Cox Smith's insurance team has an understanding of the insurance industry and experience in a wide variety of insurance matters. Our lawyers represent some of the nation's largest insurance carriers in sophisticated insurance and reinsurance matters of all types. Cox Smith also represents business policy holders in formulating comprehensive risk management and insurance programs, as well as counseling in coverage disputes. Finally, we represent brokers, agents, third-party administrators and adjustors in claims and coverage placement litigation, as well as regulatory matters before the Department of Insurance and other regulatory bodies. Because we have a practical understanding of most aspects of the industry and all sides of insurance disputes, we are able to obtain results for our clients in an efficient and cost effective manner.

Client Focus

• Insurers
• Insureds
• Agents and brokers

Services to Insurance Companies
Bad Faith, Sales Practices, Class Action Litigation.  We defend national insurers in a broad range of litigation matters including large exposure "bad faith" litigation, mass catastrophe litigation, ERISA litigation, fraudulent sales practices, and securities fraud. Our defense of insurance companies in class action lawsuits includes suits alleging misrepresentation in the sales and marketing of insurance and annuity products, as well as ERISA class actions alleging improper calculation of benefits and improper offsets of other income benefits.

Coverage Actions.  We regularly provide advice and counseling to insurers on coverage issues arising out of all types of insurance agreements. When a coverage issues rises to the level of a dispute with the insured, we help clients navigate through potential bad faith issues and work with them to find solutions through declaratory judgment actions and/or negotiated settlements.

Services to Insureds
Coverage.  We counsel and represent insureds in risk management, policy placement and coverage disputes involving property and casualty, life and accident, employer liability, commercial liability, directors and officers liability, and professional liability policies.

Employee Benefits.  Our team works with employers and ERISA plans to develop strategies that identify and minimize the basis for claims of prohibited transactions or breach of fiduciary duty. But when necessary, we and our litigation support team are available to defend employers when plaintiffs sue over denial of benefits or breach of fiduciary duty claims. Our primary aim is to help our clients avoid problems in the first place. Because we work with many types of employers, we can often spot potential benefit and pension problems before they arise and craft solutions that minimize the risk of private litigation or government sanctions.

Workers' Compensation.  Our firm has prosecuted claims for alleged premium fraud in workers compensation programs.

Services to Agents and Brokers
Litigation. Our lawyers represent individual insurance agents, brokers, and brokerage agencies in claims resulting from the sale of life and health insurance, property and casualty insurance, or annuities and other insurance products. Many of the cases that we handle require us to resolve allegations of misrepresentation, inadequate coverage or product unsuitability.

Regulation. In addition to claims and coverage litigation, we defend brokers and agencies in actions by the Texas Department of Insurance, including defense against allegations that they have violated the Texas Insurance Code or other consumer protection statutes.