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Insurance Coverage
Kohnen & Patton has extensive experience in evaluating
and litigating insurance coverage issues involving bodily
injury, personal injury, property damage, toxic tort and
uninsured/underinsured claims by first parties and third
parties under homeowners policies, commercial general liability
coverages, builders risk policies, inland marine coverages,
auto policies, directors & officers policies, errors & omissions
coverages, EPLI policies, disability policies and umbrella/excess
policies. We have successfully defended bad faith and violations
of unfair claims settlement practices lawsuits, and claims
arising from the actions of agents and brokers. We are called
upon frequently to prepare formal coverage opinions and to
litigate declaratory judgment actions for insureds and insurers
on a wide variety of issues. A sampling of such issues includes:
- The amount of aggregate coverage available under policies
issued in the 1960s and 1970s;
- The applicability of “care, custody or control” and
property damage exclusions;
- Trigger of coverage issues in long-term, continuing damage
and toxic tort claims;
- Whether a gap in coverage exists when no coverage is
available under an underlying policy, but coverage is available
under an umbrella policy;
- Whether allegedly negligent construction constitutes
an “occurrence “ or
is otherwise excluded under various policies, and various
other construction-related coverage issues;
- Whether insurance coverage is available for damage caused
by landslide, subsidence, hydrostatic pressure and “street
creep;”
- Applicability of homeowners coverage for claims arising
from an insured’s city council activities;
- Insureds’ compliance with notice, cooperation and
maintenance of underlying insurance conditions, and the
effect on coverage;
- Insurers’ duties to defend appeals, injunction claims
and “false, fraudulent or meritless” claims;
- Insurers’ liability for agents’ actions;
- Risk transference issues including additional insured
clauses and endorsements, waiver of subrogation clauses,
indemnification and other contractual agreements, and other
attendant circumstances
- Applicability of Fraudulent, Forged
or Counterfeit Title Coverage;
- Stacking, exhaustion and “other insurance” issues.
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