Insurance Coverage

Practice Area

Insurance Coverage

The Insurance Coverage Practice focuses on interpreting contracts of all kinds and representing insurers in complex coverage claims. Such representation includes monitoring, mediations, arbitrations and declaratory relief litigation in state and federal courts throughout the United States.

The coverage group’s experience encompasses a wide variety of insurance matters, such as:

Insurance coverage related to general liability, professional liability, homeowners, title, disability, accident and health, life, jeweler’s block, inland marine, multi-peril business and customized (manuscript) policies;
Insurance coverage for employment practices including wrongful termination, sexual harassment, employment discrimination, federal Title VII and EEOC, State Fair Employment and Housing Act, employment contract claims and age discrimination claims;
Insurance coverage related to construction defect litigation, including coverage issues arising out of land subsidence and related problems;
Insurance coverage disputes arising out of national products liability litigation;
Insurance coverage related to pollution and toxic tort claims, such as CERCLA claims by state and local environmental authorities, and claims by private parties against one another;
Insurance coverage related to intellectual property litigation (including patents, copyrights, trademarks, trade names, licenses and trade secrets) and arising out of “advertising injury” or “personal injury” policy provisions (including defamation, disparagement and invasion of privacy);
Insurance coverage with respect to rights and obligations of parties under directors and officers liability policies;
Insurance coverage related to errors and omissions policies, including policies issued to lawyers, accountants, insurance agents and real estate agents;
Claims involving interpretation of excess and umbrella policies, including “drop down” issues;
Interpleader actions;
Reinsurance;
Monitoring of, and fee arbitrations against, “independent counsel” selected by insureds;
Policy drafting and insurance forms drafting.

Our experience in insurance coverage essentially extends to all major types of insurance. Recently, Lewis Brisbois has been involved in a number of significant coverage matters involving such diverse issues as the Taco Bell Chihuahua ads, an MTV music video programming dispute, pet food poisoning cases, multiple mortgage scams and other business fraud claims, the “big rig pile-up” on Interstate 5 in Los Angeles and the liability of a “hostage rescue” firm for the disappearance of a corporate officer in Venezuela. We are confident that there is no law firm better able to provide quality coverage advice to the insurance industry than Lewis Brisbois.

