Saxton & Stump’s Insurance Litigation and Counseling team regularly counsels insureds and insurers on questions of insurance coverage and litigates these matters in state and federal court. Our attorneys have extensive experience counseling insureds and insurers on an array of insurance coverage issues spanning virtually all lines of insurance.
Our experience and representative matters include, but are not limited to:
- Representing insurers in insurance coverage matters filed in state and federal courts around the country
- Representing insureds seeking coverage in declaratory judgment actions filed in Pennsylvania state and federal court
- Experience defending insurers against claims under the unfair insurance practices act
- Representing primary carriers/self-insured trusts in connection with obtaining coverage from excess or statutory excess carriers (Mcare) in appropriate catastrophic cases
- 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.
- Experience with the Office of Liquidation and Rehabilitation of the PA Insurance Department
- Experience with UM/UIM arbitrations and coverage issues
- Drafting policy and endorsement terms and consulting on professional liability policy filings
- Experience with the actuarial and regulatory review of proposed policy endorsements/amendments through the Pa. Department of Insurance
Drawing on our attorneys’ extensive litigation backgrounds, the Insurance Group 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.
Insurance Bad Faith
The threat of a bad faith claim is prevalent in coverage disputes and litigation. Our Insurance Litigation and Counseling Group 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.
A Proactive Approach – Mitigation
Insurance is an important risk management tool. As such, it is vital for the insured to know what they are and are not insured against. Similarly, an insurance company must know what risks they are underwriting so that they are collecting appropriate premiums to fulfill their obligations. Therefore, carefully written and interpreted insurance documents are vital for all aspects of business, personal, and leisure activities.
Examples of these types of documents and recent issues about which we have counseled clients and litigated include:
- General Liability policies and breach of contract/failure to perform issues
- The other insurance provision and its application in a dispute between insurers
- The issue of what is a “claim” and when is a “claim” made under a claims-made policy
- Cyber Insurance—protecting your business in the event of a data breach
- Moisture Intrusion—what is an occurrence?
- Homeowners Policies—flooding, depreciation, replacement costs
- Automobile Policies—first party and third-party issues, limited tort, stacking