Preparation and Strategy Considerations in Filing and Prosecuting Coverage Litigation

This article discusses issues often faced by attorneys representing insurers in coverage litigation. Specifically, it examines declaratory judgments and the strategic advantages and disadvantages to filing them, as well as when and where to file suit should an insurer decide to do so. The related issues of the concurrent litigation rule, abstention in the federal courts, and anti-suit injunctions are also discussed. Finally, the article examines the procedural potpourri of severance, abatement and interpleader. By addressing practical coverage litigation issues, it provides a glance at key issues facing attorneys who represent insurers.