Donald Alan Windham Jr.

As a litigator, I get excited when the process of preparing a case for trial advances seemingly intractable disputes toward a favorable settlement.

As we get more or less back to normal, the pandemic will continue to be a litigation issue in sometimes unanticipated ways.  We will see the pandemic raised as an excuse for failure to comply with contractual terms related to insurance coverage, such as where property insurance policies require repairs to be made in a certain amount of time.  Furthermore, as federal aid programs end, foreclosures are likely to drive an increase in lender liability lawsuits and title insurance claims.

I often work on claims by policy holders against insurance carriers alleging breach of contract and bad faith arising from the denial of coverage.  This includes advising clients on coverage, both informally to claims handlers during the adjusting of the claim as well as by issuing formal advice in coverage opinions.