Insurance involves a multitude of policies--General Liability,
Property, Casualty, Auto and Health, among others--with multiple
sections giving rise to coverage claims. Each policy is written
for a purpose that parties seek to either expand or restrict.
The issues and insurance concepts are oftentimes interpreted
by courts which are familiar with general insurance principles,
but who do not have the background or inclination to study the
nuances of different coverages. This calls for a skilled advocate
to effectively present the client’s position.
With new types of coverage disputes arising with increased
frequency - such as those involving the scope of additional
insured endorsements in construction cases and “exclusive
targeted tenders of defense” by additional insureds -
insurance coverage litigation is emerging as a major arena.
It is important to be aware of the constantly developing areas
of insurance law, to analyze new trends and cases and use them
to the client’s advantage. Identifying and locating all
available coverage, contact between the policyholder and companies,
the broker’s role, strategy in initiating coverage litigation,
discovery, and selection of witnesses, all play an important
role in insurance coverage.
Insurance law forms a partial foundation for effective representation.
Equally important is a solid understanding of the facts, industry
or profession and law surrounding the dispute. MENGES &
MOLZAHN, LLC brings a unique blend of legal experience to this
complex area leading to effective representation.
Randall G. Talan, member, for many years has represented a
number of insurance companies in declaratory judgment litigation
with regard to a wide range of coverage issues.