Insurance

Insurance

With extensive experience representing both insurance companies and insured individuals and businesses in coverage disputes, Gallagher & Kennedy attorneys skillfully navigate the legal landscape of the insurance industry to best serve our clients’ needs. For insurance companies, we advise on insurance coverage and appropriate claims-handling practices and defend against breach of contract or bad faith claims. For insureds and individuals and businesses seeking insurance coverage, we provide coverage analysis and representation in breach of contract and bad faith claims against insurance companies.

Our experience representing both sides of insurance disputes enables our team to provide a balanced, well-informed analysis of the issues and overall better services to our clients.

 

INSURANCE COMPANIES

Gallagher & Kennedy’s team of seasoned litigators have successfully defended insurance companies in individual and class action lawsuits and arbitrations alleging breach of contract and insurance bad faith. Our team’s ability to represent carriers in these high-stakes cases is enhanced by our knowledge and familiarity with insurance underwriting and claims-handling practices, as well as the complex case law governing permissible assignments of claims against insurers.

When our insurance company clients are facing claims made under their insurance policies or against their insureds, we help insurers determine whether there is coverage and the extent of the insurer’s legal obligations under the insurance policy. We also advise insurers about the statutory and common law requirements applicable to their claims-handling practices, including how to respond to competing claims against a single policy, policy-limit demands, and a variety of other complex claims scenarios.

 

INDIVIDUALS & BUSINESSES

For individuals and businesses seeking insurance coverage, we provide an in-depth analysis of the proposed insurance policies to ascertain whether the coverage is sufficient to protect them against known or foreseeable risks.

For those already insured, we evaluate the adequacy of current coverage in response to a change in personal or business-related circumstances. When an insured seeks to bring suit for bad faith or a claim arises as the result of a lawsuit or loss, we advise our insured clients about the terms of their insurance coverage to develop a strategic action plan, including evaluating the language of the policy and the insurer’s compliance with its good faith obligations.

Throughout our 45-year history, we have represented numerous individuals and businesses in arbitration and lawsuits against their insurance companies for breach of contract and bad faith conduct. In many cases, after a client’s insurer has initially denied coverage or issued a reservation of rights, we successfully persuade the insurer to agree to indemnify or withdraw its reservation.