Areas of Practice
McCullough P.C. attorneys possess specialized knowledge in a broad range of subjects impacting the insurance industry. Our work on behalf of our domestic and international insurance clients enables us to assist our clients in determining the best course of action for their business objectives.
McCullough P.C. is 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. McCullough P.C. currently acts as monitoring and coverage counsel for the foreign and domestic insurers of several major 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.
McCullough P.C. has a long history of representing the insurers of employee benefits and pension administrators. In this regard, McCullough P.C. lawyers have managed sizable liability insurance programs, serving as monitoring counsel for claims arising across the country. McCullough P.C. uses proprietary claims-handling software to track information and provides claim data to the insurers in formats that interface easily with their computer systems.
McCullough P.C.’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, McCullough P.C. 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 McCullough P.C., which works closely with the insureds and their lawyers and experts on trial strategy. McCullough P.C. also actively participates in the mediations where most of these large claims are resolved.
McCullough P.C. 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, such litigation is typically complex. This has presented McCullough P.C. with the opportunity to demonstrate its capacity to deal with the problems arising from the most sophisticated legal practices. The breadth of McCullough P.C.’s experience in this area 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 and resolution of coverage disputes.
McCullough P.C. attorneys represent insurers in connection with first party claims for cyber breach response costs, system damage, business interruption, cyber crime, phishing scams and ransomware attacks. We also act as coverage/monitoring counsel for third party cyber claims arising from malware and hacking attacks, identity theft, online fraud, data security problems, privacy breaches, government regulatory actions, funds transfer losses, cyber extortion, and related exposures.
The services that McCullough P.C. 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.
McCullough P.C. acts as coverage and claim monitoring counsel for various healthcare regulatory liability policies, which provide coverage for various state and federal reimbursement actions, fraud and abuse matters, HIPAA investigations, and medical disciplinary board matters. Our attorneys have also drafted healthcare regulatory policy wordings and cyber wordings tailored to meet the needs of the healthcare industry.
McCullough P.C. also performs pre-underwriting reviews of medical professional programs on behalf of the firm’s insurance clients. These include hospital- or university-based captive insurance companies and self-insurance trusts, as well as risk retention groups, physician mutual insurance companies and other organizations.
McCullough P.C. and its predecessor entity, McCullough, Campbell & Lane LLP, have dealt with the professional liability claims of one of the world’s largest insurance brokers for more than thirty years. McCullough P.C. 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, McCullough P.C. has as broad an experience in coverage issues as any law firm.
In an era in which litigation often seems out of control, McCullough P.C. is dedicated to focusing its attention on the fulfillment of its clients’ insurance coverage litigation objectives. Coverage 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 P.C. attorneys act as coverage and claims monitoring counsel for pharmaceutical, medical device and dietary supplement insurers. We have also drafted primary and excess wordings for life science insurers.
McCullough P.C. provides assistance to its insurer clients with respect to coverage and claim handling issues that are unique to website and social media outlets, as well as more traditional advertising and branding channels. We represent insurers in disputes ranging from multinational producers of well-known consumer goods, to boutique providers operating in highly-specialized industry segments. This area of the firm’s practice encompasses a wide variety of disputes, which include but are not limited to claims concerning software and application design, information technology infrastructure issues, cloud computing services, commercial disagreements, intellectual property rights, website and social media outlets, and more traditional advertising and branding channels.