Skilled Huntington, WV Attorneys Litigate Insurance Coverage Disputes

Experienced representation for claimants

Insurance policies are meant to shift the risk of liability for a particular activity from the policyholder to the insurer. However, when policies are unclear, when they contain convoluted language, or when their terms conflict with industry standards and government regulations, serious questions arise about the scope of their coverage. For example, has liability been shifted, or is the policyholder the sole party responsible for the losses? Our attorneys at McQueen Davis, PLLC draw on more than 50 years of combined insurance law experience to help resolve coverage disputes for a wide array of policies, including:

  • Automobile insurance
  • Business owner insurance
  • Commercial general liability
  • Commercial property insurance
  • Corporate directors and officers liability
  • Health insurance
  • Homeowners insurance
  • Life insurance
  • Long-term care insurance
  • Products liability insurance
  • Professional errors and omissions insurance
  • Renters insurance
  • Umbrella policies

We represent policyholders in litigation over issues of terms of coverage, exclusions, unfair handling of claims and policy limits.

What is a declaration of coverage or noncoverage?

Insurance coverage litigation attempts to resolve whether an insurance policy covers an insured party for an action or incident that gave rise to liability. Parties to the dispute may seek a declaratory judgment from the court to settle this question. In such as case, the court interprets the language of the policy in light of regulations, industry standards and case law to decide if the insured is covered for the claims cited. The ruling is binding for all subsequent litigation regarding the policy.

What is the insurer's duty to defend a policyholder?

An insurance policy may include language that obligates the insurer to defend the policyholder in liability lawsuits for areas the policy covers. But what if there is a question about the policy covering the precise scenario that led to the losses?

Insurance defense litigation is a costly endeavor, so insurers are loath to provide defense representation when there is any question regarding coverage. However, the requirement to defend has a lower standard than the duty to reimburse, so insurers must often litigate cases even when they won't ultimately have to cover the policyholder's losses. Therefore, insurers who blithely decline to defend and thereby expose their policyholders to judgments in excess of their policy limits may wind up paying the entirety of the judgment when the policyholder sues for bad faith.

Our seasoned West Virginia insurance litigation attorneys handle your coverage disputes

Ambiguity about insurance coverage can cause unnecessary losses. Our insurance attorneys have experience with all aspects of insurance coverage disputes. Call our legal team at McQueen Davis, PLLC at 304-840-0035 or contact us online to schedule a free initial consultation.