Wheeler Trigg O’Donnell (WTO) lawyers have extensive experience representing national commercial insurers and their insureds in diverse matters at trial and on appeal. Our insurance practice focuses on high-exposure litigation, including class actions, wrongful death and serious injury cases, and matters of first impression for America's largest insurance carriers.
We have successfully tried and arbitrated claims 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.
Trials & Appeals
WTO lawyers represent insurers such as USAA and Allstate as national and regional trial counsel, respectively. In fact, WTO handles a number of USAA’s Med Pay and PIP trials and class actions nationwide. The firm has successfully represented Allstate in bad faith matters in federal court and, in separate matters, before the Colorado Supreme Court.
Other insurance clients include ACE, AIG, Amica, Berkshire Hathaway Homestate, CNA, Great-West Life, Farmers, GuideOne, ING, Lloyds of London, Medical Protective, MedStar, MetLife, Nationwide, OneBeacon, Shand Morahan, Swiss Re, Titan, Travelers, Universal Health Services, and Westport.
Our lawyers have successfully defended insurance company clients in numerous state and federal appellate courts, including multiple victories before the Colorado Supreme Court. 74% of WTO associates have served a federal judicial or state appellate clerkship prior to joining the firm. As a result, even at the most junior levels, our attorneys are steeped in the substance and procedures of appellate writing.
Complex litigation for major insurers often involves the overlap of various niche areas. Our insurance practice includes a multidisciplinary team of lawyers with personal injury, medical malpractice, product liability, and insurance coverage experience. As an example, WTO represents a major national excess insurance provider in concussion and traumatic brain injury federal class action litigation involving the National Hockey League, the National Collegiate Athletic Association, and the United States Soccer Federation.
WTO is home to one of the premier class action defense practices in the nation. Six WTO partners have tried seven certified class action trials to juries, obtaining defense verdicts and favorable mid-trial settlements. Insurers such as Allstate, AXIS, Farmers, and USAA rely on WTO for the defense of class action litigation and trials.
WTO has defended insurers in a range of class action matters, including:
- concussion and traumatic brain injury;
- customer service and quality service pledge programs;
- automobile insurance coverage;
- homeowners’ insurance coverage;
- premium pricing;
- coordination of benefits;
- payment to healthcare providers for treatment of 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 these and other matters, WTO lawyers have defeated certification and obtained dismissal dozens of times.