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Coordinating Counsel

NLdH has a national presence to address the litigation needs of its insurance clients across the country. We recognize the challenges insurers face to maintain consistency in handling claims and defending litigation on a nationwide scale. NLdH not only represents clients in federal and state courts throughout the United States on a case-by-case basis, but also services clients as national coordinating counsel.

As national coordinating counsel, NLdH offers an effective method for insurers to achieve consistency on a variety of legal and business practice issues by retaining one law firm to handle, or to coordinate the defense of, an insurer’s litigation needs throughout the country.

In today’s litigious environment, insurers face similar litigation matters and legal issues in each state they write insurance. These matters require constant vigilance to ensure they are handled with consistency and accuracy from jurisdiction to jurisdiction. The firm litigates the cases itself, hires and supervises local counsel, or litigates the case as co-counsel with local counsel. The advantages of creating and synchronizing a centralized handling and defense of similar claims through a national coordinating counsel are clear. It allows the insurer to maintain consistent positions on important issues, to streamline the defense of cases to avoid duplication of work, and to leverage knowledge from cases in other jurisdictions.

With one firm at the helm, carriers are able to maintain consistent business practices and react quickly to legal challenges to those practices before they become unmanageable.

The benefits of the NLdH National Coordinating Counsel model:

  • Coordination and management of litigation, including the management of discovery, the preparation of company witnesses for deposition and trial, coordination of consulting or testifying experts, and ultimate preparation of the case for trial.
  • Expertise in states' statutes, regulations, and industry practices that govern the claims/cases at issue.
  • Consistent reporting methodology to keep senior management apprised of the scope and magnitude of pending matters. With such reporting, the insurer is better able to model case reserves and institutional exposures.
  • Costs and fees are contained as the insurer is able to rely less on local counsel.
  • National coordinating counsel’s institutional knowledge results in more favorable resolution of pre-litigation claims.
  • Selection of local counsel whose experiences justify being part of the overall defense team.
News & Events

Council of Litigation Management, 2010 Annual Conference, March 24 - 26, 2010, Pointe Vedra, FL - Robert T. Horst will be speaking on the topic of "Preventing and Defending Bad Faith Claims: Current Trends and Strategies"

PAMIC 2010 Claims Summit, April 6 - 7. 2010, Gettysburg, PA - C. Scott Rybny will present "Emerging Issues - From the Homes We Live In to the Jewelry We Wear" and Michael Munger will speak on "Secondary Subrogation Issues."

DRI Insurance Coverage and Claims Institute, April 14 - 16, 2010, Chicago, IL - Robert T. Horst will present "The Recession, Misrepresentations and Rescission" along with William J. Matrogran, CIC, AIC, Erie Insurance Company. Additionally, Horst will also present "Bad Faith Update."

NYCBA 21st Annual "Current Issues in Insurance Regulation" Conference, April 16, 2010, New York, NY - Francine Semaya is the co-chair, moderator and speaker for the NYCBA 21st Annual "Current Issues in Insurance Regulation" Conference to be held April 16, 2010 in New York, NY.

American Conference Institute's 8th International Advanced Forum on Run-Off and Commutations, April 29 - 30, 2010, New York, NY - Francine L. Semaya will moderate the Regulatory Roundtable: Emerging Regulations and Their Impact on Insurance Insolvencies and the Run-Off Market featuring insurance regulators from across the United States.

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Emerging Topics Articles

Global Warming Lawsuit Raises a Host of Coverage/Liability Concerns.  In a decision could open the door for waves of suits against pollution emitting entities, the United States Court of Appeals for the Second Circuit allowed two related lawsuits to proceed that attempt to use the court system to halt the effects of global warming. In State of Connecticut, et al. v. American Electric Power Co., et al. , ___ F.3d ___, 2009 WL 2996729 (2d. Cir. Sept. 21, 2009), the Second Circuit reversed an order of the United States District Court for the Southern District of New York granting a motion to dismiss the plaintiffs' complaint against six utility defendants. The plaintiffs (eight different states, the city of New York and three land trusts) seek a judgment ordering carbon dioxide emitting utility companies to reduce emissions. The Second Circuit's holding raises not only numerous complex defense issues, but also concerns in the area of insurance coverage. ...

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