Insurance policies, claims and litigation are complex; when facing a claim, experience is what counts.
Meyer, Unkovic & Scott’s Insurance Coverage Group has more than 75 years of specialized experience in representing policyholders in effectively advocating and championing their interests both regionally and nationally. Attorneys in our Insurance Coverage practice have repeatedly been named to Best Lawyers, a national peer review publication recognizing the best lawyers in the country.
We successfully navigate all facets in the insurance coverage arena, from policy review and interpretation, to insurance audits and insurance coverage litigation. The Insurance Coverage Group represents businesses of all sizes, ranging from smaller family-owned businesses to large multinational corporations. The Group also represents numerous individuals who have been faced with the challenging task of facing off against an insurance company. The nature of cases handled is equally broad, including more traditional property or bodily damage claims and demands for defense of lawsuits filed against insureds to multi-million dollar mass tort and environmental damage claims.
Our insurance practice areas include:
Commercial Liability
From new ventures to multi-national companies, most all maintain commercial general liability (“CGL”) insurance to protect against claims of bodily injury, property damage, advertising injury or personal liability. And issues related to CGL coverage are complicated, with pages of exclusions to navigate, leaving a business to often wonder whether it has coverage for a particular need. Our Insurance Coverage group has extensive experience in navigating the CGL world, from providing advice regarding the purchase of a policy, to seeking defense and indemnity for our clients, to negotiating and litigating claims. Our attorneys have successfully litigated complex coverage disputes in both state and federal courts across the nation on a variety of insurance related issues, including coverage demands for small claims up to mass tort environmental and asbestos claims involving amounts in excess of $100 million. Our experience helps get claims resolved efficiently.
Professional Liability
Professionals in all service related industries have professional liability insurance, or should, as this type of coverage is a necessity nowadays. These policies are often referred to as “claims-made” or “errors & omissions” policies, and are strictly construed. Reporting and notice requirements are stringent, and failing to provide notice is a virtual death knell for coverage. Our Insurance Coverage group has worked with professionals in numerous industries, including attorneys, bankers, accountants, doctors, engineers, in navigating this arena. From advice regarding the purchase of a policy, to reporting of claims to negotiating and litigating claims, our group has the depth of experience to assist in all facets of the professional liability insurance arena.
Employers Practice Liability Insurance
Many businesses have Employment Practices Liability Insurance (“EPLI”), which is a type of insurance that covers claims made by aggrieved employees, including discrimination, harassment, wrongful termination and retaliation. Our Insurance Coverage attorneys can help in two primary ways: if a claim against a business is made, we can assess whether it falls within EPLI coverage; and if the carrier denies the claim, we are assertive in attempting to secure coverage and negotiating and litigating where needed.
Directors & Officers Liability Insurance
Directors and officers who serve on boards of nonprofit or for profit businesses are typically covered by Directors & Officers (“D&O) Liability insurance. A D&O policy typically coverage claims made against directors, officers or the business arising out of claims made against the directors and officers while serving on the board. Our Insurance Coverage group has helped our clients procure coverage, defense and indemnity for various claims.
Cyber Liability Insurance
Just about every company that uses any form of technology faces cyber risk. Cyber Liability Insurance (“CLI”) is a relatively new type of insurance created to deal with the complexity of cyber threats and claims. Our insurance coverage group has analyzed numerous CLI policies, and have guided clients on best policies for their needs. We are also well-equipped to deal with the various nuances and exclusions in CLI policies, negotiating or litigating claims when necessary.
Insurer Insolvency Proceedings
At times, insurers go out of business too, ultimately going into a liquidation or receivership. Our insurance coverage group in numerous instances have helped submit proofs of claim on behalf of our clients. We also undertake to monitor the status of the liquidation, any claims resolution as well as negotiate the best claim for our clients.
Other Business and Property Insurance
Our attorneys have helped resolve contractual coverage issues related to other business and property insurance matters for our clients. We have dealt with floods, fires, business interruption and other catastrophes. With the myriad of exclusions in any given policy, our experience makes us well-suited to assist in handling such claims.
Brokers & Agent Issues and Claims
Brokers and agents are human, which means that they do not always get it right. We have dealt with claims against brokers and agents for their failure to place the right coverage for the client, to misrepresentations about the extent of coverage, and to not procuring coverage which was paid for by the client at all. Our experience gives us the ability to traverse these difficult issues, dealing with both broker or agent as well as the carrier, which may be brought to the table as well.
Transactional Due Diligence Related to Insurance
In a myriad of business transactions, particularly when assets or liabilities are being purchased, insurance is often at the forefront of the conversation. Our Insurance Coverage group is often involved in analyzing the liabilities, risk and insurance assets of a given company to provide advice regarding whether proposals are appropriately structured as well as an assessment regarding the accessibility or assignability of insurance rights.
Insurance for Individuals: Homeowners, Health, Life, Fire & Auto
More often than not, individual insureds and their insurance carriers disagree over the value of a claim or whether such claim is covered by their insurance policy. Whether it’s a claim involving a homeowners, health, life, fire or property policy, you should know your rights, the value of your claim and when or if negotiation or litigation against the carrier is necessary. Our Insurance Coverage group has represented numerous individuals in all phases of their dealings with carriers, and has the depth of experience to provide advice on insurance-related concerns.
Insurance Audits
As litigation claims increase, the cost of litigation, likewise, escalates astronomically. Historically, liability insurance has been the vehicle to minimize such costs, however, insurance companies are not always willing to pay. To be prepared for such a situation, it is essential for a company to proactively locate, organize and understand its past and current insurance policies. Whereas companies that have been in existence for years face the unenviable process of notifying decades’ worth of insurers and responding to enormous requests for documentation from those carriers, newer companies likewise face their own unenviable task in determining the appropriate coverage to purchase and in understanding exactly what protection their money has bought.
Our Insurance Coverage Group has decades’ of experience in identifying gaps in coverage and possible improvements in business insurance programs. A typical preliminary consultation entails meeting with us to discuss current and/or prospective liabilities a company may face as well as details regarding the company’s past insurance programs. Gaining a better understanding of the issues and risks faced enables us to provide advice on what information should be sought from past insurance carriers as well as what a business should look for when purchasing new coverage.