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Laura Foggan

Partner | She/Her/Hers
Partner | She/Her/Hers
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VCardLinkedInTwitter/X
VCardLinkedInTwitter/X

Areas of Focus

Overview

When the nation’s leading insurers and insurance trade groups face their most challenging issues, they turn to Crowell & Moring’s Laura Foggan to champion their interests. Laura litigates complex, high-value claims in trial and appellate courts and counsels clients on pivotal, emerging issues. Repeatedly named to Benchmark Litigation’s “Top 250 Women Litigators” list, she is lead trial counsel in several of the most significant insurance coverage matters pending in trial courts today. At the same time, Laura is nationally known for handling high-profile appellate work and strategic counseling on litigation trends and emerging issues. Addressing challenges such as how existing legal schemes adapt to address new technologies, she advises clients on issues relating to the rapid development of technology, including risks and opportunities related to artificial intelligence, autonomous vehicles, and the commercial use of drones, as well as privacy and cyber liability, blockchain, and the Internet of Things.

Laura has the rare distinction of being recognized as both a leading trial lawyer in high-stakes coverage matters and a preeminent appellate practitioner. She is involved in significant trial court litigation, such as Air Lease Corp.ʼs insurance claim seeking to recover more than $1 billion for leased aircraft that remain in Russia following the invasion of Ukraine, and whether coverage exists for suits by state counties and municipalities seeking to transfer hundreds of millions of dollars in lead paint remediation costs to lead paint manufacturers and distributors. Laura has decades of experience handling insurance disputes of all types, including claims handling and bad faith issues. 

Laura has participated in over 300 significant appeals across the country, including numerous seminal cases establishing key insurance law precedents. She is the go-to attorney nationwide for insurer amicus support in important appeals. Her clients include the Complex Insurance Claims Litigation Association, American Property Casualty Insurance Association, and National Association of Mutual Insurance Cos., as well as leading domestic and global insurance companies.

Laura was tapped to serve as the American Insurance Association’s liaison for the American Law Institute’s “Restatement of the Law, Liability Insurance,” further cementing her stature as a key leader of the insurance bar. She is serving as the American Property Casualty Insurance Association’s liaison to the ALI’s “Restatement of the Law Third, Torts: Miscellaneous Provisions” and “Restatement of the Law Third, Torts: Medical Malpractice” projects. A Chambers-ranked Band 1 practitioner consistently recognized as one of “America’s Leading Lawyers for Business” in insurance, Laura also is increasingly looked to as an extremely knowledgeable arbitrator in insurance disputes.

She has widely taught and written on insurance and litigation topics, is an adjunct faculty member at the University of Connecticut Law School’s Insurance Law Center, and currently serves on the Editorial Advisory Board for the Journal of Emerging Issues in Litigation.

Career & Education

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    • University of Pennsylvania, B.A., magna cum laude
    • University of Pennsylvania, M.S. Ed
    • The George Washington University Law School, J.D., with high honors, Order of the Coif
    • University of Pennsylvania, B.A., magna cum laude
    • University of Pennsylvania, M.S. Ed
    • The George Washington University Law School, J.D., with high honors, Order of the Coif

    • District of Columbia
    • Supreme Court of the United States
    • U.S. Court of Appeals for the First Circuit
    • U.S. Court of Appeals for the Second Circuit
    • U.S. Court of Appeals for the Third Circuit
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. Court of Appeals for the Sixth Circuit
    • U.S. Court of Appeals for the Seventh Circuit
    • U.S. Court of Appeals for the Eighth Circuit
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. Court of Appeals for the Tenth Circuit
    • U.S. Court of Appeals for the D.C. Circuit
    • U.S. District Court for the District of Columbia
    • District of Columbia
    • Supreme Court of the United States
    • U.S. Court of Appeals for the First Circuit
    • U.S. Court of Appeals for the Second Circuit
    • U.S. Court of Appeals for the Third Circuit
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. Court of Appeals for the Sixth Circuit
    • U.S. Court of Appeals for the Seventh Circuit
    • U.S. Court of Appeals for the Eighth Circuit
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. Court of Appeals for the Tenth Circuit
    • U.S. Court of Appeals for the D.C. Circuit
    • U.S. District Court for the District of Columbia

