Insurance Coverage

A one size fits all approach is not the solution for proper management of insurance coverage work. Our team understands the need for customized, specific case plans and strategy for each coverage issue that is entrusted to our firm. We work closely with our claims professionals to ensure each specific coverage issue within a claim is appropriately investigated, evaluated, and handled to mitigate risk, reduce exposure, and maintain uniform handling of hot button topics.   

Understanding and rigorously evaluating coverage issues effectively assists our clients in three pivotal ways: 1) mitigating risk by identifying potential weak areas in policy language; 2) assisting in the resolution of underlying tort claims by removing uncertainty surrounding amount of available insurance coverage; and 3) minimizing defense costs through successful prosecution of declaratory judgments to remove the indemnification and defense obligations under a policy.  

Our Coverage group is experienced in conducting examinations under oath and initial investigations, evaluating complex coverage issues, preparing coverage opinions, and filing declaratory actions in both State and Federal Court.  

Across all lines of liability insurance, quick, effective initial coverage evaluation is key for the proper identification of potential issues, determination of priority of coverage, and evaluation of risk faced by both the insurance carrier and their insured. With the volume of automobile liability and uninsured/underinsured motorist cases inundating our court system, it is imperative issues such as residency of claimant are evaluated to determine class of coverage. Our team can evaluate the validity of a UM Selection/Rejection form, defend the process used by carriers in the application process when the validity of the form is challenged, navigate the class of coverage for a claimant insured on stacked uninsured motorist policies, and priority of coverage on cases involving more than one policy.  

In addition, our team can expertly maneuver complex coverage issues involving federal statutes including the Carmack amendment and MCS-90 endorsements. We understand the importance of thorough pre-suit coverage investigation, including factual analysis to evaluate the status of a load in interstate commerce, and impact of same on the exposure for carriers issuing MCS-90 endorsements. Our coverage co-chair Jessalea Shettle recently obtained a Motion for Summary Judgment on an issue of first impression wherein a Florida State court adopted the Federal Eleventh Circuit test for determining interstate commerce, and determined a last mile delivery of goods originating out of state did not trigger the indemnification obligation under the MCS-90 filing.  
 
Proper evaluation, and effective communication of priority of layered coverage for commercial, professional, and business lines of liability insurance is pivotal to the resolution of catastrophic claims involving multiple policies. Our team understands the statutory and case law authority on those issues and can assist pre-suit in the necessary notice and handling of those issues. If pre-suit negotiations fail,  our team can handle the filing of declaratory actions regarding primary and excess coverage issues.  

Our coverage team is currently changing the legal landscape in Florida as it relates to interpretation and application of these complex coverage issues. We regularly conduct examinations under oath, advise carriers on coverage disputes and prevail on declaratory actions while assisting with the drafting of Reservation of Rights letters and preservation of coverage defenses. In addition, our coverage team regularly attends mediations in the companion tort claim to ensure all parties understand the coverage hurdles associated with the amount available to settle claims. This strategy has effectively assisted in the settlement of claims that, without coverage intervention, would not have come to a resolution.  

To learn more, click here to see our people who specialize in this practice area or click here to see a list of our verdicts for this practice area.