Insurance Coverage Disputes
The client roster at Brault Graham includes some of the region’s – and the nation’s – largest, oldest and most respected insurance companies. An insurance policy is a contract between the issuer and the policyholder, and as such it is subject to the basic rules of contract law and interpretation. The unique nature of insurance contracts additionally presents further legal and factual issues when a claim is presented. The attorneys at Brault Graham are vastly experienced in analyzing coverage issues to determine the existence of a duty to defend or to indemnify, and in resolving insurance coverage disputes in Maryland and the District of Columbia.
Litigating and Resolving Insurance Coverage Disputes
It is reasonable, expected and necessary for an insurance carrier to examine any claim before paying benefits, and not clearly every denial of benefits is an example of bad faith. Insurance contracts are typically lengthy, complicated and highly technical documents, and good faith disagreement can arise regarding whether a particular claim is covered, requiring expert assistance to resolve. The attorneys at Brault Graham assist in the resolution of good faith coverage disputes, from the initial examination of the claim through any litigation, including trial and appeal,that may follow.
When a legal opinion is called for in determining coverage, our office reviews the policy terms and conditions against the factual background of the claim, and issues an opinion regarding whether or not there is a valid policy in place that applies to the claim at hand. If the matter is not resolved, we are prepared to litigate the coverage issue through declaratory judgment proceedings.
While consumers of insurance frequently focus on the duties of the insurance company, such as the payment of benefits on a valid claim or the duty to defend or settle a third party claim, it is important to note duties on the part of the policyholder as well. These duties include not only paying premiums in a timely manner, but also being forthright and complete in applying for insurance, and promptly notifying the insurer of any potential claim. Duties of either the insurer or the insured may be central to the resolution of an insurance coverage dispute.
Contact Brault Graham for Advice and Representation concerning Insurance Coverage Issues and Disputes
For help in analyzing coverage or litigating and resolving an insurance coverage dispute in Maryland or the District of Columbia, please contact us at 301-424-1060.