HCP attorneys have significant experience representing insurance clients in a wide variety of matters. The firm has long had a focused insurance practice group which strives to stay abreast—and ahead—of industry and legal developments. Insurance law is in a constant state of flux. For example, the Ohio Supreme Court’s treatment in recent years of uninsured/underinsured motorist coverage is still a painful memory for many. Other cutting edge issues in Ohio include coverage for defective construction, mold claims, intentional misconduct, fraud, concurrent causation, and bad faith “set-ups.”
Many modern day business risks—including Internet liability, employment practices, workplace intentional torts, and professional errors and omissions—are covered (if at all) only by special policy forms and endorsements. We can provide our policyholder clients with the perspective of experienced insurance coverage counsel to determine whether your current insurance coverage is commensurate with your risk exposure.
The complexity of modern day coverage litigation requires an in-depth understanding of insurance law as well as creative and innovative problem-solving. We are uniquely positioned to provide this assistance to our clients. One of our partners is a long-time adjunct professor of insurance law. Another member of our firm is a former subrogation supervisor at a large regional insurance company. Given our background and experience, we can represent both carriers and policyholders on cutting edge insurance issues. We are also able to offer advice in drafting policy language to address emerging coverage issues and the sometimes-conflicting positions taken by the courts on coverage questions.
We frequently provide guidance to our clients on complex coverage matters prior to suit. Insurers and policyholders alike ask us to provide counsel on topics such as the duty to defend and indemnify, the availability and priority of coverage available under other policies, and the evaluation of potential or existing bad faith claims.
In addition to coverage litigation, we can also provide assistance on matters such as:
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Agency relations
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Claims investigation
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Dispute resolution
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Fraud investigation
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Regulatory issues
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Examinations under oath
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Demand letters, reservation of rights letters, and denials of coverage
We can also provide counseling and litigation services to insurers on regulatory matters including:
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Product development
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Rate and form filings
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Annual statements
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Internal policies and procedures
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Market conduct, financial, and unfair trade practices examinations
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Administrative hearings
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Defense of class actions
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Challenging adverse administrative actions
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Advice regarding compliance with Gramm-Leach-Bliley, HIPAA, Fair Credit Reporting, and state law privacy requirements
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Tracking legislative initiatives
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Serving as expert witnesses