The firm has represented numerous clients in insurance-related matters. This representation includes disputes arising under commercial insurance brokerage agreements, agency agreements, first and third-party insurance contracts and corporate-owned insurance policies. These disputes have ranged from payments due to agents and subagents on policies under agency agreements to coverage disputes and bad faith insurance practices. The firm has recently recovered environmental clean-up costs on general liability policies for a large manufacturer and recovered over $10,000,000 in lost profits under an unwritten insurance policy for a Caribbean resort after it sustained damage from a hurricane.
Eric G. Calhoun had a judgment affirmed by the Texas Supreme Court, on behalf of an insurance company client, dismissing a lawsuit alleging improper conduct by the insurer, including bad faith. See Scottsdale Ins. Co. v. Guaranty National Companies, 1999 WL 1029930 (Tex. App.—Dallas Nov. 15, 1999) (pet. den.).
Commercial liability coverage is a frequent area for bad faith insurance disputes. The litigation we’ve handled (for the plaintiff and defense) typically involves disagreements about the facts of the claim and the interpretation of insurance policy provisions.
The firm is also experienced at invoking coverage on policies for its clients after insurance companies have denied coverage. In one recent case, the firm was able to convince the insurance company to cover defense costs, even in excess of the policy limits.
Our attorneys have significant experience representing either insurance companies or the insured parties in bad faith litigation. A bad faith insurance claim usually involves:
The insurer’s refusal to pay a valid claim
A wrongful denial of insurance benefits or claims
Unfair insurance practices (discrimination issues)