Insurance Claims and Coverage

Commercial
Commercial

We represent policyholders, not insurers, in claims under CGL, cyber, D&O, and E&O policies, handling notice and tender, responding to reservations of rights and denials, and litigating coverage and bad faith disputes when a carrier refuses to defend or pay.

Insurance is often the largest asset a company has when it gets sued, and it is also one of the easiest to lose through late notice or a careless response to the carrier. We represent policyholders. When your company faces an IP lawsuit, a data breach, a shareholder claim, or a customer's demand over professional errors, we read your policies against the claim, tender to every carrier that might respond, and push for a defense and payment. When a carrier reserves rights, denies coverage, or refuses a reasonable settlement, we press the claim, negotiate, and litigate coverage and bad faith.

Policies That Respond To Claims

Commercial general liability policies cover bodily injury and property damage caused by an occurrence, and Coverage B covers personal and advertising injury, which can include disparagement, privacy violations, and copyright, trade dress, or slogan infringement in your advertisement. Standard ISO forms exclude most other IP claims, so policy wording controls. Cyber policies cover first-party breach costs, ransomware, and business interruption, plus third-party privacy liability. D&O policies protect directors, officers, and often the company against securities, regulatory, and governance claims. E&O and technology professional liability policies cover claims that your services or software failed. Many of these are claims-made policies with strict reporting windows.

Tender, Notice, And Reservations

Coverage is often won or lost early. Policies require notice of a claim, and claims-made policies often require reporting within the policy period or a short extended window. Many states, including Tennessee, apply a notice-prejudice rule to occurrence policies, but that protection is uneven for claims-made coverage. The duty to defend is broader than the duty to indemnify: in most states, an insurer must defend if the complaint alleges facts that could potentially fall within coverage. A reservation of rights letter lets the carrier defend while preserving its defenses, and in some states a resulting conflict of interest entitles you to independent counsel at the insurer's expense.

Pursuing The Claim

We start with a policy audit: every policy you had in force, including primary, excess, and umbrella layers, and older occurrence policies that may still respond. We prepare tenders that frame the claim in the language of coverage, and we answer reservation of rights letters point by point so that weak defenses are challenged on the record. We coordinate between defense counsel and the carrier, manage consent requirements for settlement, and track defense cost reimbursement and allocation between covered and uncovered claims. In IP and technology cases, we look for Coverage B advertising injury, technology E&O, and cyber coverage, since a single lawsuit can trigger more than one policy.

Coverage And Bad Faith Litigation

When a carrier denies a defense or refuses to pay a covered loss, we file declaratory judgment and breach of contract actions to establish coverage and recover defense costs and indemnity. When an insurer unreasonably refuses a settlement within limits, delays payment, or fails to investigate, many states allow bad faith claims for damages beyond the policy. Tennessee's statute, Tenn. Code Ann. 56-7-105, allows a penalty of up to 25 percent of the loss after a formal demand and a 60-day waiting period, and other states recognize common-law bad faith with broader remedies. We also handle appraisal and arbitration where policies require them. Disputes are handled with our Litigation practice.

Mistakes That Cost Coverage

Give notice of every claim, demand letter, subpoena, and regulatory inquiry to every potentially applicable carrier, even if you think the claim is weak or uncovered. Do not settle, admit liability, or incur defense costs you expect the carrier to pay without checking the policy's consent and cooperation terms. Read renewal applications carefully, since misstatements can void coverage, and know your retroactive dates when changing carriers. Keep copies of every policy, including older ones. Do not accept a denial letter as the final word; many denials rest on a broad reading of exclusions that courts construe narrowly against the insurer. And involve coverage counsel before mediation, not after.

Frequently asked questions

Sometimes. Coverage B of a standard CGL policy covers certain advertising injury offenses, including copyright, trade dress, or slogan infringement in your advertisement, along with disparagement and privacy claims. Most forms exclude patent and other trademark claims, and many technology companies' policies carry additional IP exclusions. Because the duty to defend turns on the allegations, it is worth tendering even when coverage seems doubtful.

It is a letter in which the insurer agrees to defend a claim while reserving its right to deny coverage later, often citing specific exclusions. It is not a denial, but it signals a potential dispute. Respond in writing to the stated grounds, preserve your own rights, and ask whether the reservation creates a conflict that entitles you to independent counsel.

As soon as practicable under most policies, and claims-made policies often require reporting within the policy period or a short window after it ends. Late notice is one of the most common reasons coverage is lost. Report every claim, demand, and potential claim to all policies that might respond, including excess carriers, as soon as you learn of it.

In many states, yes. Bad faith claims arise when an insurer unreasonably denies or delays payment, fails to investigate, or refuses a reasonable settlement within limits and exposes you to a larger judgment. Remedies vary by state, from a statutory penalty, such as Tennessee's penalty of up to 25 percent of the loss, to extracontractual and sometimes punitive damages.

No. In coverage matters we represent policyholders: businesses, their directors and officers, and other insureds. That keeps our interests aligned with yours when we read a policy, respond to a reservation of rights, or sue a carrier. We also coordinate closely with your defense counsel, and in IP, technology, and commercial cases we can handle the underlying defense as well.

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