KFP attorneys represent clients in the U.S. and abroad for many different types of matters. Representative matters include the following:
KFP obtained a multi-million dollar settlement on behalf of a cedent and its reinsurer who asserted claims in court against a reinsurance intermediary that had breached its duties in the placement of reinsurance for automobile warranties written throughout the United States.
KFP represented a finite risk reinsurer in an arbitration arising from a multi-million dollar dispute over treaty wording. Our client’s interpretation of the treaties prevailed and was generally adopted in the final arbitration award. Additionally, KFP successfully opposed the cedent’s efforts to change the effect of the panel’s decision in federal court proceedings to confirm the arbitration award.
KFP represented a reinsurer in mediation of a multi-million dollar dispute over a reinsurance program concerning three-way exposure buy-back policies for multiple categories of risks. The mediation resulted in global commutations.
KFP represented a reinsurer in resolving several treaty interpretation and administration disputes with major insurers in liquidation. In this engagement, the client sought to avoid formal arbitration proceeding but still achieved settlements on favorable terms.
KFP represented a reinsurer in a multi-million dollar arbitration concerning retrocessional coverage of workers’ compensation risks throughout the United States where the issuing carrier was in liquidation.
KFP represented a medical stop loss insurer in arbitration concerning claims asserted on behalf of a health insurance trust that pursued an assignment for the benefit of creditors. The matter was resolved favorably for KFP's client.
On behalf of a health insurance carrier, KFP obtained a reversal of a trial court injunction in the South Carolina Supreme Court regarding the umpire selection for an arbitration against a TPA and a competing carrier. The dispute concerns a large book of group health insurance risks written by the TPA throughout the United States.
KFP currently represents carriers in fidelity bond disputes pending in Illinois state court. The claims involve massive Ponzi schemes perpetrated in California and New York that resulted in large losses to the warehouse lending industry. The insured seeks more than $20 million in losses on several hundred underlying real estate loans and bad faith damages.
KFP represented a Texas banker’s self-insurance trust in a multi-million dollar bankers’ professional liability and D&O dispute concerning a large securities fraud suit against the insured by the trustee of an insolvent securities broker-dealer. KFP’s client commenced an arbitration to rescind the policy, and the insured counterclaimed for coverage and bad faith.
KFP appealed multi-million dollar proofs of claims in an insurance liquidation after the liquidator’s initial decision denying the claims. The appeal was resolved favorably for KFP's client.
KFP is representing a group of Professional Liability Insurers against whom a claim has been made by one of the managed care insurers that entered into a class action settlement with the provider plaintiffs in the MDL Managed Care Litigation filed in Miami, Florida.
KFP represented a Professional Liability Insurer in connection with a claim by a life insurance company which had settled a class action lawsuit involving alleged improper sales of financed or vanishing premium life insurance policies. The firm is currently involved in addressing insurance coverage disputes involving the alleged misselling of other types of financial products sold by life insurance companies in the United Kingdom.
KFP serves as outside counsel to insurers and reinsurers to provide legal advice in diverse areas, including claim review and management, reinsurance, underwriting, policy drafting, corporate issues, executive compensation, and compliance.
A leading fidelity insurer retained KFP to handle an appeal of a loss at trial in a case raising significant issues under the Uniform Commercial Code and related common law. In an important decision that has caught the attention of both banking and insurer industry groups, the United States Court of Appeals for the Seventh Circuit reversed the district court and ruled for KFP’s client.
KFP is currently pursuing subrogation claims against financial institutions on behalf of fidelity insurers in litigation and arbitrations nationally.
Commercial Disputes and Transactions
KFP served as lead counsel for litigation in five states on behalf of several dozen former Arthur Andersen partners with regard to disputes over their partnership financing in the wake of the Enron scandal and Arthur Andersen's criminal indictment.
KFP represented a commercial real estate developer in an action alleging antitrust and other commercial torts against a leading Chicago-area supermarket chain.
KFP has represented and currently represents a leading Chicago-area bank in many dozen suits arising out of deposit and lending relationships.
KFP conducted an internal investigation of executive misconduct on behalf of the board of directors of a client. This investigation culminated in benefit determination hearings and appeals and state and federal litigation with a former executive.
KFP has represented commercial lenders for the enforcement of UCC Article 9 security interests, forcible detainer actions, strict foreclosure proceedings and other matters pertaining to enforcement of security interests.
KFP has represented commercial lenders in multi-million dollar financing transactions for different types of loans secured by equipment, inventory, real property and other assets.
KFP is a leading Illinois firm pursuing recoveries for individuals who are victims of intentional torts, having pursued and successfully settled several dozen such suits in the past three years.