Maryland attorney Alex Brown is a commercial insurance litigator who focuses his practice on insurance issues. He represents insurance companies, insurance agents and non-insurance businesses that have insurance-related issues.
Brown’s main focus is facilitating useful, cost-effective solutions for all of his clients. He sees himself first and foremost as a problem solver. His father, a very successful businessman, enabled Alex to see first-hand the valuable role a good commercial attorney can play in facilitating profitable business deals and avoiding costly and distracting litigation.
Alex Brown enjoys the challenge of applying his legal skills to contribute to the success of both insurance and non-insurance-related businesses. He developed his insurance background as an Assistant Attorney General and Senior Counsel to the Maryland Insurance Administration. These skills position him to assist insurance-related businesses with the many challenges of this highly regulated field.
Because insurance is ubiquitous and a necessity for any reasonable business, Brown’s clients now come from all aspects of the business world. He truly enjoys the opportunity to represent and learn about all types of businesses through the insurance lens.
Alex frequently has the opportunity to unite his comfort with the insurance world with the opportunity to dig into an entirely new line of business that is experiencing an insurance problem or dispute.
We interviewed Alex recently to get his views on what commercial litigators do and the types of cases he handles.
1. What does a commercial insurance litigator do?
A commercial insurance litigator represents both insurance and non-insurance-related businesses in civil lawsuits relating to disputes over the coverage provided, or not provided, by business insurance policies.
In my view, commercial insurance litigators also represent insurance professionals in pursuing or defending more common matters, such as breach of contract, negligence or other tort claims. Commercial insurance litigators are also typically well-suited to handle indemnification claims and defenses.
2. Can you tell us about the most common types of cases you handle?
There is not one “most common” type of case I handle in my diverse insurance practice. I represent insurers, insurance agents, and other insurance professionals in licensing and regulatory investigations and litigation brought by insurance regulators. I also assist clients in litigating disputes concerning large or complex insurance claims. The third main category of cases I handle are more common breach of contract or tort cases involving an insurer or insurance professional, or otherwise presenting an insurance aspect to the case.
I obtained a $7 million jury verdict in a complicated insurance subrogation matter related to a huge fire that had caused considerable destruction to a multi-story apartment building. I also secured summary judgment on behalf of a licensed insurance business in a lawsuit for business torts and breach of contract. What’s more, I obtained a six-figure judgment on counterclaims.
I served as lead counsel in a jury trial against a big financial-services provider, among others. This case was based on negligence, claims of breach of contract, conversion of client funds and negligent supervision. In addition, I obtained a jury verdict of $1.4 million, and punitive damages of $300,000.
3. What’s the most rewarding case you’ve worked on and why?
The most rewarding cases I work on are cases in which I am protecting a business’ ability to do business, to execute its strategy, and to continue to service its clients.
I truly enjoy obtaining coverage for businesses that are entitled to it and protecting insurers from frivolous claims. I also enjoy facilitating solutions for businesses that are in dire straits, such as protecting an insurance professional’s business or the professional’s license to conduct insurance business.
In one instance, a business client was sued for $40 million based on the entity’s alleged negligence in performing its duties. The alleged damages exceeded the entity’s applicable insurance coverage. I was able to position the case to settle not only well within policy limits, but for a fraction of expected legal fees to defend the case. It was rewarding to protect the business from the potential of being wiped out completely.
4. What’s a habit or quality of yours that makes you a more effective attorney?
I believe I am a very good listener. It is critical to really understand your clients’ views, the views of your opponent, and the views of the judge or decision-maker before you speak. No attorney ever wins by answering the wrong question.
5. What’s a trend in the insurance law field that really excites you?
Cyber insurance coverage is a growing line of insurance, and will only continue to grow by leaps and bounds going forward. It seems as if there is a new cyberattack in the news every day. This relatively new line of coverage protects businesses from internet attacks by hackers. These hackers typically hold a business’s information and data for ransom or otherwise cause harm or damage to the business’s computer system, which can only be undone if the business pays the hackers.
The coverages vary, but many provide the business with assistance in resolving or mitigating the damage from the attack, negotiating with the hackers, and paying the hackers, if that is determined to be the best option.
To reduce claim payouts, cyber insurers are becoming increasingly — and appropriately — aggressive about proactively helping businesses protect themselves from attacks before they occur. Some cyber insurers even test their policyholders’ defenses by attempting penetration of the business’s computer system and then provide the business guidance as to its vulnerabilities.
