For clients, navigating the world of insurance products, coverage, claims and defenses can be challenging, complex, and confusing. Failure to appropriately assess risks and scope of coverage issues can lead to serious and potentially disastrous consequences for businesses and individuals.
Issues involving insurance coverage arise in a variety of contexts, and we regularly advise clients with respect to insurance coverage issues implicated in their matters and work with them to maximize insurance coverage.
Among the services we provide are:
- Review and analysis of clients’ existing insurance programs and specific insurance requirements for projects and transactions.
- Drafting of insurance related provisions and schedules as part of contract drafting and review.
- Analysis of available insurance coverages and policy requirements when claims arise.
- Risk analysis and advice with respect to specific types of insurance products to help our clients understand and choose the appropriate insurance policies for their transactions, projects, and entities.
- Assistance with presenting claims and supporting documentation.
Facing the need to assert a claim or defend against claims in the context of insurance litigation also can be stressful and frustrating for clients. Our experience in litigating complex matters allows us to provide the advice and representation our clients need.
Among the litigation services we provide are:
- Litigation of coverage disputes, including policyholder/carrier disputes and suits among multiple insurance carriers with respect to coverage issues.
- Defense of the insured under the terms of the policy and in coordination with the carrier, when an insured claim has been made against the client.
- Actions to enforce coverage rights and/or seek determinations by the appropriate courts regarding coverage.
As part of our Construction Practice we have litigated a number of the leading cases regarding coverage issues in the context of construction projects, and have successfully obtained insurance coverage for our clients under a number of applicable insurance products including commercial liability insurance policies, builder’s risk policies, and architects’ and engineers’ errors and omissions policies.
Our insurance litigation practice in the construction area regularly involves surety bond claims, and we are counsel in many of the leading cases involving the enforcement of claims under surety bonds. Our attorneys litigated the seminal case involving the assertion of bad faith claims against an insurance company under a surety bond. We advocate zealously for our clients in order to obtain the coverage to which they are entitled. We also vigorously defend both our contractor clients and their sureties when bond claims are made against them by other parties to the construction project.