- Articles
- May 10, 2021
- Risk Management Magazine
ARTICLES | May 10, 2021 | Risk Management Magazine
Protecting against the far-reaching impact of claims.
Litigation can be a costly proposition for insurance companies. Often the best defense in litigation starts before a lawsuit is ever filed. Consequently, while we are ready to aggressively defend our clients in lawsuits, we also strive to help our clients avoid litigation altogether.
We regularly educate our clients on how to minimize litigation risk in the claims handling process. Along with updates on the
ever-changing insurance law landscape, we provide in-house regulatory compliance workshops, seminars on cutting-edge legal issues, and policy drafting and writing sessions.
Our claims management services provide guidance to our clients, ensuring that their coverage positions are timely, consistent and legally sound. We collaborate with our clients early on, to:
- Develop a strategy for early claim investigation
- Identify and develop facts impacting the scope of any defense and indemnity obligations
- Appreciate coverage issues as they materialize
- Develop a cost-effective plan to manage risk
- We also consult with our clients on product development, including wording of policy forms
TEAM
EXPERIENCE
- Drafted unusual claims-made policy endorsement, with the goal of ensuring the intended effect upon priority of coverage in situations involving multiple claims.
- Successfully asserted cyber insurer's position that its multimedia coverage was excess over CGL insurer's Coverage B with respect to lawsuit involving alleged copyright and trademark infringement against insured mortgage lender due to online and television-advertising campaigns.
- Assessed and protected cyber insurer's interests with respect to uncovered civil investigative demand by the Consumer Financial Protection Bureau to an insured lead generator.
- On behalf of Underwriters at Lloyd's of London, resolved underlying lawsuit of first impression involving claims against insured hospital and hospital employee involving reckless infliction of emotional distress and negligence caused by tweets from insured's emergency room staff.
- Protected cyber insurer's rights with respect to data breach involving national chain of restaurants, including protection against franchisee PCI fines and penalties and resolution of multi-district litigation involving consumer class actions.
- Resolved complex and vigorously contested underlying business dispute between parties in the hospitality industry involving allegations of trademark infringement; advocated for coverage defenses to successfully obtain significant settlement contribution from insured.
- Resolved complex underlying business dispute between hospitality industry competitors over trademark infringement claims; leveraged coverage defenses into significant settlement contribution by insured.
INSIGHTS
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- January 4, 2021
- PropertyCasualty360
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- Law360
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