Declaratory Judgment Actions and Bad Faith Defense

 

Our Insurance Coverage Practice Group attorneys are experienced in litigating insurance cases through declaratory judgment actions. The members of the LGWM Insurance Coverage Practice Group are aware of the advantages of resolving insurance coverage cases early. When litigating insurance coverage declaratory actions, our team always has an eye towards reducing costs and attorney’s fees, through limited discovery, and providing early resolution opportunities for insurers, rather than waiting for insureds to take peremptory action. Our attorneys have experience litigating declaratory judgment actions in state and federal courts and are knowledgeable of certain local law and practices which make declaratory judgment actions more or less favorable to insurers in different jurisdictions.

 

The Insurance Coverage Group at LGWM also advises and defends insurance companies in bad faith actions. Bad faith cases may expose insurers to significant punitive or exemplary damages where the insured claims the insurer failed to satisfy the duties of good faith and fair dealing. Our coverage team assists carriers by reviewing and monitoring underlying litigations, opining on the potential for bad faith recovery as a result of the claims handling of underlying claims, and providing a thorough defense to insurers in the event a bad faith suit is filed.

 

REPRESENTATIVE MATTERS

  • Represented carrier in Declaratory Action involving coverage under a Pollution Liability policy for gasoline contamination resulting from spill at service station.
  • Represented carrier in Declaratory Action involving coverage under a Premises Pollution Liability policy and a Casualty Premises Pollution policy to obtain judgment for no duty to defend or indemnify for multiple class actions arising from tanker release of Dipropylamine.
  • Represented carrier in Declaratory Action involving coverage under insurance company errors and omissions policy where insured settled bad faith claim for millions of dollars without carrier’s consent.
  • Represented carrier in coverage arbitration in New York under Broker Dealer errors and omissions policy where insured sought compensatory and punitive damages exceeding $1,000,000.
  • Represented carrier in Declaratory Action by insured for defense and indemnity under a Public Officials Professional Liability policy for underlying claims of discrimination against insured.
  • Represented carrier in Declaratory Action by insured for indemnity under Securities Broker Dealer Policy for trade errors by insured.

Department Head


Steve Whitehead
steve@lgwmlaw.com
205-967-8822