Insurance Disputes

Insurance Policy Coverage
A significant portion of the budgets of most individuals and businesses is allocated to insurance. We are willing to pay for the peace of mind that comes from eliminating or reducing the risks posed by injury or death, accidental loss, acts of nature, business interruption, and all manner of other losses and catastrophes. Insurance itself can be daunting and insurance policies are sometimes unclear on coverage leading to differing interpretations of a policy.

Expertise In Insurance Contract Law
At KSK&M, we have the requisite expertise in general contract law - and insurance contracts specifically - to handle all manner of insurance disputes. Business disputes involving insurance typically involve the so-called "CGL" (Commercial General Liability) policy, a standard contract which generally varies little from insurer to insurer. Disputes under this policy typically arise when injury or loss results from a product or activity of an insured and one of the exclusions from coverage is employed by the insurance company to deny coverage of the loss. These exclusions will seem confusing to the insured and their meaning generally requires legal interpretation and advice.

When Interpretations Differ On Insurance Policies
New Hampshire provides insureds the ability to obtain an interpretation of coverage prior to bringing an action through a special statutory provision for "declaratory judgment". This statute provides an insured the opportunity to bring a separate action for a declaration of coverage within six months of any action which "gives rise" to the question of coverage (for example, within six months of a law suit against the insured for which there is a dispute between the insured and its insurer regarding coverage).

The Insurance Company Bears The Burden Of Proof
The New Hampshire statute provides that in any such declaratory judgment action, it is the insurance company's burden to prove that no coverage exists. Furthermore, the statute provides that if the insured prevails, the insured can recover reasonable attorney fees from the insurance company. Any business facing a significant insurance coverage dispute needs to consider the advisability of bringing such a declaratory judgment action.

Call Us For A Consultation On Your Insurance Coverage Disputes
If you have any questions regarding insurance coverage, please contact Jim Kazan.