We have been retained to provide coverage opinions on a variety of topics including:
- Unlawfully rendered treatment under the No Fault Act, duty to defend
- Reservation of rights
- Conflict of laws
- Claims made “timing” issues
- Construction defect
- Indemnification and additional insured issues
- Trigger of coverage
- Relationship between primary and excess insurers
- Bad faith
- General issues in coverage litigation
- No Fault, first and third party
We follow up our coverage opinions with the ability to litigate and defend our position.
Rescission of Contract
We assist with rescission of policy issues, help determine whether rescission is proper, and defend rescission decisions.
Case in point…
We successfully tried a case in Livingston County where a wife took out an insurance policy claiming to be divorced; however, she was not divorced. She claimed to be divorced for insurance purposes because her husband had too many points on his driving record to be covered on their insurance policy, and he would have been excluded as a driver. Unfortunately, the couple was in an accident while the husband was driving. When they sought coverage for the accident, we helped their insurance company prove that they were still legally married and in fact resided together, and a jury trial affirmed a rescission of the policy for material misrepresentation.
Liability Issues for Small Business
Many small businesses do not secure general or professional liability insurance due to the high cost of premiums. Moreover, while small businesses may have some liability insurance, they may not purchase enough coverage, and they may risk personal exposure.
If you are faced with either of these dilemmas, we are here to help. Our experienced attorneys will guide you and your company through the process while working with you to keep costs down and maintain effectiveness.
Case in point…
One of our clients, a business executive, allowed his teenage daughter to drive his vehicle. She was in an auto accident where the other person suffered severe injuries. The other driver filed suit against not only the daughter, but the business executive for allowing his teenage daughter to drive the vehicle. There were concerns that the insurance coverage was not sufficient to cover his potential personal exposure. He asked our firm to supervise and oversee the counsel hired by the insurance company. Our team made sure his personal assets were protected.