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5 Reasons You Need a Policyholder Insurance Coverage Attorney on Speed Dial

1 - To ensure your company is buying the right coverage.

Most companies assume hiring an insurance broker guarantees they are buying the right types of coverage. That is the broker’s job, isn’t it? Brokers are an essential partner when procuring commercial insurance, but they are not infallible. I cannot tell you how many times I have been retained by a client only to determine that their broker did not obtain the right insurance to cover a claim. In one instance, the broker failed to obtain commercial general liability insurance for a landlord. In another matter, the broker neglected to purchase coverage for all subsidiaries of a parent company. By consulting a coverage lawyer before purchasing insurance, your business can avoid these simple yet expensive blunders.

2 - To ensure you can access representation when you need it.

Just because your company utilizes a large firm for general litigation and corporate matters does not mean you already have a coverage lawyer on call. The opposite is probably true. Medium-to-large law firms almost always do some work for the insurance industry, so they cannot represent policyholders against insurers. Consequently, policyholder attorneys without a conflict of interest are few and far between. Scrambling to locate a competent coverage lawyer is the last thing you want to do when your company is facing a large claim.

3 - To ensure your company timely notifies its insurers of a potential or actual claim.

Generally, at a minimum, a company must inform its insurer of a possible claim “as soon as practicable.” Many policies, however, are issued on a “claims made” basis, which imposes much stricter timelines. Such policies require that the claim both be made against the insured and reported to the insurer during the policy’s active period. Often, notice must also be given within 30 or 60 days of receiving the claim. If timely notice is not provided to the insurer, the corporate policyholder potentially forfeits coverage.

4 - To make good on your company’s significant investment.

The premiums on nearly every type of insurance are rapidly increasing. Companies shoulder these hefty premiums with the aim of transferring the risk of defending and paying claims to their insurers. A skilled policyholder attorney can assist a company in ensuring the insurers step up and cover claims that are filed against the company. After all, insurers are not charities. A coverage lawyer can make sure that your company’s insurance premiums are strategic investments, not empty donations.

5 - To resolve disputes with the company’s insurers.

Insurance companies are effectively litigation shells. Denying claims and engaging in protracted legal actions with policyholders is a core part of their business. By contrast, insurance coverage litigation is not a feature of your business. As such, companies should consider retaining a coverage lawyer to try to resolve disputes outside of court. If litigation becomes necessary, companies should investigate alternative billing arrangements with their coverage attorney (e.g., flat fee, contingency) to minimize the financial burden. And be prepared for a no-holds-barred contest.

 

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Polales Horton & Leonardi LLP is experienced in handling complex insurance coverage matters on behalf of policyholders across the United States. To discuss your specific insurance coverage issue, please contact Jacob M. Mihm.