defending of general liability and excess casualty claims.

KSW provides a full range of services to insurance clients that provide insurance coverage to: rail and trucking transport companies, municipal and governmental entities (including rail and transit authorities, motor carriers, warehouse operators and sellers of goods in transit), pharmaceutical companies, chemical, firearms, fireworks, and other types of product manufacturers, contractors and construction and design firms, retail stores, franchisees and distributors, media and advertising firms, and other small, mid-sized and large businesses of different types.

KSW also has extensive experience representing insurers and reinsurers faced with major third-party liability claims arising from the release of hazardous substances into the environment.

KSW monitors, mediates, litigates, and arbitrates matters with regard to various GL and excess casualty claims. KSW handles coverage litigation and direct defense of third liability claims and represents insurers throughout the claims handling process. In addition, KSW handles bad faith allegations brought against its insurance clients and is experienced in conducting claim file reviews and providing policy drafting advice and services. KSW supplies its clients with in-depth liability, damages, and other assessments in order to support the accurate evaluations of loss exposure and effective strategizing for resolutions. In addition, KSW has extensive experience litigating complex insurance coverage cases in the aforementioned areas.

KSW also represents clients in a large range of general liability defense matters, including construction site and New York Labor Law accidents, construction defects, motor vehicle accidents, products liability, and premises liability matters. Our attorneys take a proactive approach in obtaining defense and indemnification for our clients by analyzing available construction contracts and leases, and enforcing various defense and indemnification clauses in which general contractors and subcontractors have agreed to assume defense and indemnity obligations.

FINANCIAL INSTITUTIONS

KSW's Financial Institutions Practice Area provides a full range of services to insurers issuing coverage to Financial Institutions (“FI”) and financial service firms, including Professional Liability and Directors & Officers Liability, and is well-versed in the challenges posed in today’s FI climate. Our work has included issuing opinions with analysis of liability and damages with respect to underlying claims, as well as potential coverage issues; monitoring claims in various stages, including complex litigation in state and federal courts; representing insurers throughout the claims handling process; providing claim file review services and advice; and policy drafting services.

Our team has significant involvement with respect to the largest scandals of the past decades, involving directors and officers and financial and professional insurance. KSW attorneys work alongside insurers, policyholders, and defense counsel in developing and implementing claims resolution strategy, and participate in settlement negotiations, mediations, and arbitrations. KSW has extensive experience litigating coverage cases and our Firm’s attorneys have handled reinsurance issues for clients with respect to FI risks.

KSW attorneys have presented and spoken on significant issues relevant to the FI industry. The world of Financial Institutions is changing rapidly during this global financial crisis. Oversight and regulation by governmental entities is in a state of constant change.

REINSURANCE

KSW’s Reinsurance Practice Group has the skills and expertise essential to assist clients with a wide range of reinsurance matters. Our attorneys have been representing foreign and domestic insurance and reinsurance company clients for most of their legal careers and have in-depth experience with reinsurance claims, coverage analysis, and dispute resolution.

KSW attorneys regularly handle complex claim-related matters involving coverage analysis, contract wording interpretation, claim audits, reserve/payment recommendations, loss allocation, settlement strategy and negotiation, claims monitoring, and dispute resolution including mediation, litigation, arbitration, and commutation.

In addition, KSW attorneys are skilled in drafting reinsurance contract wordings, including quota share and excess of loss treaties, facultative certificates, and retrocessional contracts, as well as settlement agreements, commutation agreements, and fronting arrangements. KSW attorneys also provide risk management and claims handling services to its clients.

KSW has handled many issues facing reinsurers and ceding companies, including but not limited to, the aggregation and allocation of losses, number of occurrences, treatment of declaratory judgment expenses and loss adjustment expenses, non-disclosure/misrepresentation, rescission, annualization of limits, operation of sunrise/sunset clauses, follow the fortunes, set-offs and recovery, the scope of ECO/XPL clauses, access to records, insurer insolvency, subrogation, and numerous other issues pertinent to reinsurance.

In particular, KSW’s broad experience includes handling reinsurance claims and cedent accounts in connection with underlying business involving professional liability, directors and officers’ liability, medical malpractice and health care liability, asbestos, pollution, health hazard, and other long-term exposure claims, workers’ compensation and employers’ liability, general liability, media liability, IP risks, employers’ practices liability, and transportation law.

The Reinsurance Practice Group members are each intricately involved in the insurance and reinsurance industry and understands the current issues facing our clients in this marketplace. Our attorneys strive to make a difference for our clients and take pride in the quality services and team-oriented approach fostered over the years, to the benefit of our clientele.

FIRST PARTY

KSW's First Party Practice Area consists of the representation of traditional property insurers, as well as handling other first party issues, including cyber liability-related coverages, accident and health, political risk, transportation, and other claims brought under first party policies.

KSW provides its clients with a full range of services concerning commercial, residential, and industrial property insurance and utilizes a team approach headed by attorneys with significant experience in litigating property coverage claims. The Firm’s property insurance practice includes handling claims involving building collapses, fire losses, water damages and industrial and manufacturing claims. KSW also provides in-depth investigation and evaluation of business interruption and extra expense claims along with the physical damage coverage; counsels and advises clients about these coverages; adjusts/monitors claims; conducts examinations under oath; defends coverage litigation; and represents clients in declaratory judgment actions. KSW’s First Party Practice Area attorneys also have experience in drafting first party insurance policies.

KSW's First Party Cyber Practice Area overlaps to a degree with its Cyber Practice Area as the data recovery, loss of business income, and extra expense coverages often contain similar concerns as the third party network security and privacy liability, privacy regulatory defense, and crisis management costs/notifications coverages that are typically placed with an all encompassing cyber policy.

ABOUT US

Kissel Straton & Wilmer LLP (“KSW” or the “Firm) was founded in 1998 by a group of experienced and well-regarded insurance and reinsurance law experts whose focus is to provide the highest level of legal services to its clientele.

KSW vigorously protects our clients’ interests, by providing first rate legal services tailored to each client’s corporate philosophy and approach to commercial relationships. We conduct our work economically, in partnership with our clients and to foster long-term relationships marked by communication and transparency. We strive to make a difference for our clients on each instruction and have developed a firm environment that is cordial, congenial, and educational. KSW prides itself on its innovative approaches to the resolution of our clients’ legal problems.

KSW focuses on all aspects of insurance and reinsurance including claims and coverage analysis and monitoring, program reviews and audits, policy drafting and review, risk analysis, direct defense and general counsel services and, where necessary to resolve a dispute, mediation, litigation, and arbitration.

KSW has a team of well-qualified and dedicated attorneys from a broad range of backgrounds. The Firm takes pride in the quality of its services and the team-oriented approach we have fostered, to the benefit of our clientele.

KSW’s main office is located in Tarrytown, New York. We also have offices in Marlton, New Jersey; New York, New York; Garden City, New York; and London, United Kingdom.

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