On the Pulse...Profile of Property Litigation Practice Group

The endless claims scenarios, coupled with face-to-face contact and helping insureds through difficult times, are part of what makes property claims so challenging and rewarding. Unfortunately, more and more insureds and their representatives view property claims as a game with the goal to inflate and profit, rather than to indemnify. From public adjuster letter-writing campaigns, to threats of bad faith, to issues concerning appraisal and matching, the job of property claims representatives has never been more difficult.

I have worked in property claims for the last twenty-five years. First, as a field claim representative and, for the last thirteen years, as an attorney. Even after that time, I am still regularly faced with coverage issues and claims situations I have never before encountered.

To assist with this unique and complex claims arena, Marshall Dennehey Warner Coleman & Goggin maintains a practice group dedicated to untangling and resolving the multitude of issues arising from property policies. Our property team includes attorneys who, prior to law school, worked as property claims representatives and who understand the perspective of insurance professionals dedicated to property issues. This understanding allows us to effectively assist in furthering the goal of paying all claims owed and defending claims that are excluded or limited. We assist carriers to meet these goals in several ways.

Litigation

Some litigation is inevitable in property claims. When an impasse is reached and an insured files a lawsuit arising from a property damage claim, our property team has the knowledge of the issues, construction and the policy to successfully resolve the litigation. If the case is vetted for trial, we have the resources to ensure that every issue is addressed and every carrier is in the best position to prevail.

Pre-Litigation Consultation

Prior to litigation, we assist in coverage investigations by conducting Examinations Under Oath, responding to insured correspondence, strategizing to formulate the best action plan to bring each claim to its ultimate conclusion and preparing property coverage opinions.

Regulatory Representation

When policies are cancelled, voided or formal complaints are filed with the Department of Insurance, we are available to assist carriers in administrative hearings and responding to the complaints.

Policy Language Review

Clients call upon us to review policy language and to ensure it is compliant with recent legislative and case law developments. We are asked to assist in drafting alternate or new policy language to reflect the intent of the policy.

Our Property Litigation practice group works synergistically with our firm's Insurance Coverage/Bad Faith and SIU practice groups. This allows us to consult and utilize as resources those attorneys working in those overlapping practices.

If you have any questions about our Property Litigation practice group, or a particular claims issue, we are available to answer any questions.

*Jim is a shareholder and Chair of our Property Litigation practice group. He works in our Doylestown, Pennsylvania, office and can be reached at 267.880.2026 or jhcole@mdwcg.com.

Defense Digest, Vol. 18, No. 3, September 2012