Saxton & Stump’s Insurance Litigation and Counseling team regularly represents insurance industry clients and insureds in commercial and regulatory disputes. Our lawyers have decades of experience handling complex insurance issues.
Coverage and Litigation
We regularly counsel insureds and insurers on questions of insurance coverage and litigate these matters in state and federal court. Drawing on their extensive litigation backgrounds, the Saxton & Stump team has litigated declaratory judgment actions and questions of insurance policy contractual interpretation throughout the Commonwealth. We have handled coverage litigation in matters pending between insured and insurer; between two primary insurers disputing coverage responsibilities; as well as disputes between primary and excess carriers. Our well-known and respected litigation team uses its wealth of litigation experience to obtain favorable results for our clients.
The threat of a bad faith claim is prevalent in coverage disputes and litigation. Our Insurance Litigation and Counseling team has experience handling and litigating claims of insurance bad faith. We defend insurers from claims asserting extra-contractual remedies under the Pennsylvania bad faith statute and common law. We also have experience working with insureds to utilize the protections of the bad faith law in appropriate cases to secure insurance coverage.
Our experience and representative matters include:
- representing insureds seeking coverage under GL policies and PL policies in declaratory judgment actions filed in Pennsylvania state and federal court;
- representing primary carriers/self-insured trusts in connection with obtaining coverage from excess or statutory excess carriers (Mcare) in appropriate catastrophic cases;
- representing insurers in coverage matters filed in Pennsylvania state and federal court;
- arbitration of coverage and bad faith claims on behalf of insurers;
- former national counsel for insurers litigating GL and EIL coverage claims in jurisdictions across the U.S.; and
- representation of insurance carriers in declaratory judgment action adverse to a second insurer pending in state court.
Counseling and Regulatory
We counsel insurers on risk mitigation, claims handling, underwriting and strategic issues. Our lawyers work closely with underwriting, claims and quality committees of insurers to assist in all aspects of the insurance business and advise Board of Director level executives on all aspects of professional liability insurance and the insurance business. From a regulatory perspective, Saxton & Stump lawyers have worked closely with the Pennsylvania Department of Insurance and Mcare on various issues pertaining to professional liability insurance coverage and have participated in Insurance Department hearings and Commonwealth Court proceedings concerning Mcare coverage.
Insurers involve our lawyers when seeking creative solutions to coverage issues. We work with clients on new policy wordings and new products. We have helped our clients draft insurance contracts and policy language or endorsements to help ensure their goals are met and their interests protected.