Our lawyers have significant experience addressing coverage and extra-contractual issues under a wide variety of policies. In addition to commercial general liability policies, we have litigated, or counseled clients in litigation, concerning property, professional liability, E&O, D&O, builder’s risk, business auto, EL, and other specialty policies. Our firm has dealt with all layers of coverage, including their interplay in complex, multi-carrier, multi-policy year cases and analysis of complex risk management programs.
Cain & Skarnulis has a breadth of industry knowledge, including:
- Prosecution, defense, and coverage counseling of wrongful death, serious bodily injury, and catastrophic property loss claims implicating disputed liability coverage under CGL, BAP, UIM, and excess/umbrella policies.
- Representation of and coverage counseling of clients in complex construction defect litigation where additional insured coverage and indemnity/risk transfer issues play a key role in the ultimate resolution.
- Prosecution and defense of suits for wrongful failure to settle within available policy limits under liability policies ( and “bad faith” suits).
- Prosecution and defense of allocation claims among carriers in the context of underlying defense and indemnity claims between insureds involving primary and excess policies.
- Defense of E&O and D&O claims for shareholder litigation, fiduciary liability, and other claims. Although we are not an “insurance defense” firm, we explore coverage for our clients and then work closely with their carriers to manage litigation.
- Representation of clients in reinsurance disputes, including facultative or treaty reinsurance, commutations, bordereaux reporting, the “follow the fortunes” doctrine, ceding commissions, and liability for EC damages.
- Representation of clients in complex disputes involving county mutuals, managing general agencies, and brokers and intermediaries, including successful representations in multiple agency cases.
- Advising clients on drafting contractual provisions regarding insurance and indemnity which seek to transfer risk.
Blair’s article is a good read for lawyers on both sides of the “v.” It gives important advice, such as, “Avoid alleging facts that cannot be supported at trial. Plead consistent with your facts and with enough detail to get the right parties to the table. An insurer with a defense but no indemnification obligation may hamper settlement discussions.”