Civil Litigation

Insurance Litigation

An understanding of how insurance policies work and the nature of policyholder rights is essential to almost all kinds of civil litigation. This is true even where the client is a plaintiff, as the prospects of a successful settlement are enhanced by knowledge of the pressure points that can convince an insurance carrier to fund a settlement. The firm has experience with many types of policies, including commercial general liability, errors and omissions, directors and officers, and first party property.

Oftentimes, when representing the defense in a civil case, dealing with the client’s insurance carrier can make all the difference. The firm has a proven track record of securing policyholder rights when carriers balk at honoring their duty to defend, and when necessary, vindicating those rights by pursuing bad faith claims. Such coverage disputes often allow the insured to select its own counsel, resulting in the firm’s attorney’s fees being paid for by insurance.

The firm also has experience with “first party” insurance claims, where a carrier refuses to compensate its insured for losses such as property damage. In addition, the firm has handled cases against insurance brokers for failing to obtain the coverage specified by the client, as well as defended against claims by carriers seeking to rescind insurance policies.

Representative Results

• Obtained an $860,000 settlement on behalf of insured client against property insurer following water intrusion at client’s property. After the insurer failed to pay the claims or even issue a coverage position, the firm vigorously pursued bad faith and breach of contract claims which resulted in the substantial settlement.
• Secured a $275,000 settlement and release of a $1 million letter of credit for insured client based on disputed calculations of retrospective premium in connection with general liability/professional liability policy.
• Negotiated a $748,000 discount for our client on premiums for workers’ compensation and employers’ liability insurance policies after demonstrating through extended mediation the insurer’s improper claims handling.
• Recovered a total of over $4.7 million from multiple insurance carriers by litigating bad faith and breach of contract claims assigned to our client, the general partner and developer of a housing complex, by the general contractor for the complex. The general contractor had tendered claims to numerous insurers but they refused to provide a defense, leading to the lawsuit and subsequent recovery.