Insurer Litigation: Coverage/Extra-Contractual

     
       

Overview

Litigation alleging extra-contractual claims presents insurers with unique risks and increasingly severe exposures. The fate of bottom lines and even time-honored brands often rests in the hands of juries that many consider predisposed to side with plaintiffs, regardless of evidence or reason.

Confronted with assertions of bad faith − typically challenging a company-wide or industry-wide policy or practice − carriers need more than good coverage counsel. They need a team of dedicated and experienced attorneys familiar with the substance and subtleties of this distinct realm of law.

As dictated by the distinct character of each case, team members frequently draw on the considerable resources of our Insurance & Reinsurance Coverage practice and the experience of colleagues associated with other practice groups.

Similarly, the ligation of coverage issues is complex, with unfamiliar terms, shifting burdens of proof and archaic rules of construction not easily understood by those outside the industry. Our experienced attorneys can guide you through these challenges.

Wilson Elser’s accomplished Insurance Litigation attorneys, strategically positioned throughout the United States, handle all aspects of coverage and extra-contractual cases – first and third party −  from inception to resolution, especially at trial. We have compiled an enviable record of success defeating individual and class claims seeking actual and consequential damages, statutory penalties, punitive damages, attorneys’ fees and policy benefits.

Beginning with the initial evaluation, we establish a consistent, compelling theme that informs our approach throughout a case. While we are often able to defeat a plaintiff’s case at the outset, should a matter require trial, we do not hand it off to other attorneys. As the name asserts, Wilson Elser’s Insurance Litigation practice members are well credentialed in coverage and litigation. We know our way around courthouses, having tried complex coverage and extra-contractual cases to verdict and represented carriers in numerous appeals.

As dictated by the distinct character of each case, team members frequently draw on the considerable resources of our Insurance & Reinsurance Coverage practice and the experience of colleagues associated with other practice groups. Disciplines honed over nearly 40 years of working in the insurance industry enable us to bring these resources to bear with the highest levels efficiency, integrity and reliability.

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