Insurance claims can give rise to a variety of disputes ranging from timeliness of provision of notice of the claim, to questions about the scope of coverage, and 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.
As another example, in business interruption claims arising from property losses, 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 has its own unique set of issues which may lead to issuance of reservation of rights letters, disclaimers, or actions seeking declaratory relief.
The firm’s attorneys have extensive experience analyzing policies, issuing coverage opinions, and handling coverage disputes with respect to policies providing for a wide variety of coverages, including:
- directors and officers;
- professional liability;
- additional insureds;
- municipal coverage;
- employment practices;
- property loss;
- automobile residual value; and
In disputes as wide-ranging as billions of dollars in coverage for oil fields located across the world, disputes over business interruption coverage, to disputes over the timeliness of notice given under a disability claim involving mental health issues, the firm’s lawyers have the necessary 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 available coverages, and prepares opinion letters advising whether and to what extent to issue reservation of rights letters or to disclaim coverage. The firm regularly represents insurers as both plaintiffs and defendants in declaratory judgment actions in state and federal courts.
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 cannot be matched by other firms.