Insurance Coverage
This practice area has the following sub practice areas:
- Coverage Counseling
- Litigation
- All Lines of Coverage
- Admitted and Non-Admitted Carriers
- Insurance Department Inquiries
- Reinsurance
- Insurer Liquidation
Kiernan Trebach has been at the forefront of insurance, convincing courts in multiple jurisdictions to adopt insurance theories that have become controlling precedent in those jurisdictions. Our insurance practice involves virtually all lines of insurance, including professional liability, employers liability, commercial general liability, property and casualty, commercial auto and truckers, excess and specialty risks, directors and officers, errors and omissions and employment practices liability, representing both admitted and non-admitted carriers.
National Coordinating Counsel: Companies insuring risks across demand consistency of coverage positions in dealing with bodies of claims that arise from a multitude of jurisdictions. We provide our insurance clients with the ability to coordinate defense and coverage issues on a national or regional basis in order to afford our clients consistency in resolving claims and litigation in a cost-effective manner. Our experience in coordinating coverage positions and defense strategies is coupled with specific knowledge of the local practices and customs that often determine success.
Claims Handling: Companies faced with the responsibility of responding to claims from many states must navigate complex and frequently changing regulatory requirements. Our insurance practitioners provide counseling regarding claims-handling procedures and assist clients in avoiding needless litigation and managing the unique challenges presented by catastrophic and high-exposure losses. In addition, we provide coverage analyses and opinion letters, direct coverage investigations, coverage position letters, investigation letters, and non-waiver agreements.
Declaratory Judgment Actions and ADR: Our insurance practitioners couple substantive expertise with trial experience. They have taken a number of declaratory judgment actions to trial over the years with outstanding success, and they have litigated insurance matters in many venues throughout the United States. Additionally, our practitioners have negotiated innovative resolutions of complex insurance disputes and have routinely attended mediations in underlying matters as the representative of the insurer.
Reinsurance: Kiernan Trebach provides representation to cedents and reinsurers of risks in matters involving complex underlying issues of timing of bodily injury or property damage and allocation. Our experience in defending underlying claims and declaratory judgment actions provides our insurer clients valuable advice in presenting losses to reinsurers and retrocessionaires. The Firm's expertise in this area also allows us to provide valuable counseling and representation to reinsurers in the administration of complex losses in a manner that strives to avoid needless litigation. When litigation cannot be avoided, our practitioners are skilled in handling such matters in a way that is designed to minimize the attending expense and disruption.
Recent Case Examples:
- Mass Tort Bankruptcy: Representing an excess insurer with respect to a large-scale Chapter 11 bankruptcy resulting from thousands of child sexual abuse claims being asserted against the policyholder, along with defending the insurer through the subsequent tort-claim resolution process.
- Environmental: Representing a primary insurer of a developer of a mixed-use development involving a substantial environmental remediation in Virginia.
- Catastrophic Losses: Representing an excess DCIP insurer in a catastrophic personal injury matter involving two young children who experienced significant anoxic events in Maryland.
- Construction Defects: Representing an excess CCIP insurer in a significant construction defects matter in South Florida.
- Contract Interpretation: Defending a general liability insurer against a challenge to the scope of an endorsement adding sub-limited coverage for abuse and molestation, including successfully defending summary judgment in the Fourth Circuit in Maryland.
- Bad Faith: Representing excess insurer in catastrophic building collapse, including protecting the insurer against any potential claims for bad faith in Florida.
For more information, please contact any of the practice members referenced in the Attorney Listing. For the “Practice Area” Insurance coverage (https://www.kiernantrebach.com/attorneys/)
