Newsworthy: Carson Law Group, PLLC - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Property and Casualty News
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Property and Casualty News RSS Get our newsletter
Order Prints
July 20, 2025 Property and Casualty News
Share
Share
Post
Email

Newsworthy: Carson Law Group, PLLC

David HumphreysNorthside Sun

Business owners, does the cost of your liability insurance keep going up every year, while your coverage dwindles? Despite the increasing premiums, have you experienced the disappointment of submitting a claim only to have your insurer deny coverage? If so, you're certainly not alone. Liability insurers have become modern-day Shakespeares when writing exclusions in their insurance policies that remove most, if not all, coverage for the risks faced by business owners every day.

To quote the actual Shakespeare, if your insurer denies coverage, don't "weep with me, past hope, past cure, past help." Instead, rely on different Shakespearean advice: "true hope is swift and flies with swallow's wings," by which he obviously meant, "Go see your lawyer!" or something like that. Of course, Shakespeare also wrote, "The first thing we do, let's kill all the lawyers," but that was in a different play.

A lawyer who is knowledgeable about your business and who also understands insurance coverage can help you navigate an insurance claim where coverage is questionable, or where your insurer has already denied coverage. In fact, ideally you should consult your lawyer before you submit a claim, as the claim submission itself may impact whether your insurer provides coverage. Also, from day one, your insurer will be looking for information that supports a denial of your claim. You need an experienced coverage lawyer who knows what insurers are looking for to assist you in submitting your claim and in responding to your insurer's following claim investigation, to have the best chance of getting your claim covered.

"Until I know this sure uncertainty, I'll entertain the offered fallacy."

Here, Shakespeare wrote about someone playing along with a falsehood before enough information was available to discern the truth. Your insurer's initial response to your claim could put you in a similar situation. When you turn a lawsuit over to your insurance company, one of three things will happen: your insurance company will either (1) agree to defend you and hire you a lawyer, (2) agree to initially defend you, but under a reservation of rights to later deny coverage, or (3) deny any coverage for the claim and abandon you to defend yourself.

While the law varies from state to state, generally speaking, your insurer owes you several duties when it receives your claim, including a duty to investigate the claim, a duty to provide you a defense for claims that might be covered under your insurance policy, a duty to pay covered claims, and a duty to settle claims within policy limits where possible and reasonable. Insurance companies often hedge their risk by initially providing a defense, but under a reservation of rights to later deny coverage. This typically arrives in a letter informing you that XYZ law firm has been assigned to defend you, followed by numerous pages quoting policy language that your insurer claims may allow it to later deny coverage and not pay any judgment entered against you. A reservation of rights letter may even reserve a right for your insurer to later recover all money spent on your defense.

If you receive a reservation of rights letter, you may be entitled—again, depending on your state's laws—to hire your own personal attorney who will represent your interests alone, and who will be independent of the lawyer assigned to you by your insurance company. State law may even require your insurance company to pay for this independent counsel.

If you didn't consult independent counsel before submitting your claim or when your insurer was investigating it, you certainly should if you receive either a reservation of rights letter or an outright denial of coverage, as there is likely an opportunity to challenge your insurer's coverage position from the very beginning of your case. As one example of the options available to you, your state's laws may allow you, or the plaintiff who is suing you, to directly sue your insurance company in the same lawsuit and have the judge decide whether the claim is covered. The potential advantages of adding your insurer to the same lawsuit are obvious: the local judge handling your case may be more sympathetic to you, as a local contractor, than your big, out-of-state insurance company.

An experienced insurance coverage lawyer, who also knows your business, will be armed with legal arguments to challenge your insurance company's adverse coverage position. In recent successful cases, our law firm has utilized numerous creative legal theories to defeat insurers' initial denials of coverage and force insurers to resolve claims with insurance proceeds. For example, the following excerpt from a legal brief we recently filed lists 13 different legal arguments we utilized to challenge the various exclusions raised by our client's insurer: Estopple/-waiver, unconscionability, illusory converage, Miller Doctrine, Hancock materiality, inapplicable exclusions, public policy, misrepresentation, unclear agency relationship, agent misconduct, lack of assent, negligent advice and post-claim underwriting.

