Areas of Practice
Our attorneys possess specialized knowledge in a broad range of specific subjects that cut across several practice areas. These include professional liability, directors and officers liability, products liability, aviation, trucking and transportation, and health care. Within these subject areas, we can, for example, defend claims, counsel insurers, draft policies and contracts, set up corporations, or litigate coverage disputes. We believe this strengthens our capacity to assist our clients in achieving their business objectives.
From its inception, the firm’s principal area of practice has been in the area of insurance law. We have represented insurance leaders from all segments of the market, including Lloyd’s, London companies, European insurers and reinsurers, and major United States insurance organizations.
Our attorneys frequently act as counsel for insurance and reinsurance programs aimed at specific markets. In this role, we can help with the design of a product, conduct pre-underwriting reviews that assist in the selection of risks, and exercise general oversight of claims. We audit portfolios of claims to set reserves and to evaluate the erosion of aggregates. In addition, we represent insurance clients in the resolution of coverage disputes, whether between insurer and insured or among multiple carriers.
Because our experience includes cases spanning the United States, and also addressing coverage disputes under foreign law, we believe that we have a competence to serve as monitoring counsel and to handle coverage counseling and litigation regardless of venue.
In particular, McCullough, Campbell & Lane LLP enjoys an extensive practice in the area of professional liability. The firm’s practice is principally focused on matters involving the professional liability of accountants, attorneys, insurance brokers, architects and engineers, and employee benefits administrators.
Accountants and Auditors Professional Liability
Since its founding, MC&L has been one of the few firms in the United States to have the privilege of serving as monitoring counsel to the insurance industry with respect to the professional liability claims that have been asserted against the world’s largest international accounting firms. MC&L currently acts as monitoring and coverage counsel for the foreign and domestic insurers of several major secondary accounting firms headquartered throughout the country. Given the breadth and depth of our accountants’ E&O practice, we also serve as a helpful resource to insured accounting firms, which seek out our recommendations for effective experts, experienced defense counsel, and discerning mediators and arbitrators.
Insurance Brokers Professional Liability
The firm has dealt with the professional liability claims of one of the world’s largest insurance brokers for more than thirty years. MC&L monitors the brokerage firm’s litigation on behalf of its captive, as well as on behalf of a most extensive excess commercial insurance market, for claims pending in all of the world’s major jurisdictions. Because the range of coverage claims that the broker has faced is remarkably diverse, MC&L has as broad an experience in coverage issues as any law firm.
Attorneys Professional Indemnity
MC&L attorneys have provided counsel to insurers of some of America’s most significant law firms located across the country. Because of the large sums involved in claims against attorneys and law firms, including securities and RICO claims against accounting firms, such litigation is typically complex. This has presented MC&L with the opportunity to demonstrate its capacity to deal with the problems arising from the most sophisticated legal practices. he breadth of MCL’s experience in this are enables the firm to provide its clients with a full range of services, including the evaluation and monitoring of claims, interpretation of insurance coverage documents, as well as the litigation of coverage disputes.
Medical Professional Liability
From its inception, MC&L has had a significant medical professional liability (“MPL”) practice because it was one of the principal firms representing the then-dominant provider of excess insurance to US. hospitals. Over the years, lawyers in the MPL practice group have reviewed more than 200 medical professional programs on behalf of the firm’s insurance clients. These have been mostly hospital- or university-based captive insurance companies and self-insurance trusts, but have also included risk retention groups, physician mutual insurance companies and other organizations. Some of these institutions were visited only once as part of a pre-underwriting review; others the firm continues to audit annually, some of them since the late 1980’s. In addition to our work for excess insurers and reinsurers, we are sometimes retained by domestic insurers to audit their claim files.
Our clients are especially interested in insuring academic medical centers. As a result, the firm visits large teaching hospitals all over the country every year, and thoroughly understands the substance of medical practices and the problems of managing claims at these institutions. As an illustration of this point, US. News & World Report is well known for its “Honor Roll” of the best US. hospitals. For many years we have served as monitoring counsel and audited claims for the excess carriers at six of the nineteen hospitals on the current list. Five others are either new assignments for MC&L or hospitals at which we served a similar role in the past.
