Insurance Litigation & Coverage
We have represented a leading manufacturer of building materials in insurance litigation involving thousands of construction claims throughout all 50 states.
Our firm is national coordinating counsel for a number of insurance carriers, and regularly directs litigation ranging from employment defense claims in Massachusetts to toxic tort claims in California. We are respected by insurance professionals around the country for our 50-state trial capability, and our lawyers also regularly appear in appellate courts around the country. Often our trial and appellate accomplishments involve precedent-setting cases, and Thompson Coe insurance litigators have made case law in states from Texas to Tennessee.
Thompson Coe’s insurance coverage litigators defend insurers in claims involving virtually every area of insurance law. Our practice includes representation of insurers in state and federal trial courts, and we have advised carriers on international claims implicating both master and local coverages.
Our insurance lawyers represent insurers in first-party litigation throughout the country. We have defended insurers against lawsuits alleging:
- Bad faith
- Breach of contract
- Violations of state insurance codes and consumer protection statutes
We also defend insurers in coverage matters related to general premises liability, vehicular accidents, and construction and real estate claims, as well as those involving business disputes over:
- Professional liability
- Deceptive trade practices
- Trade secret disclosure
- Director and officer liability
- Products liability
- Environmental liability.
Although common law and statutory bad faith cases arising from the denial of or delay in payment of policy benefits can potentially expose insurers to significant damages, our lawyers have substantial experience in evaluating such exposure, and, if necessary, trying such cases to verdict. These types of cases include, but are not limited to, personal and commercial property claim disputes, workers’ compensation benefits and claims for life, health and disability benefits.
One of our primary strengths is the ability to advise primary and excess insurers faced with Stowers claims in the settlement context. The Stowers doctrine creates excess liability for insurers, based upon rejection of the settlement demand within policy limits.
For decades it has been a major extra-contractual concern for insurers in Texas, where Stowers cases are difficult to win, but Thompson Coe has proven capabilities to handle Stowers litigation.
We also represent insurers in civil lawsuits brought by other insurers, corporate policyholders and class action claimants. Although we excel at trial representation, Thompson Coe is effective at filing declaratory judgment actions on behalf of insurers to minimize claims liability.
Thompson Coe has been at the forefront of defending insurers in state and federal courts in class actions in Texas and across the country. Thompson Coe’s attorneys broad experience in insurance law and regulation give them a unique ability to defend class allegations against insurers. Among the areas Thompson Coe attorneys have defended in class actions are:
- Policy interpretation
- Diminished value
- Workers’ compensation rating and premiums
- Personal lines rating and premiums
- Discrimination in underwriting and pricing
- Financial stability rating and credit scoring
- Bill review systems
- Manual Rule compliance.
Life, Health and Disability Claims
With our aging population and increased claims under life, health and disability policies, insurers providing such products will need experienced and efficient counsel to assist in the evaluation and litigation of such claims. Our attorneys have substantial experience in advising insurers on coverage issues relating to such policies and on timely responding to such claims. Thompson Coe attorneys also have substantial experience in litigating coverage disputes under these types of policies under state law or, in the case of group employer policies, in federal courts under ERISA.
One of our team members was lead counsel in the Exxon Corp. et. al. v. Insurance Company of North America, et. al. environmental coverage litigation in California Superior Court, involving thousands of sites in the U.S. and Canada.
Thompson Coe insurance coverage litigators have experience handling environmental claims brought under comprehensive general liability policies, issued from the 1950s through today. We fully understand the legal nuances inherent in environmental coverage disputes, including the evolution of the exclusion clauses contained in many policies. As a result, we can assist insurers with coverage investigation and analysis, and play an active role in declaratory judgment actions brought by insurers against their insured.
We also represent insurers in toxic tort or environmental contamination claims, brought directly by the insured or third-party claimants.
Thompson Coe has one of the most sophisticated appellate practices, and is active in some of the most important appellate cases involving insurance issues that come before higher courts in both the state and federal appellate systems. Our lawyers regularly handle matters before the U.S. Fifth Circuit Court of Appeals, the Texas Supreme Court, and the Texas appellate courts.
Thompson Coe offers an unusually effective combination of national coverage and claims defense litigation capabilities. Most insurance law firms focus on one of these two areas – our ability to assist insurers with both enables us to provide comprehensive and cost-effective counsel. With detailed knowledge of case law and policy terms, exceptional discovery capabilities, and a practical understanding of the best approach to resolving bad faith claims, our firm offers comprehensive litigation and coverage capabilities nationwide.