Overview
Jane has been consistently recognized as one of the very best litigators in the nation in the areas of insurance coverage and reinsurance. As Chambers found in its Guide to US Lawyers (2021), Jane is an “outstanding lawyer, intelligent, easy to work with and very smart.” For over a decade, clients have been “effusive in their praise” (Chambers 2019) for Jane, and have described her as “extremely bright, tenacious and strategic” and a “renowned insurance and reinsurance litigator” (Chambers 2017) who is “brilliant at getting results (Chambers 2020) and is as “as good as it gets” in her field (Chambers 2015). Jane has been honored by Benchmark Litigation as one of the top ten insurance litigators in the country, as a National Litigation Star, and as one of the Top 250 Women in Litigation (2015 to 2021). Jane is also a three-time winner of Law360’s MVP award (2013, 2017 and 2018). She was also selected to be a member of the Legal 500 Hall of Fame for Insurance for having been identified by clients and peers as an elite leading lawyer representing insurers for six consecutive years.
Jane M. Byrne focuses her practice on insurance litigation. She advises an array of well-known domestic and international insurers in high-value coverage disputes, reinsurance litigation and arbitration, and transactional disputes.
Results
- Obtained dismissal of all claims for an insurer in a coverage and bad faith action brought under a Professional Liability Insurance Policy by an insurance claims administrator in the United States District Court for the Southern District of California. American Claims Management v. Allied World Assurance Co.
- Lead trial counsel for D&O insurer in a bench trial in State Court in California addressing a question of first impression of critical importance to the D&O industry; namely, the definition of Loss and whether it covers indemnified settlements paid to resolve a shareholder dispute over the price paid per share in for the purchase of a company.
- Representing insurers of water testing company in connection with claims of personal injury and property damage asserted by residents of Flint Michigan resulting from the municipality’s decision to switch its water source to the Flint River.
- Representing provider of travel insurance sued in putative class action claiming violations of various consumer protection laws.
- Representing insurer in action filed against former surety claims handler alleged to have created dummy companies in order to fraudulently bill insurer for services allegedly provided under surety bonds.
- Represented insurer in action commenced by policyholder under a representations and warranties policy seeking indemnity for alleged breaches of warranty.
- Obtained dismissal on summary judgment of bad faith and breach of contract claims for insurer in a case involving a business interruption claim filed as a result of a fire at an oil refinery*
- In a case of first impression in the reinsurance industry, obtained affirmance from the Second Circuit in a declaratory judgment action involving property damage claims suffered as a result of Superstorm Sandy. The cedent sought to compel arbitration under the London Arbitration Clauses, where the certificate also contained a New York arbitration clause. The Second Circuit rejected the cedent’s argument that “UK and Bermuda Insurers Only” should be disregarded under the “Titles Clause” of the Reinsurance Certificate, which provided that the titles of the certificate’s provisions have no meaning.*
- Obtained a 5-0 victory in the New York Court of Appeals in a landmark decision on the “follow the fortunes” doctrine in a case where reinsurers challenged the allocation of a $1 billion settlement of asbestos related liabilities*
- Obtained dismissal for cedent of class actions alleging violations of RESPA’s anti-kick-back provisions arising from the defendants practice of obtaining reinsurance for its mortgage insurance policies from captive insurers affiliated with lending banks.*
- Obtained summary judgment dismissing claims for conspiracy against a reinsurer in a case where plaintiff is challenging a loss portfolio reinsurance structure.*
- Obtained dismissal of class action against insurer alleging coverage for losses arising from the Madoff Ponzi scheme*
- Represented insurers in class actions and individual lawsuits related to defective Chinese-manufactured drywall products, consolidated in a multi-district litigation in the Eastern District of Louisiana*
- Represented an insurance company in coverage litigation arising out of Boston’s infamous “Big Dig” tunnel collapse*
- Represented a bond insurer in a case involving municipal bond insurance policies allegedly procured by fraud in one of the largest municipal bribery schemes in the nation’s history*
- Represented ceding company, taking the case over on appeal and obtaining reversal of a $35 million jury verdict against them in a reinsurance dispute*
- Represented insurance company, obtaining reversal of jury verdict involving business interruption insurance*
*Matter handled prior to joining McDermott
Recognitions
- Chambers USA, Insurance Litigation; Insurer, 2010 to 2022 (Band 1)
- The Legal 500, Hall of Fame for Insurance, 2022
- National Law Journal, Insurance Law Trailblazer, 2021
- The Best Lawyers in America, Insurance Law, 2021
- Benchmark Litigation, Top 250 Women in Litigation, 2015 to 2021
- Benchmark Litigation, Top Ten Insurance Star
- Benchmark Litigation, National Litigation Star
- Law360, MVP, 2013, 2017 and 2018
- Best of the Best Global Expert Guide, Expert in Insurance, 2018
- Best of the Best Global Expert Guide, Top 30 Insurance and Reinsurance Law Practitioners in the World, 2018
- Expert Guide, Women in Business Law Guide, 2015 and 2017
- Benchmark Litigation, Practice Area Attorney of the Year: Insurance, nominee, 2017
- The Legal 500, Recommended Lawyer
- The Legal 500, Leading Lawyer
- Who’s Who Legal, Insurance & Reinsurance
- Euromoney’s America’s Women in Business Law Awards, nominated as one of the leading Insurance & Reinsurance practitioners in the World
- Benchmark Litigation, Local Litigation Star
- Expert Guide, Insurance and Reinsurance Leading Lawyer
- Guide to the World’s Leading Women in Business Law
Community
- AIDA Insurance and Reinsurance Society.
- 10-Defense Research Institute
Credentials
Education
Catholic University Law School, JD, 1988
State University of New York, BA, 1984
Courts/Agencies
US Court of Appeals for the Second Circuit
US Court of Appeals for the Ninth Circuit
US District Court for the Southern District of New York
US District Court for the Eastern District of New York
US District Court for the Eastern District of Michigan
US District Court for the Southern District of California
US District Court for the Northern District of California
US District Court for the District of Wyoming
Admissions
New York
