Insurance
Straight Talk for Insurers
Andrews Kurth’s counsel to the insurance industry includes a full range of litigation issues ranging from single plaintiff suits to complex class actions. Our experience includes a variety of insurance policies and products and includes such areas as:
- Managed care and ERISA
- Complex coverage disputes and litigation
- Commercial litigation and arbitration
- Antitrust claims
- Federal Trade Commission disputes
- Policy construction and advice
Andrews Kurth represents clients at all judicial and dispute resolution venues, including in state and federal courts, arbitration and settlement conferences. The ongoing achievements of our trial lawyers strengthen our ability to manage the risks of litigation and to reach favorable outcomes for our insurance clients.
Insurance disputes are frequently complex, and we provide comprehensive counsel from inception through trial and appeal. We represent insurers in complex coverage disputes often involving bad faith claims.
For example, we represented a major insurer and some of its managed care affiliates in a federal court challenge to the State of Texas’ HMO Health Care Liability Act. Our sustained, successful efforts resulted in three published opinions from the United States Fifth Circuit Court of Appeals and the desired goals of our client. In addition, this advantageous construction of the Act benefited all of our managed care company clients.
Class Action Defense Achievements
Insurance companies are often the targets of class action lawsuits and we have prevailed in the defense of a number of carriers against class claims.
Our experience includes representing insurers defending against plaintiffs seeking class certification in ERISA breach of fiduciary duty, Lanham Act and RICO suits. Other class matters have involved the defense of insurance companies in antitrust suits brought by health care providers and policy holders and in Federal Trade Commission matters.
Representative Matters
- Aetna Health Inc. v. Davila, 124 S. Ct. 2488 (2004)
- Roark v. Humana, Inc., 307 F.3d 298 (5th Cir. 2002), rev’d sub nom. Aetna Health Inc. v. Davila, 124 S. Ct. 2488 (2004)
- Haynes v. Prudential Health Care, 313 F.3d 330 (5th Cir. 2002)
- Ford v. NYLCare Health Plans of the Gulf Coast, Inc., 301 F.3d 329 (5th Cir. 2002)
- Ehlmann v. Kaiser Foundation Health Plan of Texas, 198 F.3d 552 (5th Cir. 2000)
