Sergio F. Oehninger

Sergio’s advice focuses on risks such as cyber and data breaches; commercial general liability (CGL); products and environmental risks; directors and officers (D&O) liability; property and casualty; business interruption; supply chain disruptions; war, nationalization, and political risks; trade credit exposures; aviation and marine hull and cargo risks; excess, umbrella, and integrated risks; specialized insured and reinsured risks under occurrence based or claims-made policies, including pooled risks managed by managing general agents or underwriters; and surety bond risks.

As part of his Latin America practice, Sergio advises corporate clients on cross-border exposures and risk transfer in connection with transactions, supply chain logistics, projects, operations, products, and services. He serves as co-chair of the Juncadella Corporate Counsel Group (JCCG), an informal organization of more than 300 South Florida–based in-house counsel who primarily advise companies with business interests in Latin America and the Caribbean.

Sergio’s litigation, arbitration, and counseling experience includes insurance coverage and bad-faith matters involving billions of dollars in cumulative losses or exposures. He has handled matters before federal and state courts throughout the United States and alternative dispute resolution tribunals, including the American Arbitration Association (AAA), the AIDA Reinsurance and Insurance Arbitration Society (ARIAS-US), and the Society of Maritime Arbitrators.

A strong advocate of public service, Sergio has served on the boards of several nonprofits. His pro bono work includes advice to a 501(c)(3) charity dedicated to combating gang violence and raising funds benefitting children living in poverty, appellate work on behalf a nonprofit that advocates for immigrant survivors of violence, and insurance coverage advice and litigation for a not-for-profit entity that was the target of a social engineering and funds transfer fraud scheme involving millions in stolen funds.

Advice and Counseling

Financial Services

• Global investment group on coverage and other rights under complex Cayman Islands captive agreement in connection with acquisition of manufacturing company
• European bank on successor liability and assignment of insurance rights under D&O and CGL policies in connection with mergers and acquisitions (M&A)
• Financial services institutions on rights and claims under financial guarantees, surety bonds, letters of credit, and indemnity agreements
• Global financial guarantee reinsurer in connection with analysis of obligations under reinsurance agreements
• Multilateral investment bank on borrower’s compliance with property and casualty insurance requirements in loan documents
• Policyholder concerning insurer’s defense obligations under legal professional errors and omissions insurance policy
• Multilateral lending institution on key-man insurance issues in connection with loans to Latin American companies
• Financial institution in claims under payment and performance bonds issued in connection with construction projects
• Joint venture participant on coverage under D&O and professional liability policies for claims of aiding and abetting breach of fiduciary duty, defamation, and other claims
• Multinational bank on insurance coverage issues in connection with corporate transaction
• Coordinated legal advice to global private equity fund and portfolio companies in the areas of real estate, construction, employment, and insurance
• US-based cedent on reinsurance recoveries from Brazilian reinsurer and related commutation negotiations
• Reinsurer on coverage under professional liability policy for claims of bad faith denial of coverage and refusal to approve policy limits settlement
• Ceding company in dispute with reinsurer regarding payment of balances and securities for reserves under applicable reinsurance treaties and facultative certificates
• Financial services policyholders on insurance coverage issues

