Matthew  Criscuolo and John David Dickenson write an article in The Risk Retention Reporter titled "Leveling the Playing Field: Representing Risk Retention Groups in Coverage Disputes." Fundamental differences exist between the traditional insurance company and RRGs. Coverage counsel for an RRG must understand and highlight these differences from the beginning of any coverage dispute involving an RRG. Policyholder attorneys will attempt to employ their standard playbook and procedures, relying upon their favorite insurance statutes and regulations, which often are preempted by the LRRA. Throughout discovery, motion practice, and trial (if it comes to that), counsel for an RRG must develop a theme during the course of litigation that demonstrates the differences between an RRG and a traditional carrier. Doing so can help judges, jurors, and arbitrators set aside any insurance industry bias and level the playing field in coverage disputes involving RRGs.

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