Practice Areas & Industries: Carroll, Burdick & McDonough LLP


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Practice/Industry Group Overview

Carroll, Burdick & McDonough's Insurance Coverage Group is comprised of commercial litigators, nationally and internationally renowned for aggressive, strategic representation of its clients, which include some of the nation's largest insurance companies.

We handle cases involving complex and emerging coverage issues in federal and state courts across the country. Our experience includes: general liability, directors and officers, professional liability, cyberdata breach,surety, property, and reinsurance. We assess matters promptly and formulate the most cost-effective and strategically advantageous approaches to claim resolution, whether in negotiation, mediation, arbitration or litigation. Our insurance coverage litigators draw from their litigation experience in other substantive practice areas to fashion innovative means for resolving litigation favorably and efficiently.

We tailor our services for each client, providing full-time on-line access to case documents, analysis and status reports. We also provide regular reporting and analysis of legal trends, emerging coverage areas, legislative developments, and changes in litigation rules and practices, to help our clients' claim servicing activities.

Strategic and Preventative Approaches to Coverage Issues
In addition to representing our clients in court and in arbitrations, we work closely with our clients' high-level management to determine strategic approaches to coverage issues in light of our clients' portfolio-wide concerns. Our practice emphasizes prompt, timely and excellent client service that sets us apart from others. We provide advice on coverage questions, prepare projections of future liability based upon different allocation methods, assist claim analysts in analyzing difficult issues, stay abreast of developing coverage and tort issues, and propose policy language and assist with policyholder communications to limit exposure to mass tort claims, class action lawsuits, and other risks.

We also help our clients practice "preventive law" through tailored educational programs on subjects ranging from changes in the law to strategies for avoiding claims of bad faith. As part of our client service commitment, we provide presentations in clients' offices on a wide variety of insurance and litigation topics.

Sample past presentations have involved topics such as:

  • Confidential settlement agreements;
  • Client relations;
  • The duty to defend;
  • E-discovery;
  • Allocation of long tail claims and products/non-products coverage;
  • Successor corporation and additional insured coverage;
  • Avoiding bad faith;
  • Settlement credits, effect of non-cumulation clauses, and sistership exclusions;
  • Coverage issues relating to global warming, financial fraud, mold, welding rods, benzene and other mass torts; and
  • Multi-year policy limits and number of occurrences.

Advanced Technology Case Coordination Capabilities
CBM has extensive experience supervising and managing complex litigation on behalf of our clients. We maintain and administer an extensive computerized databank containing significant information developed in each case. The system stores, organizes and retrieves information relating to every aspect of the case, including coverage analysis, pleadings, motions, discovery, depositions, experts and document production.

The efficiency and success of our insurance group is directly related to our ability to organize, store, search and retrieve the massive amount of information, materials and data generated in each case. Moreover, given the geographic dispersal of local counsel, our clients and the matters we handle, immediate, direct, and cost-effective communications and data transfer between the various members of our team are paramount. CBM is a leader in using state-of-the-art technology to serve our clients' needs. Our investment in technology includes a full-time, professional information technology department with some of the most capable professionals in the field.