Insurance Defense and Coverage | McGlinchey Stafford PLLC

McGlinchey’s defense of insurance companies is a founding practice of the firm.

After more than 40 years of representing insurance companies and reinsurance companies, our attorneys continue to set the standard for the defense of high-risk, complex insurance and reinsurance coverage cases.

A significant practice focus is on environmental and toxic torts issues, including long-term exposure casualty claims on aromatic hydrocarbons, NORM-related injuries, and other substances.

In one landmark representative coverage matter, our attorneys were the first lawyers in Louisiana to successfully invoke the pollution exclusion and the applicability of the Doerr criteria. Arguing persuasively before the Louisiana 5th Circuit Court of Appeals, we prevailed at the appellate level on behalf of our client. The appellate court reversed the finding of the trial court that the pollution exclusion could not be asserted as a defense to an insured’s claim for coverage.

A further team strength is providing coverage analysis to our insurance clients, which requires an understanding of policy interpretation and up-to-date knowledge of ever-changing jurisprudence involving coverage disputes.

Counseling cost-efficiently and strategically, McGlinchey defends insurers in litigation matters involving:

Aviation
Casualty Matters
CERCLA
Class Actions
Consumer Credit Insurance Class Actions
Contamination Releases
Denial of Benefits
Environmental Claims
ERISA
Maritime
Medical Malpractice
Petrochemicals
Plant Operators
Products Liability
Professional Services Liability
Refineries
Regulatory Compliance
Toxic Torts

In addition to our considerable success at the appellate level, we have extensive litigation experience in state and federal courts throughout Louisiana and Texas, as well as in other states across the country. We serve as general and national counsel for several insurance companies. McGlinchey's industry-rich experience in such areas as aviation, healthcare, consumer financial services, and environmental law add value to the defense strategies and solutions we devise. In connection with our business counsel of the insurance industry, we also provide comprehensive counsel on insurance regulation and compliance. Attorneys in this area focus on preventive compliance counsel, manage the regulatory approval process, and represent insurers in hearings and audits before administrative and governmental authorities.

Represented a life insurer in a national putative class action alleging improper insurance sales practices, misrepresentation, and breach of contract
Represented a life insurer in a national putative class action alleging improper insurance sales practices, misrepresentation, and breach of contract. This case is significant because remand to an unfavorable state court jurisdiction on a fraudulent joinder claim was denied. The case settled after the filing of a motion for summary judgment.
Represented a life insurer in a putative class action lawsuit alleging discriminatory pricing
Represented a life insurer in a putative class action lawsuit brought by policyholders who alleged discriminatory dual-pricing of life insurance policies. The case was won on a motion for summary judgment.

The First 48: Immediate Steps After an Accident
Member Allyson Byrd (New Orleans) will present on "The First 48: Immediate Steps After an Accident" for the Wilbert Manufacturers Association's St. Petersburg Midterm Meeting, April 16-18, in St. Pete Beach, Florida.
Handling Difficult Removals with Success
Member Tarush Anand (Houston) will co-present on a panel, "Handling Difficult Removals with Success," at the Federation of Defense & Corporate Counsel (FDCC) Winter Meeting in Nashville, Tennessee, on Tuesday, February 21, 2023. The panel will discuss various topics, including recent case law, artful pleadings and manipulation by Plaintiff's counsel, the problem of the later-served defendant, joinder and consent, and waiver issues.
Managing Case Costs for All Sizes of Litigation
Member Allyson Byrd (New Orleans) will co-present "Managing Case Costs for All Sizes of Litigation" at ALM Property Casualty 360 on February 28, 2023.
McGlinchey Adds 8 Litigation Associates Across 5 Offices
McGlinchey is pleased to announce the addition of eight new associates in its Financial Services Litigation and Enterprise Litigation & Investigations practice groups in the last two months of 2022. The litigators join the firm’s Birmingham, Dallas, Cleveland, Houston, and New Orleans offices.
McGlinchey Attorneys Named to 2023 Louisiana Super Lawyers and Rising Stars Lists
McGlinchey is pleased to announce that 17 attorneys in the firm's Baton Rouge and New Orleans offices have been named to the 2023 Louisiana Super Lawyers and Rising Stars lists.