Payne & Fears (P&F) achieved a significant victory on behalf of a commercial contractor by securing full defense and indemnity under a commercial general liability policy for an arbitration after the insurer had denied coverage twice previously.
P&F partners Jared De Jong and Kelby Van Patten were retained on the eve of trial to evaluate insurance coverage by the client. Even though the insurer strenuously denied the existence of a duty to defend, P&F, through creative and comprehensive arguments, was able to convince the carrier that coverage existed and the risks to the carrier in refusing to defend were enormous. The carrier agreed to appoint independent counsel on the first day of trial and quickly moved to settle the case, paying 100 percent of the settlement. The settlement avoided a prolonged trial and allowed the client to return to its core business.