With regard to coverage and extra-contractual litigation in both the first-party and third-party contexts, the breadth of Thompson Coe’s knowledge and experience in this area provides a tremendous benefit to our clients because there are relatively few issues that we have not analyzed from a coverage and extra-contractual liability standpoint. We have extensive experience providing coverage and claims handling advice in situations in which both master and local policies are implicated and understand the underwriting interplay between these coverages. We have also been involved in providing coverage advice in scenarios in which national litigation occurred in product liability or mass tort claims, requiring analysis of multiple lines and multiple years of coverage under the laws of several different jurisdictions.
Thompson Coe’s insurance coverage litigators defend insurers in claims involving virtually every area of insurance law. We have extensive experience handling the complex coverage disputes that arise from natural catastrophes, business interruption, collapse, machinery failure and loss from fire and theft. And we counsel our clients about their duty to defend and pay in cases of significant injury, property damage, construction defects, advertising injury and business torts. Such representation includes monitoring, mediations, arbitrations and declaratory relief litigation in state and federal courts throughout the United States.
Thompson Coe 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. Our attorneys have made case law in states from Texas to Tennessee, and often our trial and appellate accomplishments involve precedent-setting cases.
True 50-state litigation capability and high-level involvement in major legal and professional organizations combine to explain our national reputation for excellence in insurance litigation. Not only do we handle insurance coverage evaluations and disputes – our lawyers also advise insurers on drafting policy language for various types of commercial and personal lines policies. Among the many types of coverages we have experience in drafting, interpreting and litigating, include:
- Primary and umbrella/excess liability
- Environmental risk
- Builders risk and construction
- Professional Errors and omissions
- Directors and Officers
- Commercial and homeowners property
- Inland marine
- Workers compensation/employers liability
- Life, health, and disability
- Accidental death
Directors & Officers
Our attorneys have been involved in litigating many of the major issues facing D&O insurers – the scope of reimbursement obligations (including allocation and advancement issues) the rights and duties of primary and excess carriers, misrepresentations in insurance applications (including the right to rescind policies, and notice and reporting issues) and the applicability of insured v. insured, regulatory, pending and prior litigation and other exclusions.
Our attorneys are positioned to handle the largest and most significant insurance coverage disputes, drawing from national leadership credentials that include serving as chair of DRI’s Professional Liability Committee, as well as the knowledge and capabilities of the directors and officers litigation practice in our Commercial Litigation and Professional Liability teams.
Life, Health, Disability & ERISA
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 knowledge encompasses both group and individual plans, and includes COBRA litigation and HIPAA issues, as well as claims and benefits litigation arising out of commercial, Medicare, and Medicaid contracts. Resources within the firm include extensive insurance and medical malpractice knowledge, enhancing our ability to evaluate disputed claims quickly, and determine the most effective and efficient approach to advance our clients' interests.
Thompson Coe insurance coverage litigators have experience handling environmental claims brought under comprehensive general liability policies. 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.We have handled a wide variety of coverage disputes arising from contaminated property and personal injury issues, including, exposure to hazardous materials, leaking underground storage tanks, oil and gas spills, storage and transport of hazardous chemicals, professional negligence claims concerning environmental consultants, and soil cleanup.