First-Party Property
Mindy Medley, Partner
Whether - or to what extent - an insurance policy responds to a policyholder's claim for physical damage or time element losses is the fundamental question presented by every loss notice tendered to a first party property insurer.
Sometimes the issues are straightforward. Often, they are complex and nuanced. Almost always they are sensitive. Whether claims are amicably resolved, appraised, arbitrated, mediated, aggressively litigated or appealed, Clausen Miller is a leading firm with the depth and breadth of experienced, practically minded counselors and advocates who help claims examiners and senior management navigate their way.
Clausen Miller partners have served their clients in every recent catastrophe impacting the property insurance industry. We have been appointed as National Coordinating Claims Counsel in connection with environmental losses, mold issues, the September 11 tragedy, New York City's blackout and the particularly devastating 2004 and 2005 hurricane seasons. In light of our extensive experience, we have also worked closely with underwriting departments to refine policy wordings and develop new endorsements.
Coverage Counseling
During an investigation, we provide legal advice intended to assist insurers in understanding the facts, defining and analyzing the coverage and forthrightly assessing exposure. We do so for individual insurers, admitted and non-admitted surplus lines carriers and large syndicates, whether they assume the entire risk or fractionally participate in primary or excess market layers. We analyze the broad array of issued policies, manuscripts and ISO forms, including "all risks," fire, named peril, environmental, builder's risk, business interruption, inland marine and boiler & machinery contracts.
We see insured risks as varied as the imagination, with claimed losses sometimes calculated in billions of dollars. We often assist our clients in resolving claims brought by exceedingly sophisticated policyholders. We are as familiar with steel and paper mills, skyscrapers and hotels, as we are with golf courses, seaside summer estates, and local strip malls. Working with you, your technical and accounting consultants and with careful legal analysis we seek to facilitate your goal to achieve prompt and fair resolutions of all claims consistent with your policy's provisions.
Formal Proceedings
We recognize that every claim is unique. Depending on the circumstances and your directions, we conduct examinations under oath and participate in appraisals, arbitrations, mediations, negotiations or other alternative dispute resolution.
We are also seasoned and effective litigators. When litigation is appropriate or an insured has already filed an action for declaratory judgment, we will efficiently and zealously represent your interests wherever an action is pending. We represent insurers in venues across the globe and have tried cases close to home and in places we are asked to make our temporary homes. Early on we seek to define the course of pre-trial litigation and comply with your litigation guidelines, intending to fully appreciate concerns over costs and expenses.
When alleged, we ardently defend against claims for extra-contractual loss and allegations of bad faith, unfair claims handling, deceptive trade practice, and unfair consumer practice.
Clausen Miller takes pride in the fact that it can seamlessly transition from a successful dispositive motion or verdict to a timely appeal and, in so doing, seek to shape the development and evolution of first party property law as expressed by appellate and supreme courts.
Finally, we frequently provide in-house training seminars for our clients to share our experiences with them. The close coordination between our attorneys and our clients creates a unique attorney-client relationship allowing us to fully respond to each of our client's needs.
We look forward to working with you.
