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Insurance

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For more than 25 years, national and regional insurance companies have trusted the attorneys at Christian & Small to analyze issues, identify risks, and limit exposure in virtually every type of insurance-related matter. Our attorneys have experience in a variety of litigation matters, including coverage and duty-to-defend disputes, professional liability, subrogation and bad faith cases, and directors and officers (D&O) liability matters.

 

Insurance industry clients rely on our background and knowledge to assess, anticipate, and vigorously defend claims for damages. We have successfully managed hundreds of cases in state, federal, and appellate courts. We are prepared to take a matter from discovery to summary judgment, deposition, or trial while aggressively protecting the client’s interests.

 

Members of the Insurance practice group are routinely recognized and ranked by industry peers including:

  • Chambers USA
  • The Best Lawyers in America®
  • Martindale-Hubbell
  • Benchmark Litigation
  • Super Lawyers®
Catastrophic Property Damage

Catastrophic property loss claims against insurance carriers typically raise complex coverage issues involving disputes over the timing and cause of the claimed loss; the assessment of reasonable property value; the design and structural sufficiency of damaged buildings and structures; the application of fire and building codes; and related issues. When a claim is subject to litigation, it likely includes allegations of breach of contract and bad faith.

Christian & Small insurance attorneys have successfully handled hurricane and other catastrophic loss claims since Hurricane Frederic in 1979, including in state and federal courts. They have successfully participated in mediation and appraisals and prevailed in summary judgment in hurricane-spawned lawsuits. In recent years, we have handled claims from Hurricane George, Ivan, Sally, Katrina, Michael, and Irma in Alabama, Mississippi, Florida, and Louisiana.

Extra-Contractual and Bad Faith Liability
When faced with allegations of bad faith or fraud, insurers must worry not only about damages specified in the insurance contract, but also about punitive damages for emotional distress that can exceed the stated limits of first-party or third-party insurance policies. Courts award these extra-contractual damages in bad faith litigation to punish willful insurer misconduct. Defending insurance companies against bad faith claims and extra-contractual damages has become more challenging as adverse legal decisions and new plaintiff’s counsel tactics emerge.
The insurance defense lawyers of Christian & Small help insurance carriers and their professionals analyze and understand the legal and business issues involved in processing insurance claims. We recognize that extra-contractual damage awards often arise from certain claims-handling practices, and we work to train our clients to process claims properly, draft denial letters, and identify red flags or warning signs of impending litigation. Our attorneys have experience working with different insurance lines including auto, life, health, disability, property, homeowners, and directors and officers (D&O) insurance.

When a bad faith complaint is filed, we aggressively defend the insurance company against the claim, prepare for trial, and work toward a prompt, less costly resolution. We have represented national and regional insurance carriers against some of the following insurance coverage bad faith claims:

 

  • First-party bad faith
  • Third-party bad faith
  • Statutory bad faith
  • Unfair claims settlements
  • Institutional bad faith
  • Comparative bad faith
  • Reverse bad faith
  • Fraud