  • Professional Activities and Memberships

    • Editorial Advisory Board, Law360 Insurance, 2013 – 2015, 2019, 2021
    • Board of Regents and Founding Member, American College of Coverage Counsel (ACCC)
    • Adjunct Professor, University of Connecticut School of Law, Insurance Law Center, 2017 – Present
    • American Bar Association
      • Co-Chair, 2012 – 2013, Section of Litigation, Sound Advice Committee
      • Past Chair, Section of Litigation, Insurance Coverage Litigation Committee (ICLC)
      • Tort Trial and Insurance Practice Section (TIPS), Appellate Advocacy Committee
    • Center for Public Resources, Distinguished Panel of Neutrals for the Inter-Insurer Program
    • Defense Research Institute (DRI), Appellate Advocacy and Insurance Coverage Committees
    • District of Columbia Bar
      • Co-Chair, 2002 – 2004 and Steering Committee Member, 2002 – 2007, Courts, Lawyers and the Administration of Justice Section
    • Editorial Advisory Board, New Appleman on Insurance Law Library Edition
    • Member, Federation of Defense and Corporate Counsel (FDCC)
    • Women's Bar Association of the District of Columbia (WBA)
      • Founding Co-Chair, Insurance Law Forum, 2008 – 2012

    Coronavirus Weekly Updates

    Insurers' COVID-19 Notepad: What You Need to Know Now

    Professional Activities and Memberships

    • Editorial Advisory Board, Law360 Insurance, 2013 – 2015, 2019, 2021
    • Board of Regents and Founding Member, American College of Coverage Counsel (ACCC)
    • Adjunct Professor, University of Connecticut School of Law, Insurance Law Center, 2017 – Present
    • American Bar Association
      • Co-Chair, 2012 – 2013, Section of Litigation, Sound Advice Committee
      • Past Chair, Section of Litigation, Insurance Coverage Litigation Committee (ICLC)
      • Tort Trial and Insurance Practice Section (TIPS), Appellate Advocacy Committee
    • Center for Public Resources, Distinguished Panel of Neutrals for the Inter-Insurer Program
    • Defense Research Institute (DRI), Appellate Advocacy and Insurance Coverage Committees
    • District of Columbia Bar
      • Co-Chair, 2002 – 2004 and Steering Committee Member, 2002 – 2007, Courts, Lawyers and the Administration of Justice Section
    • Editorial Advisory Board, New Appleman on Insurance Law Library Edition
    • Member, Federation of Defense and Corporate Counsel (FDCC)
    • Women's Bar Association of the District of Columbia (WBA)
      • Founding Co-Chair, Insurance Law Forum, 2008 – 2012

    Coronavirus Weekly Updates

    Insurers' COVID-19 Notepad: What You Need to Know Now

Laura is a terrific advocate and great to work with. She's at the top of her field.

