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For nearly 30 years, Nathan Randall has represented insurers concerning their professional liability risks, including D&O, E&O, Securities Broker Dealer E&O, Tech E&O, and other professional liability risks.  Nathan has served as lead coverage counsel on major E&O program business, representing domestic and London insurers on Insurance Brokers’ E&O and Insurance Company E&O programs.  Many of these matters have involved bad faith, market conduct, and extra-contractual exposures arising from general liability and first-party claims.

Representative Matters

Successfully resolved coverage on a high-profile “vanishing premium” market conduct class action, limiting payment on an Insurance Company Professional Liability (ICPLI) insurance tower to a small fraction of the purported $100 million value of the overall claim.

Negotiated favorable coverage position for E&O insurers, based on allocation of covered versus non-covered remedies, for the insured P&C carrier’s complex scheme to pay damages for its alleged bad faith in handling over 1,000 underlying infant/minor casualty claims.

Prepared primary D&O insurer’s expert witness to testify regarding the policy’s “anti-pyramiding” of limits provision, in successful defense of a coverage action involving interlocking directorates of two affiliated pharmaceutical companies.

Successfully negotiated the batching of interrelated E&O claims, thereby limiting coverage provided on successive years of the E&O insurance tower, for over 20 class actions brought against the insured automobile carrier alleging unfair settlement practices with respect to damaged and totaled automobiles.

Following the UK’s “split capital investment trust” scandal of 2002 to 2005, forestalled a significant coverage action against our client by successfully negotiating the E&O coverage available to its insured, a UK financial services firm, based on the firm’s contribution to a £144 million compensation fund.

Valuated or resolved all remaining coverage disputes over three successive years of a broker’s E&O insurance tower, thereby allowing the E&O insurers to commute the remaining claims and close their books on the relevant years of account.