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Insurance Coverage and Extra-Contractual Liability

Our insurance coverage team members are advisors and advocates for over two dozen carriers throughout the country including major national carriers such as Allianz, Argo, Fidelity National, Hartford, Travelers, Nationwide, Colony and the Berkley Companies. We have earned the trust of our clients through our consistent efforts to develop well-reasoned outcomes for insurance carriers in state and federal courts. Our team has handled insurance coverage and bad faith litigation ranging from relatively minor declaratory judgment actions, to major inter-company disputes, to the defense of multi-million dollar bad faith claims. Each member of our team has actual litigation experience outside of the coverage world, so we know what it is like to face high-dollar claims in the defense of product liability, professional liability and personal injury claims. This practical, real-world experience helps us temper our advice with a dose of reality, which gives us an added edge in resolving claims that involve disputed liability as well as coverage questions.

Insurance law operates at the crossroads of risk transfer concepts and the reality of litigation. Insurance professionals need reliable and trusted advocates that have both the intellectual rigor to understand the insurance issues presented by their cases and the experience to guide them through litigation that may be necessary to protect their rights. We welcome the opportunity to serve as your guide.

Collegiate Licensing Co. v. American Casualty Company of Reading, Pa., addressing the "First Filed Rule" to competing declaratory judgment actions in a complex insurance coverage matter

Cotton States Insurance Company v. Brightman, in which the Supreme Court of Georgia set forth the parameters of a "failure to settle" claim including the requirement that there be a demand within policy limits

Hoover v. Maxum Indem. Company, in which the Supreme Court of Georgia considered a bad-faith failure to settle claim involving preservation of coverage defenses

Scottsdale Insurance Company v. Great American Assurance Company, which addressed coverage for indemnity agreements under the "insured contract" exception to the contractual liability exclusion in CGL policies

Maxum Indemnity Company v. Jimenez, which involved whether a contractual liability for a subcontractor's pipe instillation was a covered "occurrence" under a CGL policy

North American Specialty Insurance Company. v. Pen Pals Productions, LLC, which applied the "mobile equipment" exclusions in a CGL policy issued to a movie production company

Nationwide Mutual Fire Insurance Company v. Dillard House, Inc., which resolved whether an exposure to Legionnaire's disease was a covered occurrence under a CGL policy

Our attorneys have decades of experience in insurance law and are leaders in the field. They are active members in the Insurance Law Committee of DRI - The Voice of the Defense Bar as well as PLUS, and they regularly publish articles and speak on insurance topics to stay abreast of the latest developments in coverage law and insurance products. One of our attorneys even holds a CPCU designation. Some of our recent articles have addressed whether (and when) insurers should split files between coverage and defense; the substantive and procedural requirements for preserving coverage defenses when defending under reservation of rights; and the evolving standards of the bad faith failure to settle claim.

Our areas of insurance law expertise include the areas shown below.

Insurance Coverage Professionals
Section Co-Chair - Barry Miller
Section Co-Chair - Marc Shrake
Section Vice-Chair - Matt Boyer

Agents & Insurance Brokers

FMG attorneys regularly handle complex coverage matters, including preparing opinion and disclaimer letters and reservation of rights agreements. We routinely handle declaratory judgment actions and bad-faith claims and intervene in ongoing liability actions to protect the insurer's interests. We also monitor the defense of matters that are defended by other law firms for our business clients and excess carriers and advise on the adjustment and handling of first-party claims.


Bad Faith and Extra-Contractual Defense

Our attorneys have defended carriers in hundreds of cases alleging bad faith and seeking extra-contractual damages. We have the skills necessary to champion your interests at every stage of defense.


Claims Investigation

Often the most difficult part of any claim is determining its true worth. We can conduct investigations, including examinations under oath, to assist you in determining the legitimacy and value of a claim.


Coverage Analysis

From the initial stages of a claim through its resolution, we can help you analyze your policy and properly respond to demands for coverage including assisting with the development and drafting of appropriate denials or reservations of rights.


Coverage Litigation

From pre-litigation to filing declaratory judgment actions to establish your rights and obligations under a policy, FMG's attorneys bring a national reputation as knowledgeable and successful advocates for our carrier clients and have a demonstrated record of success throughout the country.



Our team of attorneys want to ensure that they empower their clients to get things right from the beginning so that the insureds receive the benefit of their coverage and our clients can avoid making costly mistakes. In that regard, we are committed to creating and providing training opportunities for our clients. We can also assist you in the creation of best practices to help establish appropriate responses to common coverage issues.