Regardless of whether you represent the plaintiff or the defendant, insurance coverage can have major implications for your litigation strategy, settlement negotiations, and trial preparation. An independent legal analysis can help you understand and respond to the insurer’s position, especially when coverage disputes are at issue. I provide coverage opinions and second opinions to help lawyers with complex insurance matters.
Coverage Opinions
An assessment of whether an insurance policy may cover a claimed loss can be invaluable for your case strategy. As part of this service, I review relevant policies, endorsements, exclusions, and policy limits. Then I apply this analysis to the underlying pleadings, facts, defenses, correspondence, evidence, and other elements of your case.
Independent Second Opinions
You may have already analyzed the coverage or had someone else do it, but there could still be important and unanswered questions. A second coverage opinion could therefore be useful. I can independently review the insurance coverage or the prior coverage analysis and identify additional strengths, weaknesses, or issues that demand attention.
These are the situations that most often prompt a request:
- A reservation of rights has arrived, and the question is whether it triggers the insured’s right to independent counsel
- There is an excess layer, and it is unclear whether the underlying limits have been properly exhausted
- The carrier has denied, and counsel needs to know whether the denial holds up before mediation
- The policy is claims-made, and there is a question about when the claim was first made or whether notice was timely
- Several policies or policy periods may be responsive
- A settlement number is being discussed, and the available coverage has not been confirmed
Supporting Litigation and Settlement Strategy
Ultimately, your goal is to understand how potential insurance coverage may affect your client’s position in the underlying case. The reality is that insurance issues often touch on various aspects of litigation. From pleadings to mediation and settlement negotiations, knowing the potential insurance consequences can help counsel make informed decisions for the client. I can work with you on these and related matters.
Relentless but Patient. Reach Out Today!
I offer the above services to other lawyers on a flat-fee basis, including counsel handling active or anticipated litigation. No matter which stage your case is in, I’m ready to help. Contact me today to get started.