Architects and Engineers Professional Liability
MC&L’s specialists in architects and engineers liability have extensive experience. Their representation of A&E carriers has included drafting form policies, preparing policies for general practice and specific projects, managing liability insurance programs, representing insurers in declaratory judgment actions and defending insured architects and engineers. The firm employs proprietary claims-handling software to track information and provides claim data to the insurers in formats that interface easily with their computer systems.
For over 20 years, MC&L lawyers have represented various domestic and international insurers that provide A&E policies to large engineering firms. The reserves at issue in these coverages are in the multiple billions of dollars. The insureds have been instrumental in carrying out large civil engineering projects like roads, bridges, airports, pipelines, power plants, water treatment plants and a wide variety of other structures. Claims are reported to MC&L, which works closely with the insureds and their lawyers and experts on trial strategy. MC&L also actively participates in the mediations where most of these large claims are resolved.
Employee Benefits Administrators Professional Liability
MC&L’s has a long history of representing the insurers of employee benefits and pension administrators. In this regard, MC&L lawyers have managed sizable liability insurance programs, serving as monitoring counsel for claims arising across the country. MC&L uses proprietary claims-handling software to track information and provides claim data to the insurers in formats that interface easily with their computer systems.
Directors and Officers Liability
McCullough, Campbell & Lane LLP has extensive experience in the area of directors and officers liability cases. The firm’s has a long history of representing insurers, in matters ranging from those involving small not-for-profit corporations to complex securities litigation. In particular, the firm has extensive experience in financial institution and hospital directors and officers liability cases. This background provides the firm with the capability to handle any type of directors and officers liability claim or to manage claims for an entire directors and officers liability insurance program.
The services that McCullough, Campbell & Lane LLP provides in the directors and officers liability area include policy drafting and the evaluation of the merits of claims against directors and officers. The firm also analyzes coverage under directors and officers liability policies and, if necessary, represents its clients in coverage litigation.
In an era in which litigation often seems out of control, McCullough, Campbell & Lane LLP is dedicated to focusing its attention on the fulfillment of its client’s litigation objectives. Litigation presents a series of decisions – whether to initiate litigation defensively, what should be the scope of discovery, whether and when to propose settlement – in which lawyer and client must weigh both the risks and costs of their plan of action. It is our goal to ensure that these decisions are made with active attention to the client’s interests, never reactively allowing litigation to take on a life of its own.
McCullough, Campbell & Lane LLP’s litigation practice is international in scope and includes a broad range of subject areas. The firm concentrates its commercial litigation practice in such areas as employment discrimination, defamation, construction, employee benefits, trade secrets, intellectual property, consumer credit reporting, corporate control (including not-for-profit), and securities fraud.
In insurance defense litigation, the firm concentrates on aviation, trucking and transportation, products liability, professional liability, and casualty cases.
MC&L’s aviation attorneys represent major air carriers, aviation aircraft manufacturers, and an international gas turbine engine manufacturer for both civil and military aircraft and industrial application. The firm also has an active practice defending trucking companies and their drivers. The firm’s practice includes advising these clients and their insurers prior to litigation, as well as representing them in courts across the nation at trial and on appeal.
MC&L is frequently involved in insurance coverage litigation, particularly with respect to its professional indemnity insurer clients. MC&L also enjoys a long history of acting as defense counsel for professionals in insurance-related errors and omissions claims. The firm’s experience in these areas is considerable.
McCullough, Campbell & Lane LLP attorneys are experienced practitioners before state and federal trial and appellate courts and before state and federal administrative agencies such as the Internal Revenue Service, the United States Equal Employment Opportunity Commission, and the Illinois Human Rights Commission.
The firm is particularly experienced in the area of alternative dispute resolution, including various forms of voluntary and mandatory arbitration and mediation. MC&L attorneys have arbitrated many significant commercial disputes with great success, and have served on arbitration panels.
McCullough, Campbell & Lane LLP ‘s business counseling practice focuses on serving as general and special counsel to address the legal needs of small, medium, and large corporations. The firm advises its clients by planning, negotiating and drafting documentation in connection with real estate transactions, estate planning and trust creation, and other general business planning and transactions.
In addition, the firm’s corporate practice draws upon the firm’s extensive insurance experience in advising clients with respect to insurance coverage issues as such issues relate to corporate law, statutory requirements, articles of incorporation, and by-laws.
In the context of corporate disputes, the firm’s attorneys work with the client to evaluate and plan cost-effective dispute resolution consistent with the client’s business relationships, whether through mediation, arbitration, or litigation.