Insurance coverage is often a critical component of a litigation strategy. Multiple policies and insurers, layers of coverage, and the terms and conditions of each policy often complicate matters. I assist other lawyers in analyzing insurance policies as a potential source of defense and indemnity for their clients. My objective is to assist counsel in making informed strategic decisions with insurance coverage in mind.
Here are some services I can provide to you or your law firm:
Analyzing Available Coverage
This includes a comprehensive review of potentially available insurance policies, policy limits, conditions, endorsements, exclusions, and the implications of relevant insurance law. Where a loss spans several years or several layers, that review extends to the structure of the program itself. How the primary, excess, and umbrella layers attach to one another, attachment points and exhaustion, self-insured retentions, per-occurrence and aggregate limits, and the effect of anti-stacking and related-claim provisions.
Mapping Coverage Across Policy Periods
Losses that develop over time raise questions a single policy will not answer. I identify which policy periods respond, account for gaps, changes in carrier, and changes in form, and address occurrence versus claims-made trigger and the allocation of a continuous or progressive loss across multiple years.
Identifying Potential Disputes
I can help assess whether a policy may provide coverage for the claims at issue in your case. I can also identify potential disputes concerning the scope of the insurer’s obligations.
Evaluating Defense and Indemnity
I examine the separate duties to defend and indemnify and whether they apply under the policy in light of the facts and claims presented in the underlying case. I also consider reservations of rights, primary and excess coverage, and other issues. This includes erosion of limits by defense costs, which can materially affect settlement posture, and whether a reservation of rights triggers the insured’s right to independent counsel.
Developing Coverage Strategy
The availability and scope of insurance coverage could have significant consequences for your litigation strategy, including settlement negotiations. I help counsel address disputed coverage issues and the insurers’ positions on these matters. Where it is useful, the analysis is reduced to charts and a coverage timeline showing which policies respond to which periods and where each layer attaches, something that can be used in mediation or placed in front of a court.
Complex Issues. Simple Explanations.
Insurance coverage can materially affect case strategy, settlement leverage, and the client’s ultimate exposure. I work with counsel to analyze these issues and provide focused guidance when questions of insurance coverage arise. I’m ready to assist with the above and related matters at any stage of litigation, and I offer my services on a flat fee basis. Where the policies themselves are missing or incomplete, see Insurance Archaeology and Lost Policies. Connect with me now to learn more.