Insights
Insurance Coverage Litigation Strategies: How to Sue and Be Sued
July 1, 2024
Defending insurance company clients in state and federal court in complex coverage matters involving first- and third-party policies and claims of breach of duty to defend and indemnify, bad faith allegations, violation of various Unfair Claims Practices Acts and breach of contract.
Defending insurance company clients in state and federal courts involving issues related to identification of insureds, application of form and manuscript exclusions and provisions, allegations of waiver and estoppel, allocation and application of “other insurance” clauses, personal and advertising injury analysis, existence of covered damages under environmental policies, policy interpretation issues, reformation and rescission issues, coverage for alleged sexual assault and/or abuse, and additional insured issues.
Representing insurance company clients in state and federal appellate courts in matters involving breach of the duty to defend and bad faith on first- and third-party policies, allocation and application of self-insured retentions and deductibles, use of extrinsic evidence in determining the duty to defend and coverage for alleged trade secret infringement, and reformation and rescission issues, E&O and EPLI issues.
Counseling and providing coverage opinions to insurance company clients regarding the potential for the existence of coverage and potential duty to defend and extra-contractual implications for issues involving professional liability E&O policies, EPLI and D&O policies, first-party property policies, commercial auto policies, commercial general liability policies, umbrella and excess policies, environmental policies, workers’ compensation and employers’ liability policies, first-party property policies, standard and surplus lines policies.
Defending insurance company clients in state and federal court in complex coverage matters involving first- and third-party policies and claims of breach of duty to defend and indemnify, bad faith allegations, violation of various Unfair Claims Practices Acts and breach of contract.
Defending insurance company clients in state and federal courts involving issues related to identification of insureds, application of form and manuscript exclusions and provisions, allegations of waiver and estoppel, allocation and application of “other insurance” clauses, personal and advertising injury analysis, existence of covered damages under environmental policies, policy interpretation issues, reformation and rescission issues, coverage for alleged sexual assault and/or abuse, and additional insured issues.
Representing insurance company clients in state and federal appellate courts in matters involving breach of the duty to defend and bad faith on first- and third-party policies, allocation and application of self-insured retentions and deductibles, use of extrinsic evidence in determining the duty to defend and coverage for alleged trade secret infringement, and reformation and rescission issues, E&O and EPLI issues.
Counseling and providing coverage opinions to insurance company clients regarding the potential for the existence of coverage and potential duty to defend and extra-contractual implications for issues involving professional liability E&O policies, EPLI and D&O policies, first-party property policies, commercial auto policies, commercial general liability policies, umbrella and excess policies, environmental policies, workers’ compensation and employers’ liability policies, first-party property policies, standard and surplus lines policies.
Defending insurance company clients in state and federal court in complex coverage matters involving first- and third-party policies and claims of breach of duty to defend and indemnify, bad faith allegations, violation of various Unfair Claims Practices Acts and breach of contract.
Defending insurance company clients in state and federal courts involving issues related to identification of insureds, application of form and manuscript exclusions and provisions, allegations of waiver and estoppel, allocation and application of “other insurance” clauses, personal and advertising injury analysis, existence of covered damages under environmental policies, policy interpretation issues, reformation and rescission issues, coverage for alleged sexual assault and/or abuse, and additional insured issues.
Representing insurance company clients in state and federal appellate courts in matters involving breach of the duty to defend and bad faith on first- and third-party policies, allocation and application of self-insured retentions and deductibles, use of extrinsic evidence in determining the duty to defend and coverage for alleged trade secret infringement, and reformation and rescission issues, E&O and EPLI issues.
Counseling and providing coverage opinions to insurance company clients regarding the potential for the existence of coverage and potential duty to defend and extra-contractual implications for issues involving professional liability E&O policies, EPLI and D&O policies, first-party property policies, commercial auto policies, commercial general liability policies, umbrella and excess policies, environmental policies, workers’ compensation and employers’ liability policies, first-party property policies, standard and surplus lines policies.
Katherine Tammaro (Partner-Madison, NJ) received a unanimous affirmance for the NJ Supreme Court following oral argument in September. On December 12, the court affirmed Kate’s wins at the Trial and Appellate levels. Essentially, the court held that an employer’s liability insurer will never have a coverage obligation, including any duty to defend, in a suit by an employee against an employer when that insurer is paying workers’ compensation benefits and the policy at issue contains the New Jersey Part Two (Employers Liability Endorsement) exclusion for claims within the New Jersey workers’ compensation exclusivity bar exception or similar language, which the Court found to be clear, unambiguous, and in accordance with the public policy of New Jersey.
Katherine E. Tammaro