Sergio F. Oehninger represents companies in complex insurance coverage disputes nationally and internationally. Sergio counsels multinational corporations on insurance coverage and risk management issues arising in various industries – including financial services, retail, energy, technology, real estate, construction, and hospitality.
His insurance coverage advice focuses on risks such as: cyber and data breach; commercial general liability; directors and officers; professional liability; employment practices; property and casualty; business interruption; excess, umbrella, and integrated risks; and other insured and reinsured risks under occurrence based or claims-made policies.
As part of his Latin America practice, Sergio advises Spanish-speaking corporate clients on cross-border exposures in connection with transactions, projects, operations, products, and services.
Sergio’s litigation, arbitration, and counseling experience includes matters cumulatively exceeding one billion dollars in losses or exposures before federal and state courts throughout the United States and ADR tribunals.
He is admitted to practice before the Supreme Court of the United States, the US Court of Appeals for the Fifth Circuit, and US District Courts in Virginia, Colorado and Washington, DC.
Sergio frequently makes presentations and writes articles, alerts, and contributions to the the firm’s Insurance Recovery Blog.
A strong advocate of public service, Sergio has served on the boards of several non-profits. 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.
- Advised global investment group on coverage and other rights under complex Cayman Islands captive agreement in connection with acquisition of manufacturing company.
- Advised European bank on successor liability and assignment of insurance rights under D&O and CGL policies in connection with M&A.
- Advised global financial guarantee reinsurer in connection with analysis of obligations under reinsurance agreements.
- Advised multilateral investment bank on borrower’s compliance with property and casualty insurance requirements in loan documents.
- Counseled policyholder concerning insurer’s defense obligations under legal professional errors and omissions insurance policy.
- Counseled multilateral lending institution on key-man insurance issues in connection with loans to Latin American companies.
- Advised joint venture participant on coverage under directors and officers and professional liability policies for claims of aiding and abetting breach of fiduciary duty, defamation and other claims.
- Analyzed coverage for losses arising out of undetected theft of funds under entity’s crime and dishonesty insurance policy and auditor’s professional liability policy.
- Drafted provisions concerning cybersecurity and insurance for agreement between global investment and advisory firm and compliance software service provider.
- Advised 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.
- Advised US-based company on reinsurance recoveries from Brazilian reinsurer and related commutation negotiations.
- Counseled reinsurer on coverage under professional liability policy for claims of bad faith denial of coverage and refusal to approve policy limits settlement.
- Protected rights of ceding company in dispute with reinsurer regarding payment of balances and securities for reserves under applicable reinsurance treaties and facultative certificates.
- Counseled financial services policyholders on insurance coverage issues.
- Advised 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.
- Advised Spanish-based commercial vehicle technology company on cross-border insurance coverage for its US subsidiary.
- Counseled international commodities traders on coverage claims under marine cargo insurance.
- Counseled global technology company on complex global insurance program comprised of D&O, CGL, E&O, cyber, aircraft, EPL, fiduciary liability, crime, kidnap and ransom, travel, commercial auto, workers compensation, excess and umbrella insurance coverages.
- Counseled 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.
- Advised 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.
- Advised major electric utility regarding insurance coverage under claims-made-and-reported policies for class actions asserting environmental claims.
- Provided advice to national trade association on coverage under employment practices liability policy and negotiated defense and indemnity coverage.
- Advised 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.
- Counseled real estate developer on coverage for property damage and business income loss resulting from explosion during construction.
- Provided counsel to interstate compact entity concerning indemnity issues under its bylaws.
- Advised executive of multibillion dollar REIT on indemnification and D&O insurance coverage.
- Advised 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.
- Advised hotel on insurance coverage for damages and business interruption losses suffered as a result of defective construction by tenant and its contractors.
- Advised 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.
- Counseled 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.
- Represented bank litigation over coverage under D&O insurance policy for claims alleging breach of fiduciary duty and other claims against bank and its executives.
- Represented pool member against managing general agent in arbitration involving reinsurance recoveries and commutations under program comprised of 800 reinsurers on six continents.
- Arbitrated multimillion dollar dispute 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.
- 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.
- Tried and obtained favorable jury verdict in case involving claims of negligence and gross misconduct.
- JD, The George Washington University Law School, 2002
- BA, The College of William & Mary, cum laude, 1999
- District of Columbia
- New York
- Hispanic Bar Association of DC, 2002-Present; Board of Directors, 2011; Vice President, 2009; Endorsements Committee, 2008-2016 (co-chair 2008, 2013 & 2014); Task Force on Advancing Latino Attorneys, 2012-2018; Elections Committee, 2012-2013; Equal Justice Awards Steering/Development Committee, 2009, 2011-2013, 2016-2018; Website Committee, 2009
- DC Bar Board of Governors Nominations Committee Member, 2014-2015; Board of Governors Candidate, 2014; DC Bar Pro Bono Center Development Committee, 2017
- The George Washington University Law School Alumni Board of Directors, 2012-2016; Latino Law Alumni Association, Board of Directors, 2012-2017, and Vice Chair of Steering Committee, 2010-2012; Alumni Association Class Reunion Committee, 2007, 2012, 2017
- The Esperanza Education Fund, Board of Advisors, Development and Scholarship Committees, 2009-2016
- Hispanic National Bar Association, 2002-Present; Annual Convention Keynote Speaker Committee, 2011; Midyear Corporate Counsel Conference Panelist, 2013, 2015-2019; Annual Convention Panelist, 2014, 2015-2018
- Leadership Council on Legal Diversity, 2012-Present; LCLD Fellow, 2015; Law School Mentoring Program Mentor, 2012-2014
- Member, World Services Group
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