Insurance - Coverage

Overview

With decades of insurance defense litigation experience, insurance disputes escalating, and issues becoming more complex, Weston Hurd’s Insurance-Coverage Group has a broad practice covering virtually all types of first party, third party and inter-company insurance coverage disputes. The legal ramifications to the insured, insurer and re-insurer require prompt, efficient and effective evaluation of insurance contracts and an understanding of the constantly changing law concerning insurance coverage.

The firm’s coverage practice embraces several areas:

Coverage Opinions

The firm’s insurance coverage members are frequently called upon to provide opinions on coverage, and the duty to defend, in a broad range of areas – including all types of auto claims, uninsured/underinsured motorist claims, CGL coverage claims, environmental/toxic tort claims (pollution, EFIS, asbestos and mold claims), intellectual property claims (advertising injury coverage for patent infringement claims and/or trademark infringement and unfair competition claims).  The firm frequently drafts reservation of rights letters and/or coverage denial letters for the use of insurers.

Coverage Investigations

The firm frequently participates in the investigation of first party claims by taking examinations under oath and working with insurers on fraud investigations.

Coverage Litigation

The firm’s coverage lawyers frequently defend insurers in coverage litigation and/or prosecute declaratory judgment actions for insurers.  This practice includes all phases of litigation up through trial and appeal.

Drafting of Forms

Occasionally, the firm’s coverage lawyers are called upon by insurers to assist in drafting insurance policy forms and/or to provide opinions on proposed forms or endorsements.  By assisting in the form drafting process, the firm’s lawyers can help insurers stave off potential litigation by avoiding policy ambiguities that are sometimes recognized by subtle nuances in Ohio law.

Education

The firm’s coverage lawyers are recognized throughout Ohio for their educational efforts in the field of insurance coverage.  These services, offered at no charge to clients, include:

• The Insurance Coverage Newsletter details recent cases impacting insurance clients and contain articles written by the firm’s attorneys on case law and statutory developments that impact insurance clients;
• Desktop Legal Primer for Ohio Claims serves as a resource for claims personnel who handle Ohio claims as it contains key Ohio statutes and legal principles;
• Educational seminars on topics such as “Splitting Files: Implications on Handling Liability and Coverage Claims;” “Insurance Coverage for Construction-Related Claims in Ohio;” and “Insurance Coverage for Claims Arising from the Use of the Internet or Other Electronic Media.”
• Insurance e-mail advisories that inform insurance professionals of ground breaking case decisions that have immediate impact upon pending cases and claims.

Leaders in Insurance Defense Organizations

The firm’s coverage lawyers are actively involved in local, state-wide, regional, national and international legal organizations, involving the defense of insurers and coverage claims.  The firm’s coverage lawyers have had, and continue to have, key roles in the Ohio Association of Civil Trial Attorneys or “OACTA.”  OACTA is a consortium of Ohio defense attorneys and insurance professionals.  The firm’s coverage lawyers include past presidents of OACTA, former OACTA board members, and the former chairperson of OACTA’s Insurance Coverage Committee.  The firm’s coverage lawyers also have participated actively as members and/or board members in the Cleveland Association of Civil Trial Attorneys, the Defense Research Institute, the International Association of Defense Counsel, and the Federation of Defense and Corporate Counsel.

Representation in Insurance Matters involving:

• Admiralty
• Advertising Injury
• Architects/Engineers
• Auto
• Bad Faith
• Business Torts
• CGL Coverage
• Civil Rights
• Construction
• Directors’/Officers’ Liability
• e-Torts
• Electronic Media/Internet
• Employment
• Environmental/Toxic Tort
• Errors/Omissions
• Excess/Umbrella
• Governmental Liability
• Intellectual Property
• Life, Health, Disability
• Marine/Inland Marine
• Medical Malpractice
• Personal Injury
• Premises Liability
• Products Liability
• Professional Liability
• Reinsurance
• Uninsured/Underinsured Motorist