Insurance Coverage

The firm provides timely and succinct coverage opinions to primary and excess insurance carriers and, when necessary, litigates declaratory relief, contribution and other coverage actions in various state and federal venues.  The firm has obtained favorable results in connection with equitable contribution and bad faith suits in several of the California federal and state courts, and has successfully negotiated resolutions of countless coverage disputes to avoid otherwise protracted and costly litigation. 

The firm takes pride in its efficient coordination with carriers, risk managers, claims adjusting firms and retained defense counsel to pro-actively address and resolve coverage, contribution, allocation and additional insured issues.  However, the firm does not shy away from litigation when necessary or otherwise appropriate from an economic standpoint or to support a company’s policy.  Too often policy terms and coverage limitations, conditions and exclusions so carefully drafted and adopted by carriers are ignored or de-emphasized, especially in the construction defect and intellectual property realm.  Similarly, the scope of carriers’ indemnity and coverage obligations to named and additional insured’s are often confused, and the law misunderstood, misapplied, or both.  This is not acceptable in our view, regardless of how pervasive the practice may be.  The attorneys of the firm are experienced and knowledgeable respecting the terms of the many different carriers’ policies, the nuances of coverage law, the interplay between contractual and equitable obligations, and the nature and scope of carriers’ duties with regard to indemnity and defense.

The firm provides coverage advice and assistance to insurers in the areas of errors and omissions, construction, property, intellectual property, entertainment, premises liability, automobile and trucking matters, products and retailer liability, first party claims, excess coverage, reinsurance and insolvency issues, and bad faith claims.  Intimate familiarity with the various aspects of the insurance industry and the business of the insureds further enables the firm to provide the most effective and efficient level of service to our carrier clients.  Whether the question stems from the insuring agreement, the duty to defend, an insured’s right to independent counsel, additional insured obligations, indemnity issues, or the applicability of coverage exclusions or conditions, the firm advises companies concerning the relevant legal, fiscal and practical considerations. 

With a thorough appreciation and understanding of the relevant issues, the firm regularly provides consultation to carriers respecting drafting policy provisions (including coverage forms and endorsements), and with regard to claim handling guidelines, policies and procedures.  The firm’s attorneys stay one step ahead of the constantly changing and developing law and policy language, attending underwriting meetings, assisting in the interpretation of claims and underwriting information, and drafting insurance policy provisions ranging from specialized endorsements to entire polices, many of which have become standards in their respective markets.