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Practices

INSURANCE COVERAGE

Litchfield Cavo LLP has earned National Tier rankings from Best Lawyers®Best Law Firms including top Regional Tier rankings in the area of Insurance Law and Insurance Litigation for consecutive years due to our attorneys’ experience litigating claims across the United States.

Litchfield Cavo clients continue to rely on our nationwide team of experienced coverage attorneys, and their breadth of experience, for drafting new policy language and evaluating compliance with statutory requirements while providing prompt, meaningful counsel. If a disagreement arises over coverage determination our attorneys vigorously defend the insurer’s action while seeking the best possible economic outcome through litigation, arbitration and participation in the appraisal process. When in dispute, our attorneys provide practical approaches to defend and resolve the insurer’s coverage decisions in conference rooms, during trial, at the appellate courts and before arbitration panels across the nation.

Coverage Determination

Since 1998, Litchfield Cavo attorneys have been at the forefront of major coverage developments and have delivered the best possible coverage assessments by carefully scrutinizing policy language and the facts pursuant to applicable law in a straightforward manner. Our litigators represent insurance companies on complex issues of coverage, policy interpretation and appropriate application of exclusions. Litchfield Cavo attorneys analyze coverage and advise clients when navigating the increasingly dangerous extra-contractual environment, including counseling on insurance policies for first– and third-party, primary and excess, life, medical and non-medical professional liability and reinsurance policies.

Our Insurance Coverage Record

Litchfield Cavo attorneys have a solid record of success defending insurance coverage disputes, including the following representative matters:

  • Obtained dismissal for insurance company client against an uninsured motorist who was struck by a third-party vehicle while making a delivery in her vehicle; successfully argued that uninsured motorist coverage was not provided, and Plaintiff withdrew her action relieving our client of any liability or obligation.
  • Advise insurer clients on the handling of first- and third-party matters arising out of hurricanes in the northeast, southern and southeastern states; analyzed coverage and counseled on the resolution of extra-contractual issues and property claims related to these storms.
  • Obtained declaratory judgment for insurer client in underlying tort action when a fellow concert patron fell into the claimant following a slip and fall; the Court held that the venue’s liability insurer did not have a duty to defend or indemnify.
  • Succeeded in labor contract negotiations by obtaining concessions from labor union requiring employee contributions towards health insurance premiums while maintaining a wage freeze.
  • Obtained summary judgment and favorable state appellate rulings relating to trigger of coverage for wrongful incarceration cases, overruling adverse federal decisions and avoiding multimillion dollar exposure.
  • Successfully defended client in Court of Appeals for an insurance coverage action wherein the insured alleged our client breached its duty to defend and indemnify pursuant to E&O liability policy in an underlying suit; the circuit court granted our summary judgment dismissing the coverage action and the Court of Appeals affirmed dismissal of the insured’s complaint.
  • Successfully defended insurer clients respecting coverage for municipal liability for civil rights claims for wrongful arrest and malicious prosecution.
  • Coordinated with other national coverage counsel to address concussion-related litigation against the National College Athletic Association (NCAA), helmet manufacturers and other entities.
  • Obtained summary judgment on the duty to defend a complex intellectual property case involving more than $6 million in claimed defense costs.
  • Obtained dismissal against Plaintiff seeking uninsured/underinsured motorist benefits for property and personal injuries following an auto accident; our defense argued client’s coverage policy was inapplicable as evidence as Plaintiff was not operating a covered vehicle, all claims against our client were dismissed and the insurer was relieved from liability.
  • Obtained summary judgment involving application of the family exclusion in a homeowner’s policy where children sued stepfather’s estate for murder/suicide of their mother.
  • Monitored defense counsel in multi-plaintiff cases alleging violations of Federal Employers’ Liability Act (FELA).

Coronavirus Coverage

Litchfield Cavo is a known industry leader in coronavirus coverage litigation. Our attorneys have served as lead counsel in state and federal coronavirus coverage lawsuits, and have consistently obtained favorable results on behalf of our clients in courtrooms across the country.