Insurance Coverage

When litigation with a policyholder is necessary, we understand that finding the right venue is essential. Our team of lawyers have appeared in every federal circuit and the Supreme Court. We have been involved in litigating:

• the meaning of "property damage";
• the coverage afforded for "additional insureds" arising out of a catastrophic accident;
• the obligation to defend an insured in claims seeking damages for unfair competition and infringement; and
• claims involving sexual assault and murder.

We know — and have often made — the law that applies to the trigger of coverage and allocation of defense and indemnity. In courts throughout the country, we are recognized and respected.

Our lawyers have successfully defended insurers against allegations of “bad faith,” either by obtaining summary judgment or litigating "bad faith" claims. Whether the allegations are based on claim handling or “bad faith” failure to settle, we represent our clients aggressively and effectively. Also, we regularly conduct educational seminars designed to raise awareness and avoid extra contractual claims.

In addition, Hinshaw attorneys have served as leaders in the insurance industry in the analysis and development of claims made insurance coverages. We recognize the challenging coverage issues that arise out of insurance provided to professionals, directors and officers. We have handled litigation involving prior notice, dishonest acts, late reporting, and allocation of defense and indemnity.

Finally, we have prevailed in litigation involving an insured professional's involvement in an uninsured enterprise. We have convinced courts to uphold the "claims made and reported" requirements in professional liability policy. We have found interim funding and non-waiver agreements, as well as mediation and arbitration to be particularly useful in disputes involving insured professionals as well as directors and officers.