Retail

• Retailers nationwide on business interruption and other coverages for COVID-19-related losses
• Corporate client with operations in Latin America on ordinance or law coverage under first-party property policy
• Professional soccer team on insurance and indemnification issues
• Brazilian professional services corporation on insurance coverage procurement and placement for operations in the United States
• Fortune 100 company in negotiating additional insured and insured contract (exception to contractual liability exclusion) coverages with primary and excess liability insurers as part of global insurance program renewal
• Multinational corporation on indemnity and additional insured requirements in master sales and service agreements with vendors, contractors, service providers, and other business partners
• Policyholder on recoveries of amounts reserved to, and paid out of, large self-insured retentions (SIRs) from business partners’ insurance through additional insured and insured contract coverages
• Shareholder of joint venture in acquisition of majority owner’s shares of international retailer with operations in Latin America on representations and warranty insurance as well as successor liability, general liability, D&O liability, and cyber-insurance issues
• Multinational consumer goods manufacturer on insurance coverage for environmental class actions brought in the United Kingdom, United States, and US territories
• European biotechnology and pharmaceutical company on cross-border insurance issues in connection with commercialization of new drug in the US market and insurance coverage for clinical trial claims
• Spanish-based commercial vehicle technology company on cross-border insurance coverage for its US subsidiary
• International commodities traders on coverage claims under marine cargo insurance
• Global technology company on complex global insurance program composed of D&O, CGL, errors and omissions (E&O), cyber, aircraft, employment practices liability (EPL), fiduciary liability, crime, kidnap and ransom, travel, commercial auto, workers compensation, excess, and umbrella insurance coverages
• Insurance due diligence in connection with global government contractor’s various acquisitions and advised on representations and warranties insurance
• International professional services firm and service providers in connection with insurance and indemnification provisions for contracts with US government efforts at the US-Mexico border
• International maritime travel company on coverage claim for injuries to customers under Mexican insurance policy issued to business partner
• Manufacturer on coverage for class actions alleging property damage from products and facility emissions
• Global manufacturer on “personal and advertising injury” coverage for claims by competitor alleging disparagement of goods
• Global retailer on recovery of insurance proceeds as additional insured for wrongful death and product liability claims
• Government contractor on coverage under cyberrisk and liability policies for claims arising out of event on federal property
• International subsea cable company on insurance coverage for unique subsea cable risks
• Global retailer concerning recovery of insurance proceeds for class action covered under fiduciary liability policy
• Internal investigation of allegations in employment dispute by conducting confidential interviews of Spanish-speaking employee witnesses
• Global retailer on protections afforded to communications with insurer under common interest doctrine

Energy

• Insurance and indemnification provisions in commercial agreements for clients in energy (including electric utilities, oil and gas, and other power companies), technology, marine transportation, real estate, construction financial services, and retail industries
• Global infrastructure, environmental, and renewable energy services company based in Spain on formulation of risk management, compliance, and insurance coverage strategies for large-scale projects in North America
• Creditors’ committee of global energy company concerning coverage under D&O insurance policy issued to debtor and European parent company arising out of operations in Asia
• Major electric utility regarding insurance coverage under claims-made-and-reported and legacy occurrence-based policies for class actions asserting environmental claims, including coal-ash plant cleanup claims
• Oil and gas exploration and production company on rights under surety bonds
• National trade association on coverage under employment practices liability policy and negotiated defense and indemnity coverage
• Multinational oil and gas company on indemnity, insurance, and waiver of subrogation contract wording in connection with joint venture agreement
• In connection with privatization of electric utility in partnership with international financing entity, advised client on cross-border insurance and reinsurance for demand guarantees resulting from breach of transaction agreement
• Analyzed risks of doing business in Latin America, including regulatory uncertainty and resulting investigations, political risks, successor liability, and validity of assignment of insurance rights in M&A transactions; developed risk management strategies

Real Estate, Construction, and Hospitality

• Real estate developer on coverage for property damage and business income loss resulting from explosion during construction
• Large bank on insurance coverage issues in connection with NFL stadium construction project
• Project owners on claims and rights under performance and payment surety bonds
• Real estate advertising firm on claims for coverage for copyright infringement claims
• Interstate compact entity concerning indemnity issues under its bylaws
• Executive of multibillion-dollar REIT on indemnification and D&O insurance coverage
• Project owner/obligee in claims under payment and performance bonds issued in connection with construction projects and related contractor bankruptcy
• Product manufacturer on insurance coverage for high-stakes claims that alleged defect in product caused severe damages and business interruption to prominent hotels and condominiums throughout the United States
• Major hotel on insurance coverage for damages and business interruption losses suffered as a result of defective construction by tenant and its contractors
• South American real estate holdings company on authentication of foreign public documents pursuant to The Hague (Apostille) Convention for use in transaction with affiliate of US-based apparel company
• Bank on insurance coverage under policies issued to it and the developer and general contractor of large construction project in response to multimillion-dollar construction-related claims

