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Insurance policy analysis is a studious exercise with little to no margin for error. Yet determining the rights and obligations set forth in an insurance policy can, as one high court observed, resemble a confrontation with a Gordian Knot. Hindson v. Allstate Ins. Co., 694 A2d 682, fn.1 [R.I. 1997]. Considering that every loss has unique facts -- and the complicating overlay of state law variations in policy construction altering outcomes -- even seasoned professionals can find challenge in making the correct determinations.
Our dedicated insurance practice helps insurers where coverage is uncertain, where positions are contested, or where disputes with other insurers or policyholders require experienced coverage counsel. We assist in policy interpretation and in the determination of the applicability, scope and interplay of obligations. We represent insurers where declaratory relief or other litigation is necessary to establish the parameters of coverage, or necessary to enforce a policy defense. We have authored thousands of coverage opinions and litigated hundreds of coverage suits.
In addition to our seasoned facility with commercial general liability, property and excess/umbrella coverages, we are frequently called upon to analyze policies insuring risks such as commercial auto and trucking, aviation, environmental liability (PARRL), cyber, professional liability, and myriad products offered by surplus/excess line carriers and risk retention groups.
Issues commonly encountered include:
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