Insurance Coverage

We resolve complex coverage issues for both insurers and insureds.

Our lawyers bring decades of experience representing major insurers, insurance pools, and business and commercial insurance policyholders to our work interpreting policy provisions and resolving coverage claims. Armed with an insider’s perspective on insurance company operations, our lawyers combine substantive knowledge of coverage law with practical familiarity on claims handling procedures to successfully handle coverage issues—including claims and losses under comprehensive general liability policies, errors and omissions policies, employer’s liability policies, D&O policies, cyber insurance policies, and other commercial policies.

Our experience on the insurer side includes serving as coverage counsel for two statewide insurance pools, while our role as coverage counsel involves issuing coverage opinions and defending declaratory judgment actions, breach of contract, or bad faith claims, as well as litigating some subrogation issues. Our coverage practice also includes representing commercial clients against their insurers on claims of breach of contract or bad faith claims arising under bodily injury, property damage, professional liability, and D&O coverages.

In representing policyholders, our familiarity with how insurance companies underwrite, reinsure, and evaluate risks and claims helps clients avoid problems and secure maximum coverage. We regularly represent business policyholders in disputes over denial of insurance coverage, effectively reconciling the coverage needs of our clients with the settlement strategies carriers prefer. We have served as counsel for corporate policyholders in significant insurance coverage cases, including cases presenting successor insurance issues arising out of mergers, acquisitions, and divestitures.

Additionally, we bring years of experience pursuing and defending contractual indemnity claims to our work for clients, including claims arising from historical merger, asset acquisition, or divestiture transactions. On the transactional side, we advise clients on the drafting and interpretation of indemnity agreements, releases, and insurance requirements in contracts.

If going to trial is necessary, our seasoned litigators serve as effective courtroom advocates in both state and federal court, providing an upfront analysis of the claim’s strength as well as an accurate assessment of whether trial, mediation, or settlement is the best course. Insurers and insureds alike rely on our personalized, responsive service and wide-ranging capabilities to obtain efficient claim resolution.

Construction law constitutes a significant aspect of our work in the insurance industry. Our team—including a board-certified specialist in construction law—represents construction companies, contractors, sureties, subcontractors, developers, construction suppliers, property owners, lenders, design professionals, individuals, and families in insurance-related matters on private and public projects, such as breach of contract, delay-damages suits, lien foreclosure, performance bonds, and negligence.

To minimize risk in business dealings, we also help business owners in numerous industries understand, implement, and manage the use of captive insurance companies. Our lawyers have assisted with captive insurance controversy matters in IRS examination, litigation in United States Tax Court, and complex matters related to exiting captive insurance programs.

Our Clients

  • A wide range of business and commercial insureds, including construction and manufacturing companies in Ohio, Florida, and North Carolina
  • Two major Ohio-based insurance pools for governmental entities

Our Services

  • Reviewing business insurance policies to determine the actual coverage on such potential claims dispute areas as liability coverage and providing a risk assessment based on current coverage
  • Representing commercial clients against their insurers on claims of breach of contract or bad faith claims arising under bodily injury, property damage, professional liability, and directors and officers (D&O) coverages
  • Serving as coverage counsel to two major insurance pools
  • Representation in coverage disputes against insurers
  • Policy review and risk assessment
  • Defending sureties against performance bond claims
  • Implementing insurance settlements and claims handling agreements for pattern tort litigation nationwide, working with both corporate policyholders and insurance carriers

News Releases

Publications

Events and Presentations

04.09.2018"Performance Bond Challenges: Onerous Contracts and Onerous Bond Forms," Southern Surety and Fidelity Claims Conference
09.14.2017Presenter, "Ethical Issues in Suretyship: Staying Out of Jeopardy," Northeast Surety & Fidelity Claims Conference, Atlantic City, New Jersey
04.20-21/2017Co-Presenter: “E-Discovery Nuts and Bolts and Trends for Sureties and Their Counsel,” 28th Annual Southern Surety & Fidelity Claims Conference, Nashville, TN
11.11.2011"The Essentials of Successful Estate Planning"


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