Increased regulation and market volatility have created a complex insurance environment that requires a seasoned legal team capable of providing expert advice and anticipatory guidance.
Among the longest-standing and best-known practices at Fowler White, the Insurance Group is at the core of our firm. The group is recognized for its cost-effective services and commitment to deliver creative, aggressive representation in a timely manner.
The firm’s diversified portfolio of clients reflects our ability to handle a wide range of insurance matters. We represent major domestic life and casualty insurers, international underwriters and self-insureds, as well as multimillion-dollar corporations and business policyholders.
We have experience in virtually every line of insurance coverage, including:
- Automobile
- Advertising liability
- Aviation
- Business interruption
- Directors and officers liability
- Disability
- Excess and umbrella
- General liability
- Health and disability
- Homeowners
- Life
- Marine
- Medical malpractice
- Professional liability (errors and omissions)
- Property and valuable articles
Our firm actively pursues all avenues to resolve claims and limit exposure, and our experienced litigators achieve exceptional results while advocating for our clients’ best interests. Acting on behalf of both the insurer and the insured, we have prosecuted and defended complex individual and class actions. Our breadth of experience is represented by our work in the following insurance-related areas:
Coverage Analysis
As an important component to avoiding future litigation, we are often called upon to carefully analyze coverage responsibilities. With a thorough analysis of the policy language, our attorneys provide clear and concise judgments on coverage issues in conjunction with the particular allegations against the insured. We have prepared opinions detailing the insurance company’s rights, responsibilities and duties to the insured. Our attorneys understand the various coverage issues, including the duty to defend, reservation of rights, the duties owed by insurer and insured to one another and loss allocation issues such as indemnity, hold harmless agreements, liability limitations and insurance procurement agreements.
Coverage Litigation
The Insurance Group regularly defends insurance carriers in coverage disputes and against alleged wrongful denials of coverage. Our attorneys evaluate coverage policies to provide clients with a clear explanation of whether a breach of contract has occurred. We litigate a wide variety of disputes between claims managers and insurers, brokers and underwriters and primary and excess layer insurers. The firm’s insurance practice also represents insurers seeking declaratory judgment. If it is in the insurer’s best interest to avoid litigation of coverage issues, our attorneys work diligently with all involved parties in an effort to resolve the dispute in a mutually favorable manner.
Bad Faith / Extra-Contractual Claims
We defend adjusters, and primary and excess carriers against bad faith claims. These cases are critical to insurance companies because they can affect the integrity of the company and its bottom line by exposing it to potential punitive damage claims. Bad faith claims also involve legal and factual situations that require a specific legal skill set. Our attorneys have experience with every type of bad faith claim, including common law and statutory claims, and first and third party claims.
Insurance Defense Litigation
Our attorneys regularly defend clients against individual, complex and class action litigation. We actively litigate cases in state and federal courts throughout Florida and in alternative dispute resolution forums. Frequently appointed lead counsel or local counsel for multi-district litigation, the Insurance Group handles the full spectrum of insurance defense litigation, from personal injury and wrongful death to products liability and professional malpractice. We also have the advantage of calling upon the expertise of an in-house appellate group and other attorneys with broad subject matter expertise and industry knowledge in order to strengthen the merits of a case.
Keeping abreast of insurance industry changes, we provide meaningful counsel regarding the impact of legislative and regulatory developments. In addition, the Insurance Group offers risk assessment, evaluation of established policies and procedures and training. Our attorneys work alongside clients to develop and implement effective measures to minimize the litigation of contentious insurance issues. A broad range of capabilities, client-focused approach and favorable results has earned Fowler White a solid reputation as a leading insurance defense firm.