National Coordinating Chair

Lane Ashley
Partner
213.580.7974

Chairs

Vice Chairs

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June 12, 2018 David Doyle v. Fireman’s Fund Insurance Company
June 12, 2018 Shelly Albert v. Truck Insurance Exchange
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June 12, 2018 Dowdy v. Metropolitan Life Insurance Company
June 12, 2018 Heckart v. A-1 Self Storage, Inc.
June 12, 2018 Nielsen Contracting, Inc. v. Applied Underwriters, Inc.
March 19, 2018 Victaulic Company v. American Home Assurance Company
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March 19, 2018 McMillin Albany LLC v. Superior Court
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December 13, 2017 American Cargo Express, Inc. v. Superior Court
December 12, 2017 Citizens of Humanity v. Applied Underwriters, Inc.
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December 12, 2017 The Travelers Property Casualty Company of America v. Actavis, Inc.
September 27, 2017 Zubillaga v. Allstate Indemnity Company
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September 27, 2017 Hovannisian v. First American Title Insurance Company
September 27, 2017 Los Angeles Lakers, Inc. v. Federal Insurance Company
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July 13, 2017 Texas Supreme Court Holds an Insurance Company’s Attorney Billing is not Discoverable on the Reasona
July 11, 2017 Lewis Brisbois Atlanta Coverage Team Makes New Law in Georgia
July 11, 2017 Louisiana Appellate Court Holds Exchange of Emails Between Attorneys Insufficient to Bind Settlement
July 11, 2017 Texas Legislature Aims to Curb First-Party Property Insurance Abuses Occasioned by Weather Related e
July 11, 2017 Fifth Circuit Upholds Order Requiring Seafood Company to Repay $1 Million Fraudulent Deepwater Horiz
July 11, 2017 Fifth Circuit Upholds Dismissal of Louisiana Property Owner’s Suit Against Oil Company
July 11, 2017 In Texas, Surface Estate Owner Does Have the Ability To Allow Subsurface Horizontal Drilling Despite
July 11, 2017 Texas Appellate Court Advises if You Claim Under A Contract, You Are Subject To All Its Terms, Even
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June 20, 2017 Southern Insurance Company v. Workers’ Compensation Appeals Board
June 20, 2017 Orzechowski v. Boeing Company Non-Union Long-Term Disability Plan
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June 20, 2017 Teleflex Medical Incorporated v. National Union Fire Insurance Company of Pittsburgh, PA
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April 03, 2017 Unauthorized Debit Card Redemptions Are Not Covered by Computer Fraud Provision
April 03, 2017 No Duty Owed By Architect To Adjacent Property Owner Under Louisiana Law
April 03, 2017 Through a Condo Owner’s Looking Glass - A Shade of Green – or is that Gray?
April 03, 2017 Collateral Source Rule Applies to Louisiana Workers’ Compensation Insurance Payments
March 16, 2017 Association of California Insurance Companies v. Jones
March 16, 2017 Pitzer College v. Indian Harbor Insurance Company
March 16, 2017 Medina v. Geico Indemnity Company
December 20, 2016 Fifth Circuit Finds Claims Against First-Party Insurer Time Barred Despite Absence of Written Denial
December 20, 2016 Denial of Coverage for Temporary Substitute Automobile found to Violate Louisiana Public Policy
December 20, 2016 Florida Supreme Court Holds Bad Faith By Insurer Not Required for Award of Insured’s Attorney’s Fees
December 20, 2016 Texas Court Enforces Forum Selection Clause and Dismisses Case
December 20, 2016 Fifth Circuit Interprets Collateral Source Rule to Limit Recovery by Plaintiff to Medical Expenses P
December 20, 2016 Attorney Not Entitled to Defense Against Claim for Reimbursement of Fees
December 20, 2016 Louisiana Court Refuses to Find Admiralty Jurisdiction over Personal Injury Occurring on a Trailered
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December 12, 2016 Attorneys Liability Protection Society, Inc. v. Ingaldson Fitzgerald, P.C.
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December 12, 2016 Tidwell Enterprises, Inc. v. Financial Pacific Insurance Company, Inc.
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December 12, 2016 Mills v. AAA Northern California, Nevada and Utah Insurance Exchange
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September 27, 2016 Florida Federal Court Denies Bad Faith Failure to Settle Claim Where Insured’s Liability was Unclear
September 27, 2016 Louisiana Supreme Court Adopts Pro Rata Approach to Defense Costs Allocation in Long Latency Cases
September 26, 2016 Dueling Policies: When Excess Carriers Face Off In Mississippi
September 26, 2016 Texas Supreme Court Reverses $71 Million Judgment and Upholds Policy Exclusion for Leased-in Workers
September 22, 2016 American Family Mutual Insurance Company v. Hansen
September 20, 2016 Demer v. IBM Corporation LTD Plan
September 20, 2016 Truck Insurance Exchange v. Workers’ Compensation Appeals Board
September 20, 2016 Travelers Casualty Insurance Company of America v. Hirsh
September 20, 2016 People v. Lexington National Insurance Corporation
September 20, 2016 Baldwin v. AAA Northern California, Nevada & Utah Insurance Exchange
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September 20, 2016 Barickman v. Mercury Casualty Company
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June 28, 2016 Attorney-Negotiated Discounts Do Not Fall Within Collateral Source Rule
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June 22, 2016 California Insurance Guarantee Association v. Workers’ Compensation Appeals Board
June 22, 2016 Nickerson v. Stonebridge Life Insurance Company
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March 31, 2016 FL Court Allows Insurer to Withhold Payment for Sinkhole Damage Repairs Until Contract is Entered
March 31, 2016 Federal District Court in TX Dismisses Suit Against Claims Adjuster on Basis of Fraudulent Joinder
March 31, 2016 Fact Findings of District Court Only Reversed on Appeal if Clearly Wrong
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March 28, 2016 Nationwide Mutual Insurance Company v. Shimon
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December 23, 2015 Summary Judgment on Maintenance and Cure Denied After Plaintiff Found at MMI and Question of Entitle
December 23, 2015 Supreme Court of Texas Declines to Rule on Attachment of Excess Coverage
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December 23, 2015 Louisiana Third Circuit Holds Accident Medical Expense Benefit Provision Ambiguous
December 23, 2015 Texas Supreme Court Weighs In On Physical Injury Under CGL Policy - Incorporation or Actual Harm?