Arbitration/Litigation

Financial Services

• Aircraft financing and leasing companies on aviation hull all-risk and war insurance coverage for loss of or damage to aircraft
• Part of team that preserved client’s victory in multimillion insurance coverage dispute affirmed by Fifth Circuit Court of Appeals and for which certiorari was denied by Supreme Court of the United States
• Bank and its executives over coverage under D&O insurance policy for claims alleging breach of fiduciary duty and other claims
• Pool member against managing general agent in arbitration involving reinsurance recoveries and commutations under program composed of 800 reinsurers on six continents
• Multimillion-dollar arbitration in New York concerning global insurance and reinsurance pool manager’s breach of contractual and fiduciary obligations and failure to properly manage portfolio of risks, set loss reserves, and comply with applicable accounting principles
• Arbitrated and litigated multimillion-dollar claims for breach of contract and fiduciary duties relating to management of long-tail environmental, mass tort, and asbestos claims under marine and casualty occurrence-based umbrella and high excess liability risks for Fortune 500 policyholders, as well as reinsurance collections and commutations
• Financial guaranty insurer in case against federal savings bank under FDIC receivership arising out of disallowance of proof of claim for breach of indemnity contract in connection with securitization of home equity mortgage loan asset-backed notes and mortgage pass-through certificates
• Global investor in international arbitration alleging Argentina’s breach of bilateral investment treaty with US and analyzed contracts and court opinions written in Spanish

Retail

• Manufacturers, distributors, and retailers on commercial general and excess liability coverage for bet-the-company environmental and product liability claims
• Corporate policyholders in insurance coverage disputes and litigation concerning additional insured and insured contract coverages for catastrophic bodily injury and property damage claims arising out of products, services, and operations
• Litigated billion-dollar dispute under professional liability/E&O policy arising from allegations of insurer bad faith failure to settle class action brought under Telephone Consumer Protection Act
• Litigated claims against Lloyds of London entities for coverage under event cancellation insurance policy for multimillion dollar business income losses associated with US government shutdown
• Litigated multimillion dollar claims by multinational chemical company for declaratory relief, breach of contract and bad faith regarding defense and indemnity insurance coverage for environmental class action and dozens of suits alleging bodily injury from exposure to contaminated air and groundwater.
• Litigated insurance coverage and bad faith claims on behalf of government contractor whose D&O insurance company denied coverage for False Claims Act claims covered under the policy
• Confirmed commercial arbitration award in New York state court in multimillion dollar dispute between insurers and pool manager
• Litigated coverage dispute over multimillion-dollar business interruption loss arising out of terrorist attack on World Trade Center
• Represented multinational corporation against mass toxic torts putative class action by citizens of Ecuador in US federal court

Energy

• Electric power company concerning coverage for alleged coal ash claims and liabilities
• Represented major electric utility in litigation seeking insurance coverage under general liability policies for individual and putative class action asserting environmental and asbestos claims
• Litigated claims of chemicals manufacturer for insurance coverage for bodily injury claims arising out of asbestos exposure and for remediation of industrial sites
• Litigated and arbitrated bet-the-company claims between government contractors involving allegations of trade secret theft, civil conspiracy, corporate raiding, tortious interference with Department of Defense contracts governed by FARs and DFARs, and other business torts

Real Estate, Construction, and Hospitality

• Represented policyholder in multimillion-dollar dispute concerning additional insured coverage for claims arising out of major construction site accident
• Litigated and appraised multimillion-dollar first-party insurance dispute arising from fire damage concerning property and extra expense coverage and bad faith
• Litigated multimillion-dollar dispute involving claims of fraud in sale of real estate securities and negligence in design and construction of luxury residential property in New York City
• Litigated declaratory judgment action against commercial general liability insurer concerning coverage for copyright infringement claims against real estate advertising firm
• Tried and obtained favorable jury verdict in case involving claims of negligence and gross misconduct
• Prepared or argued hundreds of dispositive, discovery, in limine, or other motions in disputes before state and federal courts or arbitration tribunals; conducted dozens of fact and expert depositions, including of directors and officers of publicly and privately held companies