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Insurance & ERISA

Our attorneys have substantial experience in matters arising from the rehabilitation and liquidation of troubled insurance companies. Our attorneys have handled numerous cases dealing with the issues arising from these proceedings, including:

  • Extensive representation of state regulators in their capacity as receivers of insurance companies;
  • Handling litigation against personnel who cause or contribute to failures, including director and officer litigation, litigation against accountants and litigation against third party administrators;
  • Extensive representation of insurance rehabilitators and liquidators in premium balance litigation against agents and insureds;
  • Extensive experience in addressing proofs of claims by insureds, including complex coverage issues such as environmental and toxic tort coverage issues; and
  • Extensive representation of liquidators and rehabilitators in reinsurance disputes and litigation.
  • Bankruptcy litigation related to insurance company insolvencies; and
  • Stay litigation to enforce the stay against a liquidator or rehabilitator.

Though most of our work in this field has been in representing liquidators and rehabilitators, we also have assisted policyholders, guaranty associations and other interests when appropriate in insurance company insolvency matters.

We have handled virtually every phase of insurance company insolvency, from the most routine day to day insolvency management matters to the drafting and effectuation of complex insurance company restructuring plans.

Wisener*Nunnally*Higgins, LLP offers its clients assistance with sophisticated (and simple) insurance problems, involving both solvent and insolvent insurance companies and agencies. In the insolvency field, clients frequently are bewildered by the fog of statutes and regulations applicable to such matters. We seek to help dispel the fog.

Our insurance work is not confined to insolvency matters. We also handle:

  • Policy coverage and litigation issues between insureds and insurers;
  • ERISA health claim coverage and litigation issues; and
  • Insurance claims litigation.

We have substantial experience in dealing with insurance and ERISA disputes.


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