A prudent California business will be insured for a variety of types of business losses, from property damage to general liability claims. However, the insurance company does not always hold up its end of the bargain. Dealing with insurance companies can be time consuming and can lead to frustration and a dead-end. NB has helped numerous San Diego business clients battle their insurance company to obtain the coverage and compensation for which they bargained. The attorneys of NB are highly skilled at finding insurance coverage in even the most unusual loss situations.
The NB lawyers can help with various San Diego Insurance Law issues including:
Coverage Issues: NB will analyze your business’ policy and advise whether a given loss is (or should be) covered. NB can tender a claim in a manner that increases the chances the insurance company will agree to cover the loss.
Denials of Coverage: If the insurance company denies a claim that should be covered, a business can feel stuck. The attorneys of NB are well experienced in negotiating with the insurance company to obtain coverage of the claim.
Declaratory Relief: Sometimes, an insurance company believes it does not have an obligation to defend or indemnify for a particular loss. NB has litigated numerous “declaratory relief” actions, in which NB asks a judge to declare the parties’ respective obligations under the policy of insurance. NB has been overwhelmingly successful in such lawsuits.
Bad Faith Litigation: If an insurance company fails or refuses to pay a claim or defend an insured, sometimes that failure or refusal can give rise to “bad faith” litigation against the insurance company. In “bad faith” litigation, the insurance company may be liable for all the damages it caused its customer, plus punitive (or “punishment”) damages.
“Cumis” Counsel Issues: When a business is sued over an incident that is covered by insurance, the insurance company has a duty to hire lawyers to defend the business in the lawsuit. In certain situations, however, the insurance company may send a “reservation of rights” letter in which the insurance company reserves its rights to deny coverage at a later time. In those situations, the business may be entitled to independent lawyers to defend it (i.e., not the insurance company’s lawyers). This is a valuable right – a right the insurance companies don’t want you to know about.
Director and Officer Defense: With the current litigious business environment, it can be a daunting prospect to serve as an officer or director of a corporation. However, with proper insurance and the attorneys of NB at your side, any potential liability as an officer or director can be greatly minimized. However, in the event of a lawsuit, the attorneys of NB are available to vigorously defend you against claims by shareholders, employees or creditors.
NB can help with a number of other insurance law issues, including:
Optional coverages such as: Business Interruption, Advertising Injury, Employee Dishonesty, Employment Practices Liability, Excess Insurance, and Reinsurance
Self Insured Retentions and Deductibles
Limits of Liability, Exclusions and other coverage provisions
RECENT ACHIEVEMENTS: A Southern California contractor was sued by a former customer. The contractor tendered the lawsuit to its liability insurance company. The contractor’s insurance company took the position that it would hire its own attorneys to defend the lawsuit but would not cover certain types of damages alleged in the lawsuit. The attorneys from NB demanded that independent attorneys, rather than attorneys hired by the insurance company, be hired to defend the Southern California contractor. When the insurance company refused, NB attorneys sued the insurance company. After being sued, the insurance company agreed to appoint attorneys chosen by the Southern California contractor.
NB attorneys recently secured defense and partial indemnity payment by the insurance company of a local San Diego business in connection with an arbitration award. The insurance company initially refused responsibility on the basis that the San Diego business did not provide written notice of the arbitration claim. With the help of the attorneys from NB, the San Diego business was able to recoup substantial funds from its insurance company.