December 23, 2015 Prompt Payment Required Under Policy Cannot Be Delayed Due to Potential for Contractual Indemnity
December 23, 2015 LA Court Interprets “Arising Out Of” and “Additional Insured” Provisions in FEMA Trailer Contracts
December 23, 2015 Failure to Accept or Deny Claim Within 15 Days of Receipt of Adequate Information Warranted Statutor
December 23, 2015 Louisiana Third Circuit Affirms No Duty to Defend or Provide Coverage
December 16, 2015 Grebow v. Mercury Insurance Company
December 16, 2015 Underwriters of Interest Subscribing to Policy No. A15274001 v. ProBuilders Specialty Insurance Co.
September 28, 2015 RSL Funding, LLC v. Alford
September 28, 2015 First American Title Ins. Co. v. Spanish Inn, Inc.
September 28, 2015 Fluor Corp. v. Superior Court
September 28, 2015 21st Century Insurance Company v. Superior Court
September 28, 2015 Sequeira v. Lincoln National Insurance Company
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September 26, 2015 Texas Case Warrants Over $4 Million in Attorneys’ Fees
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September 26, 2015 EPA Suit for CERCLA Cleanup Triggered CGL Insurer’s Duty to Defend
September 26, 2015 Claims Made Policy’s Notice Provision Enforced By Texas Appeals Court
September 26, 2015 Efforts Fail to Have Insurance Policy Buy Out Require Insured to Step into Shoes of Defunct Carriers
September 26, 2015 Fifth Circuit Opens The Floodgates
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June 30, 2015 Guam Industrial Services, Inc. v. Zurich American Insurance Company
June 30, 2015 Stankova v. Metropolitan Property and Casualty Insurance Company
June 30, 2015 Prichard v. Metropolitan Life Insurance Company
June 30, 2015 Association of California Insurance Companies v. Jones
June 30, 2015 Centex Homes v. St. Paul Fire and Marine Insurance Company
June 30, 2015 Albert v. Mid-Century Insurance Company
June 30, 2015 Crown Capital Securities, L.P. v. Endurance American Specialty Insurance Company
June 30, 2015 Ong v. Fire Insurance Exchange
March 25, 2015 Alterra Excess And Surplus Insurance Co. v. Estate Of Buckminster Fuller
March 25, 2015 Bonnie Dubeck v. California Physicians’ Service
March 25, 2015 Jessica Gonzalez v. Fire Insurance Exchange
March 25, 2015 Windsor Food Quality Company, Ltd. v. The Underwriters Of Lloyds Of London
March 25, 2015 McMillin Companies LLC v. American Safety Indemnity Company
March 25, 2015 Coastal Surgical Institute v. Blevins
March 18, 2015 Fifth Circuit Accepts McCorpen Defense and Reverses District Court Award of Punitive Damages
March 18, 2015 Insurer Liable for $6.3 Million in Attorneys’ Fees and Costs in Katrina Coverage Dispute
March 18, 2015 TX Supreme Court Overrules Case Law & Allows Admissibility of Seat Belt Evidence to Apportion Fault
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March 18, 2015 Yacht Club Sent Sailing Over Late Notice To Insurer
December 19, 2014 Stephens & Stephens XII, LLC V. Fireman’s Fund Insurance Co.
December 19, 2014 Elliott v. Geico Indemnity Company
December 19, 2014 Graciano v. Mercury General Corporation
December 19, 2014 Louisiana State Court Declares Unconstitutional New Bill Passed to Prohibit Coastal Erosion Lawsuit
December 19, 2014 No Duty to Defend Well Blow-Out Suit Based on Professional Services Exclusion
December 19, 2014 Fifth Circuit Permits Excess Carrier’s Bad Faith Claim Against Primary Insurer
December 19, 2014 Fifth Circuit Limits Effect of Contractual Liability Exclusion
December 19, 2014 Federal Court Applies Bacteria Exclusion to Preclude Coverage for Legionnaires Disease Class Action
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October 15, 2014 Baek v. Continental Casualty Group
October 15, 2014 Mercury Casualty Company v. CHU
October 15, 2014 Scottsdale Indemnity Company v. National Continental Insurance Company
October 15, 2014 Jon Davler, Inc. v. Arch Insurance Company
October 15, 2014 Douglas v. Fidelity National Insurance Company
October 15, 2014 Encompass Insurance Company v. Coast National Insurance Company
October 15, 2014 Interstate Fire & Casualty Company, Inc. v. Roman Catholic Church Of The Diocese Of Phoenix
October 15, 2014 Sutter Health v. Superior Court
September 16, 2014 Outside Coverage Counsel’s File Discoverable in Bad Faith Litigation
September 16, 2014 Section 905(b) of the LHWCA Applied to Void Indemnity Under Contract and Insurance Policy
September 16, 2014 Texas Jury Award of Bad Faith Penalties Upheld by Appellate Court
September 16, 2014 Excess Policies Triggered for Hurricane Ike Claims Even Where Underlying Policies Were Exhausted
September 16, 2014 Total Pollution Exclusion Upheld Despite Endorsement Adding Coverage for Underground Resources
September 16, 2014 Louisiana High Court Upholds Enforceability of Claims-Made-And-Reported Policy Provisions
July 15, 2014 Maslo v. Ameriprise Auto & Home Insurance
July 15, 2014 Upasani v. State Farm General Insurance Company
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July 15, 2014 Hartford Casualty Insurance Company v. Swift Distribution, Inc.
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July 15, 2014 Pyramid Technologies, Inc. v. Allied Public Adjusters, Inc.
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April 11, 2014 Hui v. Sturbaum
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March 17, 2014 General Contractor Not an Additional Insured for Faulty Workmanship Under Subcontractor’s Policy
March 17, 2014 A Forklift is a Motor Vehicle Under Louisiana’s UM Statute
March 17, 2014 New York’s Highest Court Reverses Its K2 Decision
March 17, 2014 Divided Louisiana Supreme Court Winds Its Way Through Louisiana’s Direct Action Statute
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December 12, 2013 Berendes v. Farmers Insurance Exchange
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October 25, 2013 Progressive Choice Insurance Co. v. California State Automobile Association Inter-Insurance Bureau
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November 13, 2018 Three Lewis Brisbois Partners to Speak at December CLM Conference in New York
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August 28, 2018 Richard Wolf Discusses Collapse Coverage in Recent Article
July 06, 2018 Lewis Brisbois Obtains Declaratory Judgment in Failure to Cooperate Case
June 22, 2018 N.Y. Team Obtains Summary Judgment in First-Party Action Concerning Gas Piping Replacement at Large Residential Cooperative Apartment Building
May 07, 2018 Dean McVay Honored as ‘Adjunct Professor of the Year’
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April 06, 2017 Richard Wolf Published in Claims Journal

