McGowan & Associates represents insurers in complex coverage disputes as well as our south shore corporate clients and individual policyholders in all facets of insurance coverage law, including complex insurance policy analysis.
Insurance coverage claims often result in disputes involving the interpretation of liability insurance policies and the application of such policies to various claims or events. We are practiced in the interpretation and application of liability insurance policies under state and federal law.
Common issues include the duty to defend, defenses provided under reservations of rights, concurrent coverage, primary and excess coverage, and a great variety of other matters frequently facing both insureds and insurers. Complex coverage issues can often arise when insureds make claims for defense and indemnification for construction claims, business interruption and property loss claims, claims for bad faith and punitive damages, errors and omissions claims, and malpractice claims. Our familiarity with the terminology and construction of both standard form policies — i.e. comprehensive general liability, homeowners, personal auto and business auto — as well as professional insurance products available — i.e. directors and officers, legal malpractice, public officials, law enforcement, school boards and educators, and employers’ liability — enables us to protect our clients in all aspects of their coverage disputes. We provide coverage opinions, guidance, and monitoring of claims.
Our practice includes the preparation of detailed coverage opinions, the prosecution or defense of declaratory judgment actions, and the response to claims under consumer protection statutes or insurance regulations.
For our local clients, our task is to promptly resolve coverage disputes. Often resolution can be achieved without the need for litigation. When litigation becomes necessary, our trial lawyers consistently achieve successful outcomes for our clients.
When bad faith claims and other insurance coverage disputes arise, we advocate aggressively for our clients and have achieved successful results in mediation, arbitration, and the state and federal courts.