INSURANCE COVERAGE DISPUTES
Insurance claims are sometimes the subject of disputes for a variety of reasons ranging from timeliness of provision of notice of the claim, to questions about the scope of coverage, to questions about applicable exclusions. In directors and officers' liability claims, for example, questions often arise concerning whether the conduct alleged fits within the applicable coverage, the appropriate deductible to apply, and how to allocate defense costs between covered and non-covered claims. In business interruption claims arising from property losses, as another example, coverage issues include whether the business interruption was a result of a covered loss, or whether it was caused, in whole or in part, by act of a civil authority. These two examples illustrate that each coverage claim typically has its own unique set of issues which may give rise to issuance of reservation of rights letters, disclaimers, or actions seeking declaratory relief.
Nicoletti Hornig & Sweeney's attorneys have extensive experience analyzing policies, issuing coverage opinions, and handling coverage disputes with respect to policies providing the following coverages:
- directors and officers
- professional liability
- additional insureds
- municipal coverage
- employment practices
- property loss
- disability
- automobile residual value
- maritime
- numerous other types of coverages
From disputes as wide ranging as those involving timeliness of notice given under a disability claim involving mental health issues, to disputes over business interruption coverage to disputes involving billions of dollars in coverage for oil fields located half way around the world, the firm has lawyers with the experience and capability to identify and analyze the critical coverage issues, and advise the client on the recommended steps that should be taken to resolve any coverage issues.
On behalf of insurers, the firm regularly reviews claims made against the available coverages, and prepares opinion letters advising as to whether and to what extent to issue reservation of rights letters or to disclaim. When appropriate, the firm represents insurers as both plaintiffs and defendants in declaratory judgment actions in both State and Federal court.
On behalf of insureds, the firm handles everything from assisting in the preparation and presentation of a claim, to negotiating non-litigated settlements, to litigating to obtain declarations of the available coverage and orders enforcing coverage obligations.
The firm handles coverage disputes between insurers and insureds, between primary and excess carriers, and between cedents and reinsurers. The extensive and broad-based experience of the firm's lawyers in analyzing, addressing and resolving such a variety of coverage issues, and approaching them from so many different angles, affords our clients a level of insight and expertise that simply cannot be matched by other firms.