Related Newsletters

September 28, 2018 Insurance Coverage & Bad Faith Newsletter - Summer/Fall 2018
June 12, 2018 Insurance Coverage & Bad Faith Newsletter - Spring 2018
March 21, 2018 Insurance Coverage & Bad Faith Newsletter - Winter 2018
December 15, 2017 Insurance Coverage & Bad Faith Newsletter - Winter 2017
September 29, 2017 Insurance Coverage & Bad Faith Newsletter - Summer/Fall 2017
July 14, 2017 Gulf Coast Legal Update - Summer 2017
June 21, 2017 Insurance Coverage & Bad Faith Newsletter - Spring 2017
April 05, 2017 Gulf Coast Legal Update - Spring 2017
March 16, 2017 Insurance Coverage & Bad Faith Newsletter - Winter 2017
December 21, 2016 Gulf Coast Legal Update - Winter, 2016
December 13, 2016 Insurance Coverage & Bad Faith Newsletter - December 2016
September 28, 2016 Gulf Coast Legal Update - Fall, 2016
September 23, 2016 Insurance Coverage & Bad Faith Newsletter - Summer/Fall, 2016
June 29, 2016 Gulf Coast Legal Update - Summer, 2016
June 24, 2016 Insurance Coverage & Bad Faith Newsletter - Spring/Summer, 2016
March 28, 2016 Insurance Coverage & Bad Faith Newsletter - March, 2016
December 17, 2015 Insurance Coverage & Bad Faith Newsletter - December, 2015
September 30, 2015 Insurance Coverage & Bad Faith Newsletter - Fall, 2015
July 01, 2015 Insurance Coverage & Bad Faith Newsletter - Spring-Summer, 2015
March 26, 2015 Insurance Coverage & Bad Faith Newsletter - Winter, 2015
July 22, 2014 Insurance Coverage & Bad Faith Newsletter - Spring-Summer, 2014
April 18, 2014 Insurance Coverage & Bad Faith Newsletter - December, 2013
April 18, 2014 Insurance Coverage & Bad Faith Newsletter - Winter, 2014
August 14, 2013 Insurance Coverage & Bad Faith Newsletter - Spring-Summer, 2013

Related Webinars & Seminars

January 17, 2019 Risk Transfer & AI Endorsements