Insurance

Clients trust our judgment and advice in matters of insurance litigation and coverage.

Mound Cotton Wollan & Greengrass represents the insurance industry in all aspects of its business, including the preparation and conduct of litigation and the steps companies can take to avoid it. Our track record in the defense of first- and third-party claims, the most common area of insurance litigation, is enviable. We also handle lawsuits involving agents and brokers, declaratory judgment actions, proceedings before administrative agencies, subrogation cases, and various other types of litigation, as well as regulatory matters.

Clients frequently ask us to analyze coverage questions. This work involves reviewing the policy language of any clause, exclusion, limitation, or other provision that might relate to coverage or the amount of a claim. We then advise clients on the appropriate course of conduct with regard to an insured, and on how best to protect themselves from improper or excessive claims.

We have practiced in many jurisdictions across the U.S. and globally. Our attorneys have had years of experience in jury trials, non-jury trials, appellate arguments, and administrative and arbitration proceedings.

Many of our partners regularly write articles, author treatises, and lecture extensively within their areas of expertise.

The kinds of issues we’ve litigated for our broad range of insurance clients include:

• Threshold coverage questions relating to the extent to which all-risk or DIC property insurance policies might be called upon.

• Various complex circumstances surrounding a claim, including concurrent causes of loss, the timing and number of occurrences, and non-fortuity.

• The nature, scope, and extent of the coverage afforded by various forms of business interruption insurance.

• Coverage and allocation questions arising out of environmental, toxic tort, and other mass tort claims and litigation.

• Catastrophic loss, such as the coverage issues arising out of the World Trade Center disaster.

• All facets of environmental law, including issues involving federal statutes such as CERCLA and "Superfund" and directives of the EPA and state and local agencies, as well as coverage questions and litigation on behalf of first- and third-party carriers.

• Excess, bad faith, extra-contractual, and punitive damage claims in the context of both first- and third-party coverage.

• Toxic tort litigation, including mass tort claims involving injuries caused by asbestos, asbestos-in-building coverage issues under first- and third-party insurance, lead-paint litigation on both the direct defense and coverage levels, and mold-related claims and lawsuits on behalf of first- and third-party insurers.

• Arson and water-damage claims and other cases involving fraud and misrepresentation by insureds, public adjusters, brokers, accountants, salvors, and appraisers, whether before or after losses have been sustained.

• Specialized coverage, such as marine and aviation risks, plant efficacy and production guaranty insurance, residual value insurance, and other financial guaranty insurance products.

• Litigation and claims on behalf of direct writers, brokers, intermediaries, reinsurers, and state insurance departments arising out of insurance company insolvencies.

• Product liability claims.

• Political risks, war risks, and kidnap/ransom/extortion insurance.

• Subrogation and indemnity recoveries.

• Claims handling, policy drafting, and litigation involving malicious product tampering, accidental contamination coverage, and product recall.

• Professional malpractice, directors and officers, and errors and omissions coverage.

• Claims arising during the course of major construction involving builders’ risk policies, liability policies, and surety bonds, including the defense of labor law-imposed liabilities.

• The interaction between insurance policies that afford coverage for a particular loss, e.g., all-risk, boiler, machinery, or between competing "other insurance" clauses.

• Transit claims, including air, ocean, motor, and rail carriage worldwide.

• The extent to which fidelity bonds can be called upon when financial institutions collapse.

• The evaluation of medical and psychiatric claims, and the wording of health-related policies.

• Internet liability and e-commerce claims.

• Employer liability, including discrimination, harassment, and ERISA claims.