Insurance Coverage And Bad Faith

The insurance industry is committed to easing the concerns of everyday people and the companies they have built. Despite that, insurance carriers are often characterized as corporate enemies of the common person. We recognize that insurance coverage decisions are among the most complicated and impactful considerations insurance carriers and Special Investigation Units have to make, many times because an incorrect or ill-informed decision can subject the insurance carrier to significant exposure. Our attorneys at Sewell & Neal, PLLC, are committed to helping carriers navigate these issues before they become problematic, and they represent carriers exclusively in coverage matters.

We have substantial experience in researching and evaluating coverage, duty to defend, duty to indemnify, and other insurance contract interpretation issues on both standard and non-standard policy forms. Our attorneys routinely prosecute and defend declaratory judgment actions through the summary judgment phase, at trial, and on appeal on Commercial General Liability (CGL), Commercial Auto, Property, Errors & Omissions (E&O), and Builder’s Risk policies. Our attorneys can also assist in pre-litigation analysis and investigation by performing Examinations Under Oath (EUO) and ferreting out any allegations of insurance fraud that might affect a coverage decision. Whether you have a Construction Defect Coverage issue or the suspicion of Arson on a first-party property claim, the attorneys at Sewell & Neal, PLLC, have the experience to make your decisions more informed and, ultimately, easier.

We also represent insurers in all areas of bad faith both under the Kentucky Unfair Settlement Practices Act and common law theories. Kentucky is among one of the least favorable jurisdictions for insurers on bad faith actions due to its adoption of the third-party bad faith tort. That, coupled with the application of the Kentucky Consumer Protection Act and the breadth of discovery to be considered in bad faith cases, insurers need competent and experienced counsel when presented with any bad faith claim. The attorneys at Sewell & Neal, PLLC, are able to handle even the most complicated insurance coverage and bad faith issues.