Insurance Litigation

Insurance Litigation Law Firm

Insurance law is highly complex and litigation cases are costly and protracted. Let our attorneys at J Lowe Law deal with your complicated insurance litigation matters (first-party coverage, third-party coverage, bad faith, etc.) by using our strong legal counsel to advocate for your best interests. Whether it be a coverage dispute or other insurance issue, the attorneys at J Lowe Law are here to assist you every step of the way.

The attorneys at J Lowe Law are well-versed in handling both first-party and third-party coverage claims. 

Insurance Litigation

Types of Coverages and Claims

  • First-Party Coverage – First-party insurance is insurance that covers the losses of the person named on the policy. The policyholder may be a company, an individual, or a group of individuals of a particular class such as employees of a company, a person’s family, or occupants of a particular vehicle. A first-party claim is when the policyholder makes a claim against their own insurance policy.
  • Third-Party Coverage – Third-party insurance is insurance that is purchased to protect a person against liability for damages or losses that they caused. The policyholder may be a company, an individual, or a group of individuals of a particular class (such as employees of a company, a person’s family, or occupants of a particular vehicle). A third-party claim is when someone makes a claim against someone else’s insurance policy. 

Common Property Policies

The attorneys at J Lowe Law are well-versed in dealing with litigation involving all types of insurance policies, including, but not limited to the following types of policies.

Homeowners insurance is probably the best-known type of property insurance. Standard homeowners’ insurance policies cover losses and damages to your residence’s structure along with furnishings and other assets. It also provides liability coverage for accidents that happen inside your home or on your property.

Condo insurance is purchased by the condo owner to provide financial protection for loss and repair to the condominium unit they own. A lot of condo owners do not realize that their condo and personal property are not covered by their condo association (aka HOAs). HOA insurance typically focuses on the building structure and common areas. But condo owners are responsible for the coverage on the specific unit they own.

Generally, condo insurance coverage typically includes:

  • Personal liability: If someone is injured inside your condo, liability coverage will help you pay for related legal and medical expenses.
  • Structural protection: If damage is caused to the walls (interior or exterior) of your condo unit by a covered peril, property protection coverage will help you pay for repairs.
  • Personal property: If your belongings (electronics, appliances, furniture and clothing) are stolen or damaged, condo insurance will help pay to repair or replace them.

If you own property and rent it to tenants, typically, the landlord will obtain landlord insurance. Landlord insurance protects you legally and financially from damages or injuries related to a rental property you own. Landlord insurance policies include at least three core protections: property damage, liability and lost rental income.

Renters insurance provides coverage for a renter’s (or subletter’s) belongings and liabilities. Anyone renting (or subletting) a single-family home, apartment, duplex, condo, studio, loft or townhouse can purchase a renters insurance policy. Renters insurance covers damage to renters’ personal belongings from fire, smoke and water damage that occurs inside the rented property. It also provides liability coverage if someone is injured in the property you rent. 

Mobile home insurance is insurance for manufactured homes. It covers any dwelling that falls under the manufactured home definition. Much like standard homeowners’ insurance, mobile home insurance covers liability claims, the home itself and your personal belongings. Most of the same coverage options that are included in homeowners’ insurance are also included in mobile insurance. The main difference between the two policy types is how insurance companies determine your home’s value.

Flood insurance is an extra layer of protection that covers dwellings for losses caused by flooding from heavy or prolonged rain, melting snow, a coastal storm surge, blocked storm drainage systems or levee dam failure. Flood insurance policies are different from the basic hazard insurance coverage that’s usually included in homeowners’ insurance (for example, water damage from a burst pipe or a toilet that overflows). Flood insurance, on the other hand, provides coverage for water damage caused by the rising of a body of water that covers normally dry land. Flood insurance is not a normal part of your homeowner’s insurance and must be purchased separately.

Common types of claims involving the above policies include, but are not limited to, the following:

  • Auto insurance claims
  • Business interruption claims
  • Commercial property insurance claims
  • Condominium property insurance claims
  • Hotel damage claims
  • Hurricane insurance claims
  • Residential property insurance claims
  • Restaurant insurance claims

Some examples which may lead to a dispute between an insurance company and its insured include, but are not limited to, the following:

  • Mishandling information relevant to the claim
  • Misinterpreting the circumstances (including resulting losses) that prompted the insured to file the claim
  • Overlooking types of coverage offered in the insurance policy (resulting in a denied or undervalued claim)
  • Drawing out the claims process unnecessarily
  • Ineffective communication with the policyholder
  • Denying a claim without offering a reasonable explanation
