Newsworthy: Carson Law Group, PLLC
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.
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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."
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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


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