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When Is Late Notice Really Too Late?
Q3 2025 - Coverage Matters
Janet Tolbert focuses her practice on third-party insurance coverage matters, acting as monitoring counsel and directly representing insurance companies in coverage litigation in state and federal trial and appellate courts.
As monitoring counsel, Janet assesses insurance coverage issues arising from complex litigation involving directors and officers and other professionals, including securities fraud claims, shareholder derivative actions, governmental investigations, legal malpractice, and employment practices claims. Her experience also includes matters involving commercial general liability and business auto policies.
As litigation counsel, Janet handles high-stakes bad faith and breach of contract litigation for insurance clients and advises on policy interpretation, claims handling, and claim resolution. She has obtained favorable rulings on numerous dispositive motions in complex coverage disputes on issues including late notice and prejudice, rescission, application misrepresentations, prior knowledge issues, and CGL personal and advertising injury claims.
Before joining Wilson Elser, Janet served as a staff attorney at the Dallas Court of Appeals and as a law clerk to the U.S. District Court for the Northern District of Texas. Her experience in both the state and federal court systems provides valuable judicial perspective in the matters she handles, particularly with respect to appellate issues, briefing, and motion practice.
Coverage Analysis
As monitoring counsel, Janet assesses insurance coverage issues arising from complex litigation involving directors and officers and other professionals, including securities fraud claims, shareholder derivative actions, governmental investigations, legal malpractice, and employment practices claims. She also has experience analyzing coverage issues under commercial general liability, automobile, and employer’s liability policies.
Litigation / Insurance
Janet handles high-stakes bad faith and breach of contract litigation for insurance clients and advises on policy interpretation, claims handling, and claim resolution. She has obtained favorable rulings on numerous dispositive motions in complex coverage disputes on a range of issues, including late notice and prejudice, rescission, and application misrepresentations.
Securities / Class Action
Janet is experienced with both insurance coverage and substantive issues arising from securities litigation. She is able to respond swiftly and efficiently to her clients’ needs by taking advantage of Wilson Elser’s national platform and cross-practice approach that reaches virtually all jurisdictions and practice areas.
Appellate
Janet has experience handling and assisting with appeals involving both insurance coverage and noninsurance-related matters, with a particular emphasis on appellate briefing.