Insurance Coverage Disputes/Insurance Recovery
If your business has a claim that is delayed or denied, CILC can help. We will try to obtain the benefits the insurer delayed or denied as quickly as possible so you can get back to growing your business. CILC’s principal attorney, Damian J. Arguello, has helped his clients recover tens of millions of dollars of insurance benefits.
Damian J. Arguello has negotiated and litigated numerous insurance coverage disputes on behalf of businesses in federal and state courts in Colorado and nationally. He has also served as appellate counsel briefing and arguing insurance cases before federal and state appellate courts. He has also arbitrated matters and participated in other alternative dispute proceedings.
Industries We Cover
CILC has counseled clients in numerous industries, including construction, real estate, manufacturing, advanced manufacturing, biosciences, nutraceuticals, high-tech, financial services, food & agriculture, healthcare, tourism/recreation/hospitality, transportation, energy/oil & gas, clean tech, venture capital, co-packers, nonprofits, HOAs, professional services, and many more.
Types of Insurance Coverage We Handle
Regardless of the insurance coverage dispute your business faces, CILC has the knowledge to help. The kinds of insurance policies we have experience with include:
- Additional Insured/Indemnity
- Agent/Broker/Producer Liability
- Builder’s Risk
- Businessowners (BOP)
- Commercial Auto/Trucking
- Commercial General Liability (CGL)/Umbrella
- Commercial Property (Fire, Flood, Hail, Business Interruption/Business Income)
- Construction Defect
- Cyber/Data Breach/Privacy
- Difference in Conditions
- Umbrella/Excess Liability
- Directors & Officers Liability (D&O)
- Employment Practices Liability
- Equipment Breakdown/Boiler & Machinery
- OCIPS/CCIPS/Wrap-Up Policies
- Product Liability
- Product Recall/Contamination
- Professional Liability (E&O)
- Social Engineering
- Surety Bonds
- Title Insurance
- Workers Compensation
- Commercial General Liability (CGL)
- Cyber/Data Breach/Privacy/Social Engineering
Personal Counsel/Coverage Counsel/Cumis Counsel
When your liability insurance company agrees to defend your business against a lawsuit under a “reservation of rights,” it means a right to deny coverage and seek reimbursement from you for the amounts it spends to defend you, settle the lawsuit, or pay a damages verdict.
The insurance company hires a lawyer to defend you, and that lawyer’s ethical responsibility is to represent your interests – not the insurance company’s interests – in the lawsuit. However, the assigned lawyer cannot advise you regarding insurance coverage issues that come up during the lawsuit.
That is why it is prudent for business owners to hire “personal counsel” who has no relationship with the insurance company to make sure that when coverage issues arise – and they frequently do – you receive the right advice.
For example, if your business faces a lawsuit seeking damages greater than your liability limit of insurance, it is important to persuade the insurer to make every reasonable effort to settle that lawsuit. Another example occurs when some claims in the lawsuit are covered by the policy and others aren’t. It is crucial to make sure the insurance company’s assigned lawyer doesn’t get the covered claims dismissed at the risk having the insurance company deny a defense of the uncovered claims.
Business owners hire CILC from the outset of their dispute to work with the assigned lawyer and make sure their right to coverage is always protected.
Insurance Portfolio Counseling & Audits
What business owner or manager would execute contracts worth millions of dollars to the business without consulting a lawyer? Countless, it turns out.
Your insurance policies are one of your business’ most valuable but overlooked assets. They are complex contracts potentially worth millions of dollars in benefits to your business when a loss occurs. You may not learn whether your insurance policy will deliver until you have a claim. Why take that chance?
Few businesses ask their lawyers to review their insurance contracts to confirm that they are appropriately tailored for their unique risks. Fewer still seek the advice of experienced insurance counsel.
Yet, insurance policies are not ordinary contracts. They are complicated, technical contracts requiring in-depth experience and expertise to properly understand.
It is critical that your policies coordinate with your business’ other contracts, including those with customers, suppliers, vendors, distributors, contractors, subcontractors, and others. These contracts often contain indemnity obligations and insurance requirements that implicate your insurance policies.
CILC can work with you, your business attorney, and your insurance agent/broker to make certain that your insurance policies and contracts are part of a cohesive risk management program that protects your business assets and income.
Our process is simple. CILC will:
- Identify your company’s key risk exposures through interviews, a site visit, and discussions with your broker and/or internal risk management staff
- Interview your broker to verify qualifications, experience, and diligence
- Review your current risk management program, including insurance policies and key business contracts (e.g., leases, vendor contracts, customer contracts)
- Identify strengths and weaknesses of insurance coverage
- Prepare a written report summarizing our findings and recommendations
These services won’t break the bank. CILC can customize our work for your business’ needs and budget.
Business Litigation & Contract Negotiations
Insurance coverage disputes and policy evaluation and drafting are closely related to other kinds of business disputes and relationships. In fact, coverage problems often relate to such disputes and relationships.
CILC’s insurance expertise is easily translated to these matters, and we have experience with all types of commercial law engagements. If you need assistance with a business dispute or contract negotiation, we can help.