Insurance Coverage and Settlement Negotiations
It continues to surprise me how many lawyers and business people fail to immediately identify every possible source of defense and indemnity funds in their risk management department when they are first sued. It's even more surprising when counsel and clients still haven't searched out all potential coverage by the time the case is before the Court for a Mandatory Settlement Conference or scheduled for a mediation.
As environmental insurance coverage counsel, I and my colleagues spent years litigating the issue whether the term "sudden" as used in a CGL policy's polution exclusion meant "quick" or only unexpected. (you can find the Shell v. Winterthur case deciding this issue, among others, reprinted on the Gordon & Reese website).
The lesson? Don't think your policy doesn't cover the lawsuit just served on you just because its terms don't appear to cover your potential loss. Take it to the creative people who nearly convinced California's courts that "sudden" does not have a temporal meaning.
That said, Perkins Coie has been running an excellent series of articles on its web site called "Top Ten Issues to Consider When You Are Sued." (not if?) The second article in the series identifies the types of insurance policies that might, at a minimum, pay your attorneys fees even if they will not make indemnity payments at the end of the day.
If I were a business person (or a litigator who doesn't have a thorough understanding of coverage issues) I'd definitely bookmark the Perkins Coie article, which you can find here.




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