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The Art of Law

Every endeavor
has its own art, whether it’s hitting
a baseball, writing
a symphony,
or handling a lawsuit. In the
legal arena there’s an art to envisioning solutions where others see problems. It has
to do with understanding how to resolve matters in a way that benefits each client. It has to do with the art of helping clients contain problems and expand opportunities.

Carrington Coleman’s insurance practice group handles insurance issues in both litigation and non-litigation contexts, including coverage questions, premium disputes, and a range of industry matters involving insurance companies, brokers, and agents. Because insurance coverage is necessarily intertwined with the potential liability and other risks for which insurance is procured, our insurance lawyers work closely with other lawyers in the firm, including those handling major construction, business and real estate transactions, environmental concerns, products and professional liability claims, employment and competition disputes, litigation against directors and officers, and other matters. Our insurance experience specifically includes:

Insurance Coverage Issues

Litigation. We have prosecuted and defended insurance coverage claims (i.e. contract, tort, and declaratory judgment actions) in state and federal court litigation and in arbitration proceedings, involving:

  • Alleged violations of the duty of good faith and fair dealing, deceptive trade practices and consumer protection statutes, and insurance codes in various states.  
  • The respective rights and duties of policyholders and their primary, excess, and umbrella insurance carriers in connection with the defense and settlement of underlying liability claims. 
  • Claims for payment of benefits under health, life, and disability insurance policies. 
  • Application of pollution exclusions in CGL policies in a variety of industries and factual contexts. 
  • Scope of defense duties owed to “other insureds” under a general liability policy. 
  • Interpretation and application of notice provisions in “claims made” and “occurrence” policies. 
  • Bond obligations applicable to foreign insurers under the Texas Insurance Code. 
  • Coverage of potential asbestos liabilities under various policies. 

Legal Advice/Counseling. We provide objective policy analysis, legal advice, and opinion letters to insurers, policyholders, and interested third parties concerning coverage issues. For example, we have advised clients and potential clients concerning: 

  • The scope of liability coverage afforded current and former corporate officers and directors, including in-depth seminars for officers and directors concerning indemnification, insurance coverage, and recent litigation trends. 
  • Potential coverage and exclusions triggered by certain events under a company’s insurance portfolio, which require determinations of which policy is primary in a given situation, and how coverage may be allocated
    among carriers.
  • Negotiations to secure environmental liability insurance to cover risks that might otherwise have prevented agreement between seller and purchaser in a commercial real estate transaction. 

Insurance Premium Issues

We have represented insurance companies, insurance brokers and agents, and policyholders in a variety of matters involving insurance premiums and commissions, ranging from relatively simple issues concerning the premiums charged to an individual policyholder to the multi-state defense of class actions broadly challenging insurance industry practices relating to the premiums for complex business insurance. 

Insurance Industry Representations

Carrington Coleman lawyers work with participants in the insurance industry in a number of areas other than coverage and premium issues. For example:

  • We have represented insurance companies, as well as brokers and agents, in a wide range of disputes involving employment and compensation, non-compete and trade secret litigation, fraud, toxic tort environmental claims, breach of contract, errors & omissions claims, indemnification and subrogation claims, and antitrust claims. 
  • We have also represented insurance companies concerning mergers and acquisitions, bankruptcy and receiverships.
  • We have represented insurance companies in litigation involving alleged contingent commissions and bid rigging.

To stay in touch with developments in insurance law and ensure efficient and effective client representation, Carrington Coleman lawyers are also actively involved in leadership, presentations, and publications of organizations focused on insurance and risk management, including the Insurance Coverage Litigation Committee of the ABA’s Tort Trial and Insurance Practice Section (TIPS), the ABA Construction Forum, the Texas Bar Insurance Law Section, the Dallas Bar TIPS Committee, and the CGL Reporter, published by the International Risk Management Institute (IRMI).

For more information, please contact:

Lyndon Bittle
214-855-3096
lbittle@ccsb.com

 

 

 

Not certified by the Texas Board of Legal Certification except as noted.