Jessica Loesing Gallagher

Insurance

Jessica assists life carriers in general and complex litigation involving secondary-market issues including stranger-originated life insurance and non-recourse premium financing, fraud and misrepresentation, policy lapses and disputes, interpleader matters, and bad faith issues. Additionally, she represents insurers with respect to cost-of-insurance issues, including litigation involving rate increases on universal life policies. Jessica also represents carriers in litigation involving disability policies, including coverage and claim disputes, as well as Employee Retirement Income Security Act (ERISA) issues.

Jessica also represents long-term care insurers in litigation arising from claims disputes, bad faith allegations, premium rate increases, and fraud. She also assists insurers and other members of the industry in developing antifraud programs, reinsurance transactions, regulatory and compliance issues, premium rate increases, pre-litigation disputes, and HIPAA and other regulatory and compliance issues.

As a member of the property and casualty team, Jessica also represents P&C insurers in numerous types of first- and third-party claims, business interruption coverage and coverage disputes involving large-scale construction defects, environmental contamination, advertising injuries, sexual abuse, fire and water losses, and bad faith claims. Jessica is a member of the firm’s Business Interruption sub-team, which closely monitors developments related to business interruption coverage claims amidst the COVID-19 outbreak to effectively assist clients in managing and defending such claims.

Structured Settlements

Jessica is also a member of the firm’s structured settlement and annuity team. As a member of this team, Jessica has represented annuity owners and issuers in connection with the transfer of structured settlement payment rights, including opposing such transfers where they fail to comply with applicable federal and state statutes. She has also represented insurers in connection with improper attempts by payees to accelerate payments under annuities, Medicare set-aside account issues, and complex change requests from payees. Jessica co-developed the group’s Overpayment Recovery Program, which assists insurers in recovering funds overpaid on annuities following the death of the measuring life and addressing other problems created by gaps in reporting to the death master file.