Insurance Coverage Opinion, Analysis, & Litigation
When an insured makes a claim under a policy of insurance, there are many factors to be considered in determining whether coverage is afforded under the policy. This can include rather routine considerations of the effective dates of the policy, and persons covered by the policy, but can also encompass complex and unique situations that require early and efficient evaluation to arrive at a timely resolution for both the insurer and its insured. Insurance coverage disputes can involve a wide range of litigation, including declaratory judgment actions, bad faith and extra-contractual liability claims.
Success in evaluation and defense of insurance coverage issues depends on addressing issues that arise as soon as they are identified, and dealing with them appropriately under the law. Our attorneys regularly analyze policies on behalf of our clients to determine which exclusions are applicable on a case-by-case basis, and subsequently research and prepare opinion letters for our insurer clients related to coverage issues. Utilizing this early approach to handling any coverage dispute in a proactive manner is imperative to guarantee that an insurer complies with its obligations under the law, avoids future claims that it waived its policy defenses, and to avoid conduct that may give rise to a claim of bad faith or vexatious delay. Where an insurance coverage dispute exists, an aggressive approach is necessary to identify all possible defenses and, where possible, a cost-effective early resolution.
Under the umbrella of civil litigation, Best, Vanderlaan & Harrington attorneys have specialized in insurance coverage disputes for many years. We are very familiar with, and understand, the duties and obligations of an insurer to its insured, as well as defenses available to an insurer under a policy's provisions. We have worked closely with insurer clients from the time coverage issues are identified, through the determination of their rights and duties under a policy, to ensure that any disputes that arise under their policies are handled in a timely and cost-efficient manner.