Insurance Litigation

Insurance Disputes and Coverage Litigation

Balch & Bingham LLP represents both insurers and commercial policyholders in a variety of coverage matters and risk management, ranging from coverage opinions and analyses to all types of coverage litigation. Our lawyers both defend and prosecute litigation involving liability coverage, claims handling procedures, property insurance rates, diminished value claims, credit life, vanishing premium and force-placed insurance, collateral protection litigation, fidelity bond claims, indemnification disputes and arson and theft cases. Our lawyers are called on to advise carriers and policyholders regarding insurance practices, coverage issues and risk allocation and are experienced in preparing coverage opinions, reservation of rights analyses and legal claims involving these issues.

Over the years, a number of our lawyers have focused their practice on coverage analyses and litigation involving many types of policies, including:

Aviation Legal Liability
Commercial Automobile Liability
Commercial General Liability
Commercial Property
Contractor’s Legal Liability
Directors and Officers Liability
Employment Practices Liability
Errors and Omissions Liability
Fidelity Bonds
National Flood Insurance Program
Pollution Legal Liability
Professional Liability
Worker's Compensation

We have the unique and balanced experience of representing both insurers and insured clients of the firm. The following is a listing of representative matters categorized by risk.

Business Risks and Professional Liability

Represented insured officer of Enron affiliate in insurance interpleader action involving Directors and Officers liability coverage.
Represented healthcare provider in procuring insurance coverage for fraud claims under Managed Care Organization Errors and Omissions liability policy.
Represented insured aggregate manufacturer in obtaining coverage for business dispute alleging fraud and misrepresentation and seeking collection of past due accounts.
Represented Fortune 500 company in D&O claim arising out of Department of Justice subpoena and antitrust investigation. Following a successful arbitration on liability issues, the insurer offered to settle the case on a favorable basis.
Represented insured manufacturer in insurance coverage and indemnity litigation under aviation liability policy arising from airplane crashes and recall of planes.
Represented insurer in coverage analysis of fee dispute between attorneys under legal professional liability policy.

Casualty/Personal Injury

Represent insurers and insureds in analyzing coverage under primary, umbrella and excess policies for wrongful death and personal injury lawsuits.
Represent insurers and insureds in filing and defending lawsuits seeking declaratory judgment as to the applicability of the relevant policies.
Represent insurers and insureds in negotiating and settling wrongful death and personal injury lawsuits.
Represent insurers and insureds in settling claims and filing subsequent lawsuits seeking indemnity, reimbursement and/or contribution for settlement and defense costs.
Represent insurers in responding to insureds’ and claimants’ demands for settlement when liability and/or coverage is disputed.
Represent insureds in demanding settlement of claims from insurers that are defending under a reservation of rights or have denied coverage.
Represent insurers in negotiating with, and obtaining contribution towards settlement from, other insurance carriers that issued policies potentially applicable to the same lawsuits.

Construction

Represent liability insurance carrier in coverage analyses and litigation involving commercial liability insurance policies issued to contractors, including analyses and litigation involving the business risk exclusions, the contractual liability exclusion, and “occurrence” and additional insured/indemnity issues.
Represented insured owner in obtaining additional insured coverage under contractor’s general liability policy for personal injury liabilities arising out of contractor's work.
Represented insurance carrier in indemnity action against contractor and other insurers to recover approximately $800,000 paid to settle a case brought by an injured worker. Following a bench trial, we recovered nearly $700,000 for our client.
Represented general liability insurer in defense of coverage liability and bad faith litigation brought by engineer seeking coverage as indemnitee and additional insured under insured contractor’s liability policy.

Environmental and Natural Disasters

Represented policyholders in environmental insurance coverage matters relating to toxic tort litigation brought by over 400 claimants.
Represented policyholder in cost sharing negotiations and other coverage matters arising from almost 3,000 asbestos claims.
Represented insured in negotiations and agreement selling back liability insurance policies to insurer for substantial sum.
Represented policyholders in property contamination insurance disputes (PCBs, chlorinated solvents and mold).
Represented insurers and policyholders in business insurance disputes over hurricane damage and recovery of remediation/clean-up costs.
Represented insurer in negotiating with, and obtaining contribution towards settlement and defense costs from, other insurance carriers that also issued policies potentially applicable to an alleged toxic tort.
Represented insured in demanding coverage from multiple liability insurance carriers that issued general liability policies over an extended period of time during plaintiffs’ alleged exposure to toxic chemicals.
Represented property developer in seeking interpretation of condominium policy form by Administrator of National Flood Insurance Program.
Represented residential and commercial property insurer in its claims handling practices for property damage claims arising from Hurricanes Katrina and Rita
Represented law firm in claiming property damage and business interruption arising from Hurricane Katrina under commercial property policy.
Represented casinos in claiming property damage and business interruption arising from Hurricane Katrina under commercial property policies.

Employer’s Liability and Worker’s Compensation

Represent insureds and insurers in coverage analysis of worker's compensation and employer's liability policies.
Represent insurer in coverage analysis and litigation arising from claims of employment discrimination and retaliation under EPL policy.
Represent insureds and insurers in coverage analysis of co-employee personal injury claims.

Financial Services

Represented bank in recovering $5.5 million under computer fraud clause of fidelity bond.
Represented valve company in recovering close to $1 million in pension plan squandered by provider.
Represented bank in obtaining insurance coverage under fidelity bond for losses resulting from employee and third-party dishonesty
Represented financial institution in obtaining insurance coverage under fidelity bond for forgery and alteration.