No business wants to be involved in insurance litigation. However, litigation may be required to get insurance companies to pay claims. Some insurance companies will refuse to pay certain types of claims in the absence of litigation. This may be true even when the claim clearly has merit. The insurance litigation attorneys at Payne & Fears have decades of experience with insurance litigation and we strive to make the litigation process as painless as possible for our clients. We have had success obtaining substantial settlements for many of our clients, often early in the litigation process. In some cases, we are even able to recover our client’s attorney’s fees and litigation costs.
When Is Insurance Litigation Necessary?
Filing a lawsuit may be the best way to communicate to an insurance company the consequences it faces by denying a client’s legitimate insurance claim. After filing a lawsuit, we are often able to obtain an early settlement with the insurance company and get most, or all, of our client’s insurance claim paid. In most of the jurisdictions where we practice, our clients can recover their attorney’s fees and litigation costs from insurance companies that wrongfully deny their claims and force them to file litigation.
In some cases, insurance litigation is necessary. This may be because the facts of the claim or the language of the policy present a new issue that is unsettled in the courts of the jurisdiction where the claim is pending. In these cases, we draw on our experience litigating a broad range of insurance coverage issues in several different jurisdictions. Because of this experience, we can provide our clients with an accurate assessment of the risk of litigating a claim and the claim’s settlement value. This experience informs our advice to clients on how to strive to obtain the best possible outcome, whether it is going forward with litigation or compromising the claim.
How Can We Achieve the Best Results from Insurance Litigation?
We don’t always litigate, but when we do, we give no quarter. We know which levers to pull to get our clients the best results possible. We enforce our clients’ ability to obtain its insurance company’s entire claim file and, when relevant, its underwriting file that shows exactly what the insurance company did (or failed to do) to investigate and evaluate the claim. We rigorously cross-examine the handling adjusters during discovery. We make it clear to the insurance company that our clients will be seeking reimbursement of their litigation expenses when the law permits it, and punitive damages when the insurance company’s conduct is particularly egregious. These tactics often lead to an early and successful settlement.
We strive to resolve our clients’ claims as quickly and efficiently as possible, without litigation, but when we must litigate, we make it as painless as possible for our clients by providing clear and effective counsel throughout the litigation process and striving to obtain the best possible result.