Few areas of the practice of law are more demanding than insurance coverage analysis and litigation. Successful practice in this area requires:
- A thorough knowledge of insurance policy language and the intent behind it.
- An ability to ferret out the real issues, with knowledge of how those issues will likely play out early in the process--so that unnecessary or futile expense and litigation can be avoided.
- An ability to recognize and manage issues of potential bad faith.
- An ability to communicate the intent and content of insurance policies in a way judges and juries (who have little understanding or regard for insurance intricacies), can understand them.
The Kitch firm has long been recognized by insurers, insurance agents and large insurance purchasers for its ability to capably meet all these criteria and more. From the first inkling of a coverage dispute, through the reservation of rights letter, non-waiver agreements, and coverage denial letter stage, and into the litigation or arbitration of direct and declaratory actions, the firm provides enthusiasm, creativity, initiative, and positive direction to what many other lawyers dismiss as an area of the law that is just too boring and complicated to give their attention.
Although we are regularly commended for insightful, comprehensively-written coverage analyses, we can also offer "quick hitter" analyses if that's what a client prefers. These involve bullet-pointing key issues and working out those issues through discussion--putting the handling of coverage issues on track without intense lawyer involvement.
Based upon its complex litigation experience and its extensive knowledge of insurance and risk management--including service by firm members on insurance company boards--the Kitch firm helps its clients manage and litigate a wide variety of risks and insurance types.
The types of policies we have addressed include: professional liability, errors and omissions liability, general liability, property, automobile liability, director and officer liability, and life, disability and health (including representation in third party administrator issues).
In addition, we have played a major role in the development of many healthcare captive insurance and self-insurance programs. Our clients have included a "who's who" of insurers, many insurance agents and dozens of larger purchasers of insurance and holders of self-insurance programs. The Kitch firm's experienced litigators also provide clients with a sense of security if insurance coverage disputes become litigated.
Examples of the firm's insurance coverage-related work include:
Analysis. Coverage advice and formal opinions, bad faith vulnerability review and guidance, preparation of letters to and agreements between insurers and insured (reservation of rights, non-waiver, denial, responses to the foregoing).
Litigation. Declaratory judgment actions, direct actions, policy garnishments, and bad faith cases.
Underwriting Support. Drafting and editorial review of professional liability, general liability, property policies; underwriting review of potential insured
Risk Management. Evaluation and review of risk management programs, protection of file confidentiality, and assessment of liability exposures in business transitions.
