Insurance Coverage

The lawyers in our Insurance Coverage and Bad Faith Litigation Practice Group have experience counseling clients on coverage questions ranging from the interplay between endorsements and exclusions, to complex, multi-tower disputes involving catastrophic losses and business interruption. We assist companies and claims professionals in the handling of claims that require discretion born from experience. And, when litigation is required or imposed, our lawyers have prosecuted and defended coverage and bad faith actions in federal and state courts in nearly every jurisdiction in the country.

Our lawyers’ expertise spans the gamut of potential coverages including:

  • Advertising Injury
  • Architects and Engineers
  • Boiler and Machinery
  • Commercial General
  • Commercial Property
  • Construction
  • Cyber
  • Data Breach
  • Data Loss
  • Directors and Officers
  • Employment Practices
  • Environmental
  • Errors and Omissions
  • Excess
  • Financial Lines
  • Healthcare
  • Hull & Machinery
  • Inland Marine
  • Legal Professional
  • Life Insurance
  • Municipal/Public Officials
  • Pollution
  • Professional
  • Sexual Misconduct
  • Special Events
  • Staffing
  • Trucking and Transportation
  • Umbrella Coverage

Recent representative matters include:

  • Coverage dispute relating to the NFL concussion cases
  • Coverage dispute involving widely-reported allegations of child molestations by a school employee
  • Coverage dispute involving manufacturing defects alleged against designer and manufacturer of water and chemical processing facility in Canadian tar sands
  • Coverage/Bad Faith dispute claims of manufacturer’s alleged groundwater contamination brought by DEP and by private claimants in separate lawsuits
  • Bad Faith dispute involving failure to accept tender of additional insured status for amusement parks owner under rock concert promoter’s policy
  • Coverage dispute involving application of fidelity policy to fines levied by E.U. and DOJ against international manufacturer engaged in international anti-trust conspiracy
  • Coverage/Bad Faith dispute involving FCRA class action filed against staffing companies
  • Coverage dispute involving medical licensing class action filed against health care system
  • Coverage dispute involving professional liability for fraudulent title conveyances
  • Coverage dispute involving multiple TCPA federal class actions filed against national clothing retailer for spam texting customers
  • Coverage dispute involving a $200 million business interruption loss
  • Coverage dispute involving the sinking of a barge on the Ohio River, and the recovery of its cargo

The Bad Faith Litigation Practice Group draws on the collective experience of our lawyers to counsel claims professionals in best practices during the investigation and handling of the claim. When a bad faith claim is asserted, we aggressively litigate for the dismissal or limitation of the claim. In this age of easily-shared information, we are sensitive to the need for insurers to maintain conformity in positions taken during the defense of these claims in order to avoid claims of systemic bad faith.

Our Insurance Coverage and Bad Faith Litigation Practice Group attorneys are currently active and routinely hold leadership positions in the Professional Liability Attorney Network (PLAN), the Defense Research Institute (DRI), and various bar associations.


Please Contact

Phillip R. Earnest

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