Insurance Coverage

The Insurance Practice brings together attorneys with decades of collective experience in representing clients on a broad spectrum of issues arising from all stages of the claims-resolution process. The Practice is national in scope, with attorneys appearing as counsel of record in coverage suits in more than twenty states and providing coverage opinions in over thirty jurisdictions. More importantly, the Practice is industry focused. Our attorneys understand the insurance industry and bring that knowledge to bear on finding practical, business-oriented solutions to coverage disputes. The Insurance Practice employs a simple philosophy: provide specific advice and a detailed plan that helps our clients avoid the pitfalls that lead to coverage disputes, negotiate those disputes that arise in an effort to find a commercially-based common ground, and zealously litigate those disputes that need to be litigated.

The attorneys in Arnall Golden Gregory’s Insurance Practice are all seasoned litigators, but their perspective is not limited to the pleadings in a particular lawsuit. Instead, our attorneys are stewards to our clients and have actively assisted insurance companies develop new products by identifying potential problem areas and drafting policy language to short-circuit coverage disputes. Similarly, they have advised insurers in developing best practices in claims-handling and claims-documentation. With respect to specific claims, our attorneys have rendered countless coverage opinions and then followed-up those opinions with practical, pragmatic advice on asserting coverage defenses and resolving claims. For liability insurance, this includes finding creative solutions to critical issues such as the allocation of settlements and judgments between covered and non-covered claims; minimizing the risk of bad faith and extra-contractual liability in the face of policy limits demands or threats of collusive consent judgments; addressing co-insurer disputes, whether between primary and excess layers or co-primary insurers; untangling complex multi-insured, multi-claimant disputes; and working cooperatively with defense counsel and the claims-handler to monitor the underlying liability, aid in the defense, and achieve an optimal resolution of the claim. And, of course, our attorneys are always prepared to fight those matters that should be litigated, whether it is filing a declaratory judgment action or action to rescind a policy, defending a breach of contract or bad faith suit, or litigating disputes with other insurance companies over relative priority or contribution to a settlement or defense.

Substantively, the Insurance Practice has in-depth experience with a broad range of insurance products and product lines, including both first party and third party insurance. Our attorneys have provided advice and litigated issues involving professional liability and errors and omissions policies; so-called “cyber” insurance policies; director and officer liability policies; commercial general liability policies; commercial property policies; cargo, bailee, and transit legal liability policies; marine, inland marine, and open cargo policies; and builder’s risk policies.

A unique difference provided by AGG’s Insurance Practice is its ability to combine attorneys with the knowledge of litigating and resolving insurance coverage disputes with attorneys that have extensive experience in the substantive areas insured by our clients. For example, when addressing coverage issues under a cyber-policy, our attorneys have ready access to some of the nation’s preeminent privacy lawyers in AGG’s Privacy Practice and Data Breach Response Practice. The ability to provide insightful advice on the handling of disputes under professional liability policies is elevated by the knowledge of AGG’s Professional Liability Defense Practice. And our coverage services to transportation and logistics insurers are enhanced by the precedent-setting experience of the attorneys in AGG’s Global Logistics and Transportation Practice. Moreover, the national scope of the Insurance Practice allows us to provide perspective and advice in those matters where the state law has not yet been defined.