BatesCarey LLP is an internationally recognized leader in resolving professional liability claims. We protect the interests of primary and excess insurers worldwide in cases involving the most complex Directors & Officers, Errors & Omissions, and Employment Practices Liability claims. Our relationships with mediators, defense counsel, plaintiffs’ counsel, and insurance industry insiders provide our clients with the inside edge to superior results.

Directors & Officers Liability

From the financial frauds of the early 2000s to the more recent meltdown of the financial markets, we have represented insurers in every major D&O event impacting the insurance markets over the last decade.  Insurers rely on our in-depth understanding of securities laws, case law, dispute resolution processes, and insurance markets to evaluate and resolve even the most complex claims.  When necessary, we litigate or arbitrate such claims across the United States and abroad.

Errors & Omissions Liability

Our experience in handling the gamut of E&O exposures provides our clients with the broadest possible perspective in resolving E&O claims through negotiation, litigation, or arbitration.  We have long represented insurers in E&O claims involving:

  • Accountants
  • Actuaries
  • Architects and Engineers
  • Fiduciaries
  • Financial Institutions
  • Insurance Agents and Brokers
  • Insurance Companies
  • Investment Advisors
  • Lawyers
  • Managed Care Facilities
  • Public Entities
  • Securities Broker-Dealers

Employment Practices Liability

Our EPL lawyers are important insurance industry allies in resolving employment related coverage disputes.  Our attention to evolving legislative and judicial developments, and our experience with complex EPL coverage issues, translates into efficient results in claim handling and, when necessary, in litigation, arbitration, or mediation.

From nationwide class actions to individual lawsuits, we represent EPL insurers in claims involving:

  • Race and gender discrimination
  • Wrongful termination and retaliation
  • Sexual harassment
  • Wage and hour disputes
  • Breach of contract
  • The Americans with Disabilities Act
  • The Age Discrimination in Employment Act

Financial Institutions

Our lawyers have significant expertise representing insurers subscribing to a wide range of FI insurance products.  We have the long-term experience required to represent clients participating on complex FI programs.  Our in-depth knowledge of federal and state regulations equips us to successfully handle the array of claims implicating FI insurance products.

Cyber Risks, Technology & Data Security

We have special expertise in handling privacy, technology, hacking, and data security breach claims.  We are experienced in evaluating and resolving matters involving theft or loss of confidential corporate, medical, and personal identification information.  We work closely with our clients to navigate both first and third party claims in these areas, including traditional technology professional liability claims as well as newly emerging cyber risks.

Fidelity & Crime

We represent clients in connection with some of the most high-profile and complex fidelity and crime claims.  We investigate proofs of loss, and handle claims involving fidelity bonds, financial institution bonds, mortgage bonds, title bonds, surety bonds, and crime policies.  Our experience includes a wide range of claims involving allegations of employee dishonesty, forgery, counterfeiting, embezzlement, robbery, and lending losses.

Public Entity, Municipality & Educational Institutions

We routinely handle claims involving public entity, municipality and educational institution exposures.  Our experience in this area is broad and varied, from handling highly volatile molestation claims, to wrongful conviction and malicious prosecution matters, to zoning disputes, taxing and revenue disputes, employee benefit and harassment claims, and land use regulation issues.

Policy Drafting & New Product Development

We provide innovative ideas and new product development advice to clients for existing and emerging insurance markets.  We specialize in creating, analyzing, and drafting insurance policies and endorsements and other risk transfer arrangements across the spectrum of professional liability insurance lines.  We work closely with our clients to identify existing and emerging risk exposures, and collaborate with them to draft and market innovative products to their clients.

See our Professional Liability Brochure for more information.