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Defense Digest On The Pulse... Property Practice Group Profile There are few areas of the insurance industry which involve such direct and personal contact with insureds in their time of need than 1st party claims that arise out of homeowners and commercial property policies. Unfortunately, there are few areas of insurance claims that generate more complaints and litigation against carriers. Because of the direct and personal contact with the insureds, the complex nature of the policies at issue, the limitless number of claims scenarios, and the ever-increasing percentage of insureds represented by public adjusters, property claims are among the most difficult to handle for a claims professional. When other unique areas of dispute, such as appraisal, matching, and replacement cost are considered, the importance of legal counsel concentrating their practice in property litigation cannot be underestimated. Our firm's Property Practice Group is very familiar with all aspects of property claims, as well as the state of case and statutory law as it pertains to 1st party coverages, claims procedure, and bad faith. In order to more effectively handle property files, our Property Group maintains a synergistic relationship with the firm's Coverage/Bad Faith and Special Investigative Litigation Practice Groups, which allows our attorneys to coordinate their efforts and to stay current relative to these overlapping areas of practice. Included in the Property Practice Group are several attorneys who, prior to law school, worked as property claims representatives and are, thus, experienced in property damage estimation, contents evaluation, and public adjuster represented claims. These attorneys possess a unique perspective as they have been in the field, have climbed roofs, have evaluated damage, and have had to document a claims file. This hands-on experience not only assists our attorneys in handling a suit after litigation has commenced, but it also assists them in providing valuable and practical advice before the suit is filed. Our practical approach allows us to objectively analyze a claims file and to advise as to the soundness of a coverage decision, the chances of a successful outcome at trial, potential bad faith exposure, as well as whether additional investigation is warranted before making a final coverage decision. This advice encompasses such prelitigation issues as appraisal, matching, profit and overhead, and replacement cost. When offering advice, we are cognizant of the concern regarding litigating cases where there is a relatively small amount in controversy, and we are equally cognizant of the competing concern regarding setting, either legal or practical, precedent. However, if suit is filed or a decision is made to deny coverage, we are fully prepared to proactively litigate these cases, and we have done so, successfully, on hundreds of occasions. Because the insured has paid premiums and has sustained a loss to their property, claims representatives in the first party arena may feel that the "cards are stacked against them" in defending a coverage denial. However, whether the matter involves fire, flood, termites, or theft, our firm's Property Practice Group knows how to most effectively "shuffle the cards" so as to give the insurer the best chance of a favorable outcome at arbitration or trial. Many in the legal and claims communities view property claims as "dry." That is because of their unfamiliarity with this specialized area of claims and the many nuances the specialty presents. Once involved and regularly exposed to property claims, there are few who could still hold the view that the claims are "dry." The cases we defend involve not only "straight" coverage issues with undisputed facts, but the far more common and more interesting cases involving insureds who have overreached, have been untruthful, or perhaps intentionally caused or contributed in some way to their own damage. It is in this latter category that our attorneys' knowledge of construction and the claims process is especially beneficial. This knowledge gives them the advantage when defending cases involving those who wish to exploit the claims procedure by what they view as artfully "playing the game." Marshall, Dennehey, Warner, Coleman & Goggin would welcome the opportunity to be of service to you in any issue involving property claims. The members of our Property Practice Group are available to discuss any property claims issue and to give presentations or lectures at your location or at any one of our regional offices.
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