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Insurance Coverage

HBS offers a team of experienced attorneys that can help your business get insurance coverage right in order to minimize risk from policy procurement through claim resolution.

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Overview

In the increasingly complex world of insurance matters and risk, getting coverage right matters. At HBS, our National Coverage Practice team has deep expertise in a wide range of coverage issues from policy procurement through claim resolution. We provide sound coverage advice and litigate when necessary to protect our clients’ rights and defend against bad faith claims.

Experience

In the increasingly complex world of insurance matters and risk, getting coverage right matters. At HBS, our National Coverage Practice team has deep expertise in a wide range of coverage issues from policy procurement through claim resolution. We provide sound coverage advice and litigate when necessary to protect our clients’ rights and defend against bad faith claims.

Our experienced team of national insurance coverage attorneys represents clients across the full spectrum of complex property and casualty matters in both the state and federal courts.

Liability Coverages

Our team is uniquely qualified to handle significant liability coverage cases involving extracontractual exposure. We counsel clients, issue reservations of rights and litigate on their behalf coverage disputes involving all manner of occurrence and claims made under primary, excess and umbrella policies, including: CGL policies, OCIP and CCIP liability policies, professional/technical services policies, professional E&O policies, environmental liability policies; D&O policies, warehouse liability policies, marine P&I policies and marine terminal operators liability policies. Where appropriate, we also prosecute equitable subrogation and “other insurance” actions to enforce allocation or recover payments made on liability claims.

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First Party/Property

Our representation covers all manner of large and complex first-party property loss usually involving significant business income loss and extra expense. We have extensive experience in property losses to commercial buildings, hotels, apartments, retail facilities, manufacturing and chemical plants, refineries, bridges, goods/cargo in truck, air or ocean transit. Our expertise extends to residential property and specialized property caused by construction, design and engineering defects during and after construction, natural disasters, earth movement and subsidence; explosions; fires; collapse; water intrusion and theft. To provide reliable and accurate coverage opinions, we conduct effective examinations under oath (EUOs) and work with credible forensic and loss valuation experts to investigate the loss and adjust the claim. When necessary, we pursue declaratory judgment actions, rescission actions or reformation actions to resolve coverage disputes and defend our insurers from breach of contract and bad faith suits. We also prosecute subrogation to recover payments made on large loss claims.

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Transportation Risk

Our transportation services combine our expertise in liability and property coverages. We have extensive experience representing clients on wrongful death and multiple bodily injuries cases, which often involve excess exposure, time-limited demands and dangerous venues. We protect the interests of insurers under motor truck liability and cargo policies, ocean and air carrier cargo policies, transportation risk policies and warehouse legal liability policies.

Surety/Bond

We have a tremendous track record and depth in handling all manner of losses and disputes that arise from large construction projects. Our breadth of experience gives us advantages in representing the interest of the Surety in performance bond claims, payment claims, and prosecuting indemnity claims on behalf of the Surety. Understanding all elements of the construction process allows us to better facilitate bond conferences and dispute resolution between owners and construction principals.

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Special Investigations Unit (SIU)

Our team has expertise in investigating and resolving matters of insurance fraud including the misrepresentation of a material fact as to the cause, extent or nature of a loss to obtain a payment by the insurance provider that would not otherwise be made. We handle a variety of insurance fraud matters, including the intentional destruction of insured property by or on behalf of an insured, fraudulent theft losses, staging accidents, and exaggeration of the cause and extent of injuries.

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London Market

Our attorneys have extensive experience working with brokers, underwriters and claim professionals in the international insurance market, particularly with Lloyd’s of London. Our firm has handled many matters on behalf of various Syndicates at Lloyd’s, and our attorneys are deeply familiar with how this unique global market works. We leverage these long-standing relationships to assist foreign insurers in managing their domestic litigation, and assist domestic clients in gaining access to the Lloyd’s market.

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New Jersey Appellate Division Declines to Extend Scope of TNCSRA to Cover Food Delivery Services

Written by: Kelly P. Corrubia, Esq. A panel of the New Jersey Appellate Division in a case of first impression held that the Transportation Network Safety and Regulatory Act (TNCSRA)1 applies only to transportation network companies that use a digital network to connect a rider to a prearranged ride, such as Uber or Lyft, and
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Important Ruling on Assault & Battery Exclusions

Written by: Duane L. Cochenour, Esq. Judge Kevin B. Weiss of the Circuit Court for Orange County, Florida, issued a potentially important ruling regarding assault and battery exclusions. An appeal is sure to follow, but the court granted the plaintiff’s rather novel argument that mental anguish damages (and a $25M Judgement for them) are not
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A Recap on the Modern Trend to Impose Duty of Good Faith upon Primary Insurers

Written by: Cayton S. Chrisman, Esq. The insurance industry has long been undecided as to whether primary insurers owe a duty of good faith to excess insurers, and, if such a duty does exist, when that duty arises. On one hand, some jurisdictions have determined that there is no affirmative or direct duty of a
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