Insurance Coverage

Litigation, arbitration, mediation (declaratory relief, specific performance, injunctions, damages) of disputes over contract interpretation, and performance and breach

First Party Insurance Policies — scope of covered claims and exclusions, present claims, and enforce rights

Third Party Insurance Policies — find insurance policies insuring client, scope of covered claims and exclusions, present demands for a defense and indemnity, and enforce rights under the following commercial general liability insurance coverages:

  • Bodily Injury
  • Property Damage
  • Personal Injury
  • Advertising Injury

Duty to Defend Third Party Claims — find duty to defend pending determination of duty to indemnify, represent client as Cumis counsel when insurance defense counsel has a conflict of interest

Insurance Requirements in Existing Contracts — scope of the insurance requirement, work with insurance broker to find insurance coverages satisfying the insurance requirements, establish substantial compliance or renegotiate insurance requirements when contact requires unavailable insurance coverage

How to find third party insurance coverage?  First, find the client’s insurance policy and consider all four coverages in the commercial general liability insurance policy — bodily injury, property damage, personal injury, and advertising injury.  Second, review the insurance requirements in the relevant contracts and find requirements to name the client as an additional insured.  Third, submit claims to all possible insurance companies with an explanation of why the third party claim/legal action includes at least one covered claim.

What is the difference between “First Party” and “Third Party” insurance policies/coverages?  “First Party” insurance covers the policyholder for losses arising out of the damage or destruction of the policyholder’s own property.  “Third Party” insurance covers the name and additional insureds against claims made by third parties.  “Third Party” insurance includes two duties — a duty to indemnify (pay the third party’s claims covered by the policy) and a duty to defend (hire legal counsel to represent the named and the additional insureds in legal actions as long as there is a possibility that the legal action includes a single covered claim).

What is Cumis counsel?  When there could be a conflict of interest between the insurance company and the insured, the insured has the right to insist that the insurance company retain independent counsel for the insured.  This independent counsel is call “Cumis” counsel.

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