WTO lawyers have extensive experience representing national commercial insurers and their insureds at both the trial and appellate levels in a variety of matters. Our insurance practice focuses on high-exposure litigation, including class actions, wrongful death and serious injury cases, and big-ticket matters, for America's largest insurance carriers. 

We have tried and arbitrated claims for the insurance industry involving disputes related to bad faith/reverse bad faith, directors' and officers' liability, contracts, environmental tort claims, estoppel, high-net-worth individuals, insurance coverage, investments, personal injury protection, premises liability, product liability, and professional liability.

In 2013, USAA selected WTO as one of the company's two national counsel in the United States. WTO oversees the defense of all of USAA's automobile insurance cases in the country involving personal injury protection and medical payments coverage.

We are regional trial and appellate counsel to Allstate. In 2013 we won complete defense verdicts for Allstate in back-to-back bad faith claims in Colorado, a notorious jurisdiction for insurers based on the state's plaintiff-friendly statutes.

The firm has a cross-disciplinary team of lawyers with personal injury, medical malpractice, product liability, and insurance defense experience that handles concussion and traumatic brain injury cases for an insurer of collegiate athletic programs and professional sports leagues across the country.

Our commercial insurance clients also include ACE, AIG, Amica, Berkshire Hathaway Homestate, CNA, Great-West Life, GuideOne, The Hartford, ING, Lloyds of London, Medical Protective, MedStar, MetLife, Nationwide, OneBeacon, Shand Morahan, Swiss Re, Titan, Travelers, Universal Health Services, and Westport. 

We have successfully defended several insurers in numerous appeals in state and federal courts. Before joining the firm, over 70 percent of WTO associates served a federal judicial or state appellate clerkship. As a result, they are steeped in the substance and procedures of appellate writing.

Class Actions
Since 2000, we have successfully handled seven purported class actions for Allstate alone. These, along with class actions we have handled for other insurance companies, have covered a variety of matters, including:

  • customer service and quality service pledge programs; 
  • automobile insurance coverage; 
  • premium pricing; 
  • coordination of benefits; 
  • payment to healthcare providers for treatment of workers' compensation patients; 
  • pricing of uninsured motorist benefits; 
  • non-payment of PIP benefits under the Colorado Automobile No-Fault statute; and 
  • expense charges under life insurance policies.

In a class action case closely monitored by the insurance industry and followed by the media in 2004, we won an order denying class certification. This case, which concerned extended PIP benefits, saved the insurance industry potentially over $100 million.