Insurance Coverage Matters and Litigation

At Youngerman & McNutt, our experience over the years has given us a mastery of policy interpretation and precise analysis of obligations, duties, rights and remedies involved in a wide range of insurance contracts. Our level of understanding regarding coverage issues can substantially reduce fees and costs, and limit your exposure.

We provide expert advice on all of the following coverage matters and more. We also represent our clients in litigation of coverage issues including, but not limited to:

Claims Against Officers and Directors

Officers and directors (O & D) liability insurance has become a key component of corporate insurance in recent years. Some 95 percent of Fortune 500 companies now maintain Officer (O & D) liability insurance. Little wonder, when you consider that, given recent market declines, disappointed investors are all too willing to charge officers and directors with securities fraud and other crimes. In light of these numbers, expert legal counsel on all aspects of O & D insurance is essential for underwriters, claims handlers, corporations and their executives.

Commercial General Liability Claims

As the basic type of insurance obtained by American businesses to protect their primary commercial interests, commercial general liability (CGL) insurance policies are subject to a great deal of litigation. At Youngerman & McNutt, we have decades of experience with various CGL forms and coverages. Whether your situation involves the insurance agreement, duty to defend, issues regarding the insured’s right to independent counsel, additional insured and indemnity issues or the applicability of various exclusions and conditions, we have the experience and expertise to effectively handle your case.

Environmental Exposure Claims

Insurance coverage issues relating to chemical exposures, pollution claims, and hazardous waste clean up now represent a major source of litigation. It is imperative that you seek counsel to provide a consistent, aggressive and effective response to these potentially catastrophic coverage matters. At Youngerman & McNutt, we have successfully provided insurance coverage analysis and consultation for many years.

First-party Property and Liability Issues

Property and liability issues are some of the most sensitive areas of the law. Decisions that are not properly grounded in legal authority can subject the carrier not only to claims for breach of contract, but actions for the breach of the covenant of good faith and fair dealing. At Youngerman & McNutt, we effectively and efficiently represent our clients in all types of property losses, including fire, arson, flood, mold, as well as other types of first-party forms.

Personal and Commercial Vehicle Policies

We have years of experience providing insurance coverage advice and litigation services in cases involving commercial and personal automobile insurance policies. This includes expertise in the areas of uninsured motorists and underinsured motorists’ coverage, along with primary/excess issues in situations where more than one insurance policy may be involved. We can provide expert advice on all types of coverage issues arising from such policies, including those involving additional insureds and permissive use. In addition, we have provided coverage advice to the trucking industry, and are familiar with all issues related to this area.

Residential and Commercial Construction Defect Claims

Our construction defect coverage practice includes representation of clients with respect to policies issued to developers, general contractors, and subcontractors. The issues we typically address include additional insureds, interpretation of known loss exclusions, self-insured retentions, mold exclusions, subsidence-related exclusions, other insurance clauses, and policy exhaustion. We can provide counsel and analysis of carriers’ rights and obligations with respect to the defense and prosecution of coverage litigation, as well as representation at meditations, settlement conferences and other alternative dispute resolutions. We frequently serve as insurer-appointed defense counsel or are asked to monitor such counsel.

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