Individuals and businesses seek to manage the risk of loss to their assets by purchasing insurance coverage, or often by requiring others, by contract, to provide them with insurance. After an accident or property damage occurs, a variety of coverage issues often arise. Our attorneys are called upon to evaluate those issues and litigating them as needed. Campbell lawyers are experienced in giving advice to both policyholders and insurers. To give this advice, we are often called upon to review dozens of policy forms issued over decades, and to analyze the laws of multiple states. Our attorneys will issue coverage opinion letters as necessary, but then will back up their advice by litigating coverage issues in all forums – in administrative hearings, and in state and federal courts. Our insurance coverage litigation experience runs the gamut, and includes disputes surrounding environmental claims, property loss claims, construction accidents, construction defect claims, employment or sexual discrimination claims, vendor endorsements, completed operations coverage, and primary vs. excess coverage.
We are panel counsel for many insurance companies, including several of the largest insurers in the world, and handle virtually every type of lawsuit for which insurance might be applicable – from personal injury and product liability to professional liability to abuse and discrimination claims. We provide an insured individual or company the same aggressive defense that we provide all of our other clients. We routinely take these cases to trial. In the insurance defense context, we then keep the insurer fully up to date with regular reports and updates. We are mindful that each insurer has developed a litigation management strategy, which is communicated to each of our attorneys.
Insurance Bad Faith/Fraud
Most states – either by statute or common law – require insurers to promptly and fairly handle claims, and to make reasonable coverage decisions. The states vary widely, though, in the means by which this requirement is enforced, and in the quality and quantity of the evidence necessary to prove bad faith. Often a bad faith claim is simply thrown into a lawsuit for the improper purpose of forcing a settlement, increasing the settlement amount, or opening up the insurer’s files to discovery. Our lawyers are skilled and experienced in obtaining dismissals of this type of bad faith claim. Our lawyers also advise insurers how to avoid being “set up” for bad faith claims.