"The miserable have no other medicine but only hope."

To conclude the tortured Shakespeare references, the above list of potential legal challenges to an insurance claim denial should give you hope that, even in the miserable position of having an insurance claim denied, your trusted lawyer, who also knows insurance coverage, may be able to fight through your policy's numerous exclusions, get your defense paid for, and resolve your claim with insurance money. Good luck, and, until next time, "Good night, good night! Parting is such sweet sorrow."

David Humphreys, Esq., is an experienced litigator and business attorney with over 25 years' experience helping clients resolve complex disputes, negotiate contracts, clear administrative hurdles, and more. David's experience includes representing construction industry clients and developers in construction defect litigation, insurance coverage disputes, bond and lien claims, and breach of contract matters. In addition to his law practice, David is a frequent speaker at construction industry national meetings on topics including insurance coverage, contracting, construction defect litigation, and risk management. David's law firm, Carson Law Group, PLLC, is based in Jackson, Mississippi, and represents clients throughout the Southeastern United States. This article first appeared in the June 2025 issue of the Foundation of the American Subcontractor's Association's publication The Contractor's Compass.

Older

1.7 million Texans could lose health coverage under changes in GOP megabill

Newer

Insurance authorization bill sponsored by Bjorkman, Ruffidge becomes law

Advisor News

  • The overlooked retirement security risk that must be addressed
  • What advisors should know about hedge funds in retirement planning
  • Retirement control is top success measure for middle class, ACLI says
  • Industry groups applaud House passage of Financial Exploitation Prevention Act
  • Younger workers more likely to be eligible for a retirement plan after changing jobs
More Advisor News

Annuity News

  • Malibu Life Holdings Completes Acquisition of TruSpire, Establishing Malibu USA and Accelerating Entry into the U.S. Retail Annuity Market
  • Why job boards are failing insurance agencies
  • MassMutual Ranks No. 100 on the 2026 Fortune 500® List
  • What’s fueling record annuity growth?
  • Jackson Named InvestmentNews 2026 Annuities Provider of the Year
More Annuity News

Health/Employee Benefits News

  • CDPHP, MVP Health Care among insurers seeking rate increases
  • How health insurers get a free pass to deny coverage from a 52‑year‑old law meant to protect worker pensions
  • Reports from Capital One AG Describe Recent Advances in Managed Care (Factors Affecting Medical Appointment Adherence among Adolescents and Young Adults with Kidney Disease: A Longitudinal Cohort Study): Managed Care
  • Studies from University of Alabama Further Understanding of Neurology (Understanding stroke caregiving in rural contexts: a qualitative study of family caregivers’ cultural values, coping behaviors, and technology use): Health and Medicine – Neurology
  • New state law will create more transparency of dental insurance benefits
More Health/Employee Benefits News

Life Insurance News

  • NAIFA praises House committee approval of Clarity for Compensation Act
  • PHL Variable liquidation pushed out to 2027, Connecticut regulators say
  • ‘Recession-Proof’ Insurance Is Trending. Safety Net or Scam?
  • Winged Keel Group Expands National Presence and PPLI Leadership, Welcomes SBSI, Inc. (dba NFP Insurance Solutions)
  • MassMutual Ranks No. 100 on the 2026 Fortune 500® List
More Life Insurance News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Life moves fast. Your BGA should, too.
Stay ahead with Modern Life's AI-powered tech and expert support.

A MYGA for Clients Hesitant to Commit to One Long-Term Rate
First-year certainty. Annual rate updates. Get the CurrentRate® MYGA Sales Kit.

Elite Networking & Insights Await at the Event of the Year
The industry's premier conference for leaders driving what’s next in financial services.

Press Releases

  • Prosperity Life GroupSM Launches Prosperity PathWaySM Series, Bringing Greater Choice and Flexibility to Retirement Income Planning
  • Senior Market Sales® Fortifies Annuity Reach With Acquisition of Retirement Planning Firm Stratton & Company
  • RFP #T01625
  • Rockwood Programs Appoints Kerry Ladouceur as Vice President, Financial Lines
  • JP Insurance Group Launches Commercial Property & Casualty Division; Appoints Joe Webster as Managing Director
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet