You’ve been sued and seek coverage for legal defense costs. We’ve helped client insureds cover costs of legal defense, and helped defend in the underlying lawsuit that was supposed to have been originally covered (IP infringement, for example). We help clients who have suffered an “advertising injury” under their commercial general liability (CGL) policy.
How We Help Client Insureds
We represent the insured, often after a denial of coverage, or to seek coverage on behalf of client as the insured company and/or executive (as it’s common for individual executives to also be named). When that happens, we will help the insured — who incurred costs of defense the insurance carrier refused to pay — to sue the insurer on behalf of client for coverage. We then litigate as needed, and will mediate or settle the matter as appropriate to obtain coverage for insured.
We’ve helped clients win coverage disputes, often after a denial of coverage. At times this can involve suing the insurer on behalf of client for coverage for bad faith breach of contract. We also help clients mediate or settle the matter to obtain settlements for insureds. Ask us how we can help you with your coverage dispute.
Types of Cases
We have worked adverse to various matters, including insurance companies and sureties. Our most common IP insurance coverage work is to represent insureds seeking costs of defense against carrier. We have resolved such cases in favor of client to cover costs of defense. We’ve handled matters including:
- Contractors’ Bonds – Obtaining coverage for clients suffering damages where they are covered by the contractor’s surety. We help clients accelerate coverage by working with the bond company on behalf of insured clients.
Win Coverage Disputes For Costs of Defense
Examples include the following:
- We’ve litigated against a number of insurance companies and have depth and breadth of experience with carriers and as well as operations, including:
- Benchmark Insurance Company
- Fidelity & Deposit (F&D) Company of Maryland
- Golden Eagle Insurance Company
- Lloyds of London – Subscribers to Policy Nos.
- Navigators Specialty Insurance Co.
- State Farm; and
- Twenty-First Century.
- We’ve represented insured manufacturer against carrier in IP insurance coverage dispute (IP insurance bad faith) resolved in client’s favor, and defended client insured in underlying copyright infringement dispute through favorable settlement with carrier and in underlying case.
- We’ve represented insured in loss of use of property disputes;
- We’ve represented insured in complex civil litigation underlying claims of coverage and direct costs of defense;
- We’ve represented insured in construction defect coverage disputes;
- We’ve represented insured against carrier for non-payment of premiums and obtained dismissal; and
- We’ve represented contractor insured against carrier for non-payment of premiums and obtained favorable settlement.