Policy Holder Coverage Issues

Our Expertise and Experience Representing Insurance Policyholders

In insurance-related matters, Novare Law Group works exclusively with policyholders to assist companies and individuals in assessing risk, understanding insurance coverage, and negotiating and litigating with insurance carriers to obtain the maximum coverage available. We believe in crafting solutions that provide the best net result for our clients by utilizing disciplined, legal-project management to reduce costs and maximize insurance-covered activities.

When appropriate, we work closely with our clients to secure independent defense counsel and to assure maximum reimbursement. Our extensive experience in securing independent counsel predates the Section 2860 California Civil Code codification of the 1987 Cumis decision.

Notable Insurance Results

a. Environmental Insurance Coverage

1. Obtained insurance coverage for administrative claims and parallel criminal investigation;
2. Successfully litigated policy construction excluding pollution exclusion and obtained summary judgment on duty-to-defend and indemnity; and
3. Successfully negotiated duty-to-defend coverage under multiple policies for both administrative and litigation claims.

b. Duty to Defend

1. 1. Settled: Thirty-day jury trial of complex case against certain Lloyds’ of London’s underwriters, establishing duty-to-defend and breach of covenant of good faith and fair dealing. Case settled after we obtained “Smoking Gun Documents” from Lloyd’s of London’s insurance brokers. Settlement included all damage claims, plus significant extra-contractual recovery.
   2. Settled: After initial denial to our client of duty-to-defend in a complex securities case under a CGL (Commercial General Liability) policy, we discovered that the carrier intentionally withheld documents in discovery. We successfully settled for all damage claims and substantial bad faith recovery.
   3. Settled: After denial of a claim for coverage under a Clean-Up and Abatement Order, we were able to establish deletion of the pollution exclusion asserted by the carrier in a summary judgment motion, which led to a settlement, including recovery of all defense and investigative costs, as well as indemnity for clean-up.
   4. Settled: Through an exhaustive review of historical insurance policies, we discovered a “missing pollution exclusion,” which lead to substantial settlement by our client on a policy buyout.
   5. Settled: We obtained insurance coverage, including defense, for financial professionals accused of participation in Ponzi schemes and we successfully negotiated settlement without client contribution.
   6. Settled: We obtained insurance coverage, including duty-to-defend, against claims of retaliation for wrongful termination of employment on behalf of public home health care provider, based on allegations in declarations submitted in response to motions after initial denial.
   7. Settled: After initial denial, we obtained coverage for a yacht builder for construction defect claims, including successful settlement under ship repairs legal liability policy.

c. Specialty Policies

1. Coverage: After initial denial, we obtained coverage under crime and dishonesty policy for claims involving theft of proceeds from ESOP (Employee Stock Ownership Plan).
2. Coverage: We obtained insurance coverage for previously denied ERISA (Employment Retirement Income Security Act of 1974) claims under EPLI (Employment Practices Liability Insurance) policy.