Insurance & Reinsurance
Insurance and reinsurance matters rarely sit neatly in one lane. We work alongside insurers, reinsurers, and market participants to navigate disputes, regulation, and transactions where legal risk, commercial pressure, and regulatory complexity converge.
Overview
The insurance and reinsurance industry operates at the intersection of regulatory oversight, capital markets, and increasingly complex risk profiles. Carriers, reinsurers, and intermediaries face constant pressure from regulatory change, cross‑border operations, emerging risks, and dispute exposure. Legal guidance must account for both technical requirements and commercial realities across jurisdictions.
Our Focus
ArentFox Schiff works with insurance industry participants as they address regulatory compliance, manage disputes, and structure transactions in a rapidly evolving risk environment. Matters often involve overlapping regulatory regimes, legacy and emerging exposures, and strategic decisions that affect capital, governance, and market participation.
The firm’s approach reflects how legal, regulatory, and commercial considerations interact in practice — particularly where disputes, regulatory scrutiny, or transactional activity arise simultaneously or across multiple jurisdictions.
Focus Areas
- Insurance Disputes
- Insurance Regulatory
- Insurance Transactions
What Do We Do
- Represent insurers, reinsurers, and intermediaries in insurance and reinsurance litigation and arbitration, including coverage, claims, and treaty disputes
- Advise on U.S. and international insurance regulatory requirements, licensing, compliance programs, and corporate governance
- Counsel on mergers, acquisitions, portfolio transfers, and run‑off transactions involving insurance and reinsurance businesses
- Structure alternative risk‑transfer and capital markets products, including catastrophe bonds and insurance‑linked securities
- Draft and review insurance and reinsurance policy forms, endorsements, and program structures across lines of business
- Assist with captive insurance programs, excess and surplus lines matters, and cross‑border market entry
- Provide tax planning and controversy support related to insurance operations and transactions
Who Do We Help
- Commercial and mutual insurers
- Reinsurers and retrocessionaires
- Captive insurance companies and risk retention groups
- Insurance intermediaries, brokers, and managing general agents
- Financial institutions and capital markets participants
- Rating organizations
- Regulators and regulated entities
How Can We Help
Legal support is often required when organizations face regulatory change, licensing or compliance reviews, investigations or enforcement actions, litigation exposure, cross‑border expansion, portfolio transfers, restructuring, or the development of new insurance products and risk‑transfer structures.
Our Experience
ArentFox Schiff has advised insurance and reinsurance industry participants for decades across disputes, regulatory matters, and complex transactions. The firm’s experience reflects the full lifecycle of insurance operations, from market entry and product development to dispute resolution, restructuring, and run‑off management.
Representative matters include:
- Representing insurers and reinsurers in high‑value coverage, reinsurance, and commercial disputes before courts and arbitration panels
- Advising on U.S. and international insurance regulatory compliance, licensing, and governance matters
- Structuring alternative risk‑transfer products, including catastrophe bonds and insurance‑linked securities
- Counseling on captive insurance formations and ongoing regulatory requirements
- Advising on insurance‑related mergers, acquisitions, and portfolio transfer transactions
Recognition
- Chambers USA
- Super Lawyers
- Legal 500
- The International Who’s Who of Insurance and Reinsurance Lawyers
- The Best Lawyers in America
Frequently Asked Questions
How does ArentFox Schiff support insurers and reinsurers operating across multiple jurisdictions?
The firm advises on U.S. and international regulatory requirements, cross‑border transactions, and disputes that involve overlapping legal regimes. Matters often require coordination with regulators and counsel in multiple jurisdictions to address licensing, compliance, enforcement, or dispute‑resolution considerations.
What types of insurance and reinsurance disputes does the firm handle?
ArentFox Schiff represents insurers, reinsurers, and intermediaries in coverage and claims disputes, reinsurance arbitrations, and related commercial litigation. This includes treaty and facultative reinsurance matters, follow‑the‑fortunes and follow‑the‑settlements disputes, and proceedings before courts and arbitration institutions in the United States and abroad.
Does the firm advise on emerging risks and new insurance products?
Yes. The firm advises on regulatory, policy‑drafting, and compliance issues associated with emerging risks and evolving insurance products, including cyber risk, climate‑related exposures, parametric insurance, and technology‑enabled distribution models. Advice is tailored to the applicable regulatory frameworks and business models involved.
When do insurance organizations typically seek regulatory or transactional advice?
Organizations often seek legal guidance when entering new markets, undergoing licensing or compliance reviews, responding to regulatory inquiries, restructuring operations, transferring portfolios, or developing new risk‑transfer or capital‑markets structures. These situations frequently involve both regulatory and commercial considerations.
