Laura Foggan
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.
Career & Education
- 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
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
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.
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
Firm News | 2 min read | 08.14.24
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.
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
Firm News | 2 min read | 08.14.24
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.
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
Firm News | 2 min read | 08.14.24
Insights
SEC Enforcement Risk: Mitigation for Companies and Chief Information Security Officers
|05.14.24
Privacy and Cybersecurity Outlook: The 2024 Landscape
- |
02.08.23
Corporate Compliance Insights
SEC Climate Rules: Increasing D&O Risk May Accompany Enhanced Disclosures
|05.01.22
The Brief Case: DRI Committee News, Volume 1 Issue 3
- |
11.03.20
American Bar Association Tort Trial and Insurance Practice Section's The Brief, Vol. 50, No. 1
Insurance – AI and Insurance: What’s in That Black Box?
|02.26.20
Crowell & Moring's Regulatory Forecast 2020
- |
12.18.19
Judicial Excellence, Vol. 4 Issue 2
"2023 Coverage Year in Review," Environmental and Emerging Claim Managers’ Association 2024 Conference, Savannah, GA.
|04.04.24
"You’ve Got a Friend (of the Court) in Me," 2024 ABA Insurance Coverage Litigation Committee CLE Seminar, Tucson, AZ
|03.08.24
Risk Management and Insurance for AI Systems: Handling HAL's Hiccups, Webinar
|02.24.24
Speaker at the 2023 Insurance Law Symposium, "The Sky Did Not Fall-- But The Jury Is Still Out.... The Influence of the Restatements in the Courts and State Legislatures"
|10.20.23
Speaker at PLI, Property and Casualty Insurance Law 2023
|10.10.23
Speaker at APCIA National General Counsel Conference, “Emerging Torts, Medical Monitoring, and ALI Restatement of Torts”
|10.03.23
State High Court Rules Against COVID-19 Related Business Interruption Claim
|08.09.24
Daily Journal (subscription required)
Supreme Court Ruling In Asbestos Case May Draw Out Bankruptcy Settlements
|07.08.24
Business Insurance
Judge Dismisses CEQA Lawsuit, Clears Way For Proposed Reservoir Near Sacramento
|06.06.24
Daily Journal (subscription required)
“Browsing and Location Data Are Sensitive . . .. Full Stop”
|03.12.24
Crowell & Moring’s Data Law Insights
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.
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
Firm News | 2 min read | 08.14.24