Insurance Coverage
In general, when a policy holder buys insurance, he or she is seeking protection and not thinking about litigation. Individual and commercial policy holders rely on insurance coverage in both day-to-day decision making and long-term planning. Because of this, when a claim occurs and there is a question about coverage, the policy holder's expectation is often quite different than what their policy provides. In addition, the insurer must be tremendously careful and correct in the position it takes.However, in the insurance industry, the lines are now always clearly drawn and courts struggle with issues like trigger of coverage, coverage for defense costs, proper interpretation of many policy terms and provisions, and good faith versus bad faith disputes. In addition, the growth of technology and the proliferation of the Internet increased the importance and value of intellectual property. Therefore, coverage issues related to liabilities arising from infringement of intellectual property and electronic commerce are dramatically increasing.
Our longstanding experience in insurance coverage and attendant litigation has given us a deep appreciation for the wide range of issues arising in the insurance coverage arena. As a result, we have had the opportunity to render numerous coverage opinions in all areas, including construction defect, environmental claims, molestation allegations, automobile issues, homeowner's coverages and intellectual property/advertising injury.
BVRC assists carriers through comprehensive research and analysis when evaluating coverage under each policy to ensure that any position taken is correct and defensible. By doing this at the outset, carriers are better equipped to respond to their insureds in a timely and reasonable fashion. In our reports and letters, we explain the appropriate analysis in the clearest and most reasonable terms possible in order to avoid any future misunderstandings should the matter result in litigation. In addition, when necessary and appropriate, the firm actively litigates coverage disputes.