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5/5/25
Our insurance law team members are advisors and advocates for over a dozen carriers throughout the country including Hartford, Travelers, Nationwide, Colony and the Berkley Companies.
Our insurance law team members are advisors and advocates for over a dozen carriers throughout the country including 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 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.
Our representative cases include:
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 the Defense Research Institute 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. Some recent accolades include the following:
Philip Savrin was cited by the Georgia Supreme Court as an expert on insurance law in its decision on defending an insured under an effective reservation of rights in World Harvest Church, Inc. v. GuideOne Mutual Insurance Company.
Seth Kirby authored the Georgia chapter for DRI’s 2012 publication Professional Liability Insurance: A Compendium of State Law, and he is presently serving as co-editor for the southeast region for DRI’s upcoming Reservation of Rights Compendium.
Our areas of insurance law expertise include:
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.
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 Litigation – From filing declaratory judgment actions to establish your rights and obligations under a policy, to defending carriers against allegations of bad faith, we have the skills necessary to champion your interests at every stage.
Training – 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.
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.
BlogLine
5/5/25
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Tenth Circuit clarifies scope of absolute pollution exclusion
5/5/25
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Got coverage? Claims-made policies, tolling agreements and “no prior knowledge” conditions
4/23/25
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Georgia Court of Appeals decides “resident relative” determination is for the jury
4/16/25
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4/8/25
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Sixth Circuit Court of Appeals affirms denial of coverage for data breach under CGL policies
3/27/25
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3/25/25
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California increases auto insurance minimums for the first time since 1967
2/12/25
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FMG convinces Eleventh Circuit to find for client on competing “other insurance” clauses
12/27/24
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Oh, Saturday night’s alright for fighting, but you won’t get a little coverage in
12/20/24
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No duty to defend finds Illinois Appellate Court under cyber policy for BIPA claim
11/11/24
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Insured’s lease bars carrier’s subrogation claim against tenant
11/7/24
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Who paid whom? Illinois Supreme Court addresses an insurer’s right to contractual subrogation
10/9/24
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Florida court hits the brakes: Insurer does not owe duty to defend in Fojon v. Ascendant
9/9/24
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Illinois governor signs BIPA amendment into law
8/8/24
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7/8/24
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Michigan Supreme Court: No PIP benefits owed where fraud occurs during litigation
6/18/24
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Indiana personal injury plaintiff gets to have her cheddar biscuits and eat them too
6/12/24
Firm News
Chambers and Partners USA Guide 2024 Ranks FMG and FMG Attorneys
6/6/24
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5/13/24
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HOA’s mistake paves the way for duty to defend under D&O policy for computer fraud claims
5/7/24
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“We’re just sharing a ride, not insurance”
4/30/24
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4/25/24
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Indiana Supreme Court refuses to recognize third-party claim for spoliation
4/8/24
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Washington Supreme Court: Beware of the resulting loss exception to the faulty workmanship exclusion
3/19/24
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3/14/24
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Insurer petitions Ninth Circuit for rehearing on pollution exclusion case
2/22/24
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2/19/24
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2/19/24
Firm News
FMG’s Insurance Coverage Team Releases 2023 Annual Report
2/16/24
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12/27/23
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Supreme Court of Florida rules bad faith settlements are not collateral sources
11/27/23
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Church’s word, without evidence, does not support a breach of faith in Texas
11/17/23
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Ohio’s Second District holds disclosure of claims valuation to be “grossly prejudicial”
11/14/23
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11/7/23
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11/6/23
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11/2/23
Events
Webinar: Reservation of Rights Letters – Practice Pointers
11/15/23
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4/22/22
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Chubb unit beats virus coverage suit brought by NJ apparel company
3/25/22
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The 11th Circuit deals blow to Employer’s Liability exclusion finding ambiguities under Alabama law
3/15/22
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3/3/22
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When Fido becomes family: insurance industry is impacted by new trends in American pet ownership
2/9/22
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2/3/22
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The Travis Scott concert tragedy and related insurance issues
12/27/21
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It just became more difficult for plaintiffs to scream ‘Counter-Offer’
12/13/21