Does your policy provide coverage for that loss? Is there an exclusion that applies? Is an outright denial appropriate or should you defend subject to a reservation of rights or a non-waiver agreement or demand a withdrawal of the insured’s defense tender? These are the questions that we can help you answer to protect your interests.
Advising carriers on the scope of coverage afforded to their insureds in insured, uninsured, underinsured and other first and third-party claims is a significant part of our practice. Our work on these types of claims has fostered favorable changes in Wisconsin law on such critical issues as the burden of proof to obtain discovery of alleged evidence of “bad faith” by insurance carriers or to the timing of effective demands for appraisals and even finding insurance coverage for lawsuits claiming misrepresentation.
In Wisconsin, plaintiffs are entitled to directly sue insurance companies for the alleged negligence of their insureds. Our attorneys use this “direct action” to seek judicial declarations of the scope of coverage that their clients have for the loss at issue. We have successfully represented carriers and their interests based on both personal and commercial lines policies. We have dealt with cases involving personal automobile policies and policy application misrepresentation issues to complex multiparty construction defect lawsuits, from the application of the business risk suite of exclusions to complex additional insured issues.