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Insurance Coverage & Bad Faith Litigation

Insurance Coverage
& Bad Faith Litigation

Shendell & Pollock, P.L. has extensive experience counseling and defending insurers regarding complex insurance coverage matters, including serving as coverage and monitoring counsel for national and international insurance carriers in major coverage litigation. Working closely with insurance company management, claims professionals, and legal staff, we provide advice to clients on the full range of policy and coverage defenses, conduct trials of coverage issues, handle appeals, and represent companies in mediations and arbitrations. Our Insurance Coverage and Litigation Group has a cost-effective and creative case management approach to coverage disputes.
Coverage Litigation:
Our Insurance Coverage and Litigation Group handles a wide variety of litigation across all product lines, including commercial general liability, professional liability, directors and officers liability, commercial property coverage, environmental risk coverage, homeowners policies, and disability coverage, including issues involving:
Whether a claim was made and reported during the policy period;

Whether a claim was made and reported during the policy period;

Whether a claim arises out of the performance of professional services;

Whether a claim arises out of the performance of professional services;

Whether a claim arises out of a “wrongful act”;

Whether a claim arises out of a “wrongful act”;

Whether an insured had knowledge of a “wrongful act” prior to the inception of the policy period;

Whether an insured had knowledge of a “wrongful act” prior to the inception of the policy period;

Whether an insured knew or should have known of the claim prior to the inception of the policy period;

Whether an insured knew or should have known of the claim prior to the inception of the policy period;

Whether an insured breached its duty to cooperate under the terms of a policy;

Whether an insured breached its duty to cooperate under the terms of a policy;

Whether an exclusion for a fraud or dishonest acts applies;

Whether an exclusion for a fraud or dishonest acts applies;

Whether an exclusion for a claim made by an insured against an insured applies;

Whether an exclusion for a claim made by an insured against an insured applies;

Whether there is a duty to prosecute or defend an appeal;

Whether there is a duty to prosecute or defend an appeal;

Whether there was a misrepresentation in the application for insurance;

Whether there was a misrepresentation in the application for insurance;

Whether an insured complied with the notice provision of a policy;

Whether an insured complied with the notice provision of a policy;

Whether a claim arises out of an insured obtaining unearned remuneration;

Whether a claim arises out of an insured obtaining unearned remuneration;

An insurer’s right to recoup non-covered defense costs;

An insurer’s right to recoup non-covered defense costs;

An insurer’s right to defend through counsel of its choice;

An insurer’s right to defend through counsel of its choice;

The nature and extent of an insurer’s duty to settle within policy limits.

The nature and extent of an insurer’s duty to settle within policy limits.

Whether a claim was made and reported during the policy period;

Whether a claim was made and reported during the policy period;

Whether a claim arises out of the performance of professional services;

Whether a claim arises out of the performance of professional services;

Whether a claim was made and reported during the policy period;

Whether a claim was made and reported during the policy period;

Whether an exclusion for a fraud or dishonest acts applies;

Whether an exclusion for a fraud or dishonest acts applies;

Whether there is a duty to prosecute or defend an appeal;

Whether there is a duty to prosecute or defend an appeal;

Whether there was a misrepresentation in the application for insurance;

Whether there was a misrepresentation in the application for insurance;

Whether a claim arises out of an insured obtaining unearned remuneration;

Whether a claim arises out of an insured obtaining unearned remuneration;

The nature and extent of an insurer’s duty to settle within policy limits.

The nature and extent of an insurer’s duty to settle within policy limits.

Whether an insured had knowledge of a “wrongful act” prior to the inception of the policy period;

Whether an insured had knowledge of a “wrongful act” prior to the inception of the policy period;

Whether an insured knew or should have known of the claim prior to the inception of the policy period;

Whether an insured knew or should have known of the claim prior to the inception of the policy period;

Whether an insured breached its duty to cooperate under the terms of a policy;

Whether an insured breached its duty to cooperate under the terms of a policy;

Whether an exclusion for a claim made by an insured against an insured applies;

Whether an exclusion for a claim made by an insured against an insured applies;

Whether an insured complied with the notice provision of a policy;

Whether an insured complied with the notice provision of a policy;

An insurer’s right to recoup non-covered defense costs;

An insurer’s right to recoup non-covered defense costs;

An insurer’s right to defend through counsel of its choice;

An insurer’s right to defend through counsel of its choice;

Bad Faith Litigation:
Our Insurance Coverage and Litigation Group is experienced in evaluating bad faith and other extra-contractual liability claims asserted against insurers and in representing insurers in trials and appeals of bad faith actions involving, among other things regarding allegations of:
Inadequate investigation

Inadequate investigation

Unreasonable failure to defend or indemnify

Unreasonable failure to defend or indemnify

Unfair or improper claims handling

Unfair or improper claims handling

Unfair settlement practices or failure to settle within policy limits

Unfair settlement practices or failure to settle within policy limits

Inadequate investigation

Inadequate investigation

Unreasonable failure to defend or indemnify

Unreasonable failure to defend or indemnify

Unfair or improper claims handling

Unfair or improper claims handling

Unfair settlement practices or failure to settle within policy limits

Unfair settlement practices or failure to settle within policy limits

Our insurance practice also represents insurers with respect to other types of extra-contractual claims, including:
Claims involving loss control and risk management services

Claims involving loss control and risk management services

Alleged conspiracy claims

Alleged conspiracy claims

Alleged improper hiring or supervision of contractors

Alleged improper hiring or supervision of contractors

Alleged breaches of fiduciary duties

Alleged breaches of fiduciary duties

Alleged violations of insurance regulations

Alleged violations of insurance regulations

Alleged fraud and misrepresentation

Alleged fraud and misrepresentation

Claims involving loss control & risk management services

Claims involving loss control & risk management services

Alleged conspiracy claims

Alleged conspiracy claims

Alleged improper hiring or supervision of contractors

Alleged improper hiring or supervision of contractors

Alleged breaches of fiduciary duties

Alleged breaches of fiduciary duties

Alleged violations of insurance regulations

Alleged violations of insurance regulations

Alleged fraud & misrepresentation

Alleged fraud & misrepresentation

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