Since 1950, Ericksen Arbuthnot has represented insurance companies and policyholders in a wide variety of insurance coverage matters. The firm’s insurance practice group has both the experience and knowledge to assist carriers and insureds in all aspects of insurance law including regulatory compliance, claims investigations, coverage opinions, declaratory relief actions, contribution actions, and bad faith litigation.
California has one of the most extensive regulatory schemes in the country when it comes to insurance. Small mistakes can result in heavy fines and serve as the basis for bad faith claims. Our firm has extensive knowledge of what it takes to comply with these regulations and how to avoid common pitfalls. From providing seminars on California’s Fair Claims Practices Act to advising clients respecting discrete legal issues, our attorneys can assist carriers and insureds in navigating California’s complex, ever-evolving legal landscape.
First Party Claim Investigations
Claims investigations are one of the most sensitive areas of the law, requiring the investigator to balance the rights of the insured along with the carrier’s interest in confirming the existence of a covered loss. Our insurance practice team has a long history of investigating potentially false and fraudulent first party claims and understands that such investigations must be independent, fair, thorough, efficient and accurate.
Numerous carriers have looked to Ericksen Arbuthnot for guidance in making both first party and third party coverage determinations. Ericksen Arbuthnot’s comprehensive coverage opinions go beyond a simple review of the policy and known facts. Our attorneys provide a clear and concise analysis relying upon on-point case law while also identifying future developments which might alter coverage. Our clients can trust that the opinions they receive from our attorneys will give them the legal insight they need to make well-informed and well-reasoned coverage decisions.
Declaratory Relief Actions
We have extensive experience in litigating coverage issues and securing judicial determinations of rights and obligations owed under insurance policies.
Our attorneys represent insurers in seeking (or defending against claims seeking) equitable contribution. These actions arise in situations where more than one insurer has coverage obligations to the same insured, including co-insurers and insurers issuing Additional Insured Endorsements.
Bad Faith Litigation
Ericksen’s attorneys are skilled at working with clients in the claim-handling stage to identify and address issues that could create exposure to a costly bad faith claims. Where a bad faith action cannot be avoided, Ericksen’s attorneys will defend the “bad faith” action vigorously and efficiently while taking into account the client’s ongoing duties of good faith and fair dealing with respect the insured.
Favorably prosecuted declaratory relief action in trial court...
Successfully defended liability insurer in declaratory relief action by obtaining judgment following demurrer on question of whether sums ordered by an administrative agency constitute "damages" under the policy's indemnity coverage.
Won a summary judgment in a declaratory relief action in which the court held that the business pursuits exclusion applied and eliminated coverage under a Homeowner's Policy.
Obtained significant recoveries in contribution actions brought against other insurers issuing Additional Insured Endorsements to our client's insured.
Issued coverage opinions with respect to a wide range of provisions in many types of insurance policies, successfully allowing our insurer clients to assert coverage defenses and resolve coverage disputes without litigation.
- Show more
Graham Cridland to Co-Present an AM Best Webinar
Partners Joseph J. (J.J.) Minioza, Douglas (Gregory) Kilduff, David Frankenberger, Andrew Chan and Carol Ann Seita Are Selected as 2021 Super Lawyers
Andrew J. Chan Promoted to Partner
Los Angeles Office Successfully Dismisses Suit Against Client
Joseph J. (J.J.) Minioza, Douglas (Gregory) Kilduff, David Frankenberger, and Andrew Chan Are Selected as 2020 Super Lawyers
- Show more