As part of our litigation practice, we provide insurance coverage disputes litigation services.

When Do Insurance Coverage Disputes Arise?

Insurance coverage disputes arise when an insured requests a provider cover some damages under a policy, and the provider claims the policy doesn’t cover the specific issue. The claim for non-coverage can be due to a breach by the insured or a misunderstanding of the coverage or how the policy works.

Types of Business Insurance Coverage

There are numerous types of insurance as well as types of coverage. The following are types of insurance, for example:

  • Business Interruption

  • Property Loss

  • Malpractice

  • Liability

  • No-Fault/First Party Coverage

  • Over-Redemption

  • Multiple-Peril

This is just a small example of business related insurances. Typically, it isn’t until after an insurance coverage dispute arises that owners scrutinize the language in an insurance policy provision. Insurance policy language can be interpreted differently. Language in a provision can be ambiguous. Additionally, insurance coverage disputes can arise out of burdens of proof regarding damages and losses. Therefore, obtaining coverage on a claim could require a business owner to compile substantive evidence to show coverage is required under a policy.

Seeking Attorney Assistant in Insurance Coverage Disputes

A business owner should seek advice from attorneys experienced with complex contract negotiation and insurance coverage disputes. Additionally, attorneys with knowledge in the specific industry and type of insurance dispute can greatly affect the efficiency in which a matter is handled. The following are examples of factors that could affect disputes regarding insurance coverage:

  • Contract and language interpretation

  • Questions of law v. questions of fact

  • Contract definitions (“property,” “loss,” damage”)

  • Timing of claim

  • Mitigation of damages

  • Negligence

  • Due diligence of insured

  • Proof of loss

  • Breach of contract

  • Third party insurance

  • Indemnification requirements

Therefore, businesses in insurance coverage disputes should seek the advice of counsel with experience dealing with the specific issues at hand. Our attorneys handle litigation of complex insurance coverage disputes.

Local Counsel for Insurance Coverage Litigation Matters

We also act as local counsel for out-of-state plaintiffs and defendants involved in insurance coverage litigation in state and federal courts in Texas. See our Local Counsel page for more information regarding our services.

Additional Insights Regarding Insurance Coverage Litigation

For more information on insurance coverage legal issues, see our Legal Insights and Industry Solutions pages.