— Chambers 2022

Laura's Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

View All Insights

Representative Matters

  • Counseling insurers and reinsurers on strategic opportunities, litigation trends, and emerging risks such as COVID-19, autonomous vehicles and drones, privacy and cyberliability, global warming (climate change), internet-of-things (IoT), artificial intelligence (AI), and utilization of blockchain or distributed-ledger technology.
  • Serving as national coordinating counsel and lead litigation counsel in a wide range of complex insurance matters, such as coverage disputes involving rescission, additional insureds, allocation, exhaustion, the duty to defend, settlement obligations, policy conditions and exclusions. She represents insurers in significant first and third-party coverage matters, including bad faith and extra-contractual claims.
  • Representing clients in both federal and state appellate courts. She has participated in more than 250 appellate cases including key national precedents on insurance issues. Laura argued before numerous federal circuits and state appellate courts.
  • Representing insurance trade associations in a wide variety of matters affecting the business of insurance, including an extensive amicus curiae practice. She provides technical analysis of insurance issues and analyzes and formulates regulatory and legislative proposals for trade associations and individual clients.
  • Assisting in drafting insurance policy forms and endorsements, offering strategic suggestions and form language to meet product goals and regulatory requirements. Particular focus on cyber privacy and data security exposures, including stand-alone cyber, professional liability, and general liability policies. Drawing on the experience of the firm’s Privacy and Cybersecurity Group, monitor and analyze cyber-related claims and coverage issues.
  • Contributing to pro bono and community service activities.

Laura's Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

View All Insights

Recognition

  • The Best Lawyers in America: Lawyer of the Year, Washington, D.C. Litigation - Insurance 2017, 2020, 2021, 2024; Litigation-Insurance, Insurance Law, 2008-Present; Women in the Law 2016-2019
  • Chambers USA: Band 1, Insurance: Insurer in Washington DC, 2019-Present; Insurance: Dispute Resolution: Insurer in USA – Nationwide; "America's Leading Lawyers for Business" in Insurance, 2002-Present
  • Who’s Who Legal: Insurance and Reinsurance Lawyer of the Year, 2022 
  • Euromoney: Best of the Best Global Expert Guide, top 30 leading practitioner in insurance and reinsurance, 2022-Present
  • Business Today: Top 10 Most Influential Insurance Lawyers in the District of Columbia 2023
  • Euromoney Legal Media Group Americas: "Best in Insurance & Reinsurance," "Women In Business Law Awards," 2021
  • Lexology: Legal Influencer for Financial Services in the U.S.
  • Euromoney: Benchmark Top 250 Women in Litigation, 2015-Present
  • Super Lawyers: DC's "Top 100 Lawyers," 2012-Present; Top 10 Lawyers, 2015; Top 50 Women Lawyers, 2009, 2011-Present; Super Lawyers for Insurance Coverage, 2008-Present
  • Who's Who Legal: Global Elite Thought Leader for Insurance & Reinsurance, 2019, 2021, 2023-Present; Thought Leader for Insurance & Reinsurance, 2018-Present
  • Insurance Business America: Elite Women, 2021
  • ALM: Women Leaders in the Law, 2021
  • The American Registry: America's Leading Lawyers for Business Nationwide, 2020
  • Washingtonian: Washington's Best Lawyers, 2011.
  • Business Insurance: Women to Watch, 2011; 100 Leading Women in Insurance, 2000 
  • Law360: 10 Most Admired Insurance Attorneys. 2010
  • The International Who's Who: Insurance & Reinsurance Lawyers, 2010-Present
  • Legal Media Group Insurance and Reinsurance Expert Guide, 2006-2022; Women in Business Law Expert Guide for Insurance and Reinsurance, 2010, 2012-2022
  • The Legal 500 US: Recommended lawyer in Insurance Law, 2012-2013, 2015-2016
  • Lawdragon: 500 Leading Lawyers in America, 2010-2014; "3000 Leading Lawyers in America," 2006-2007
  • Martindale-Hubbell: AV Peer Review Rating, highest ranking by peers for general ethical standards and legal ability

Laura's Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

View All Insights

Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Firm News | 2 min read | 09.17.24

LITIGATION NOTE: Eighth Circuit Adopts Crowell’s Arguments in Important LGBTQ+ Rights Litigation

Firm News | 8 min read | 08.15.24

The Best Lawyers in America 2025 Recognizes 42 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year

Firm News | 2 min read | 08.14.24

Crowell & Moring’s Laura Foggan Named to Benchmark Litigation’s 2024 “Top 250 Women in Litigation” List
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View All Insights

Practices

Industries

Laura's Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

View All Insights