More About This Practice

Insurance Disputes and Coverage Litigation

Balch & Bingham represents clients 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 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. Several of our attorneys serve on insurance company panels of insurance coverage lawyers.

 

Balch’s Insurance Litigation Practice is a member of the Insurelex Law Firm Network, a global network of insurance law firms, which has received a top ranking from Chambers Global 2017

 

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

 

Casualty/Personal Injury

  • Served as coverage counsel for an insurer, helping it settle a dangerous wrongful death case and seeking reimbursement of the settlement amount from a company that agreed to indemnify our client’s insured and that company’s insurer. Following aggressive discovery and briefing and argument of several dispositive motions, we settled the case and recovered nearly $1.6 million for our client.
  • Represent insurers in analyzing coverage under primary, umbrella and excess policies for wrongful death and personal injury lawsuits.
  • Represent insurersureds in filing and defending lawsuits seeking declaratory judgment as to the applicability of the relevant policies.
  • Represent insurers in negotiating and settling wrongful death and personal injury lawsuits.
  • Represent insurers 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 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 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 clients in cost sharing negotiations and other coverage matters arising from almost 3,000 asbestos claims.
  • Represented client in negotiations and agreement selling back liability insurance policies to insurer for substantial sum.
  • Represented insurers 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 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 casinos claiming property damage and business interruption arising from Hurricane Katrina under commercial property policies.

Business Risks and Professional Liability

  • Represented insured officer of Enron affiliate in insurance interpleader action involving Directors and Officers liability coverage. 
  • 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.

Employer’s Liability and Worker’s Compensation

  • Represent insurers in coverage analysis of worker's compensation and employer's liability policies.
  • Represented insurer in George wrongful death case filed directly against carrier.
  • Represented insurer in coverage analysis and litigation arising from claims of employment discrimination and retaliation under EPL policy.
  • Represent 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.

Balch is a proud member of Insuralex, a group created by independent law firms that specialize in insurance and reinsurance coverage, defense, litigation and all other related legal services. Globalization and changes in the world-wide insurance market have enabled insurers and reinsurers to market their products across national borders in a growing global economy. Different local laws and procedures may affect the conduct of insurance business on a cross-border basis. Insuralex allows an insurer to navigate these complexities by using a group of lawyers from different jurisdictions who are each specialized in their respective national insurance and reinsurance law systems, but who are also affiliated to work with each other. Insuralex exists to provide its members with a world-wide referral network of the highest quality in the fields of insurance, re-insurance, coverage, defense and litigation. Besides its own members, Insuralex is proud to be associated with the ARC Group, a Canadian group of lawyers with members in most Canadian provinces who have similar expertise and purposes.

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