Practice Areas & Industries: Burr & Forman LLP

 




Insurance Litigation & Coverage Return to Practice Areas & Industries

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Practice/Industry Group Overview

Our attorneys have been successful representing both insurers and policy holders in matters involving a large range of topics whether that be by answering questions regarding the availability of coverage under a variety of insurance products to standing up to defend the company in litigation involving bad faith breach of an insurance contract and/or fraud.

Coverage Questions / Disputes
Bad Faith / Extra Contractual Fraud

The firm has attorneys who practice exclusively in the area of insurance coverage and have extensive experience in the analysis and litigation of complex coverage matters. We provide opinions to clients on the interpretation of policy language and the rights and obligations of the insurer and insured under polices of insurance. Our coverage attorneys are admitted and practice in all of the Florida State and Federal courts and have handled appeals of coverage matters in the Florida District Courts of Appeal as well as the Eleventh Circuit Court of Appeals. Our attorneys have been extremely successful in defending and prosecuting declaratory judgment actions as well as defending breach of contract and extra-contractual claims.

The firm has substantial experience in the following types of Insurance Coverage matters:

Good faith claims handling reviews and advice
Settlement advice in multi-claimant situations
Drafting policy forms and endorsements
Insurance policy reviews for adequacy of coverage
Long tail claims, coverage priority and multi-policy analysis

Providing clients with opinions on coverage issues and policies including:

Personal, commercial and professional lines
Errors & omissions policies
Primary, excess and umbrella policies
Self-insured retentions and deductibles
Directors and officers policies
Garage keepers polices
Trucking policies including MCS-90 issues
Environmental policies
Governmental policies and trusts

EXPERIENCE MATTERS

Class Action
Lead counsel for health insurer in defense of putative class action by a group insurance subscriber alleging unfair denial of claims by women seeking certain cancer screening and treatment. Dismissed and affirmed on appeal.

Commercial Insurance
Represented national frozen food distribution company to pursue insurance claim against commercial insurer and to defend declaratory judgment proceeding arising out of alleged environmental contamination and to recover clean-up costs associated with violations of Clean Water Act.

Construction Defense
Retained by contractors to defend against construction defect claims and other construction claims.

Declaratory Judgment Action
Retained to defend national retail store chain in coverage declaratory judgment action brought by insurance carrier and obtained coverage and payment of legal fees for defense of coverage suit.

Defunct Insurance Carrier
Retained to defend company providing temporary physician coverage in dispute with defunct liability insurance carrier and state guaranty fund in receivership for recovery of attorney’s fees and expenses incurred in defending medical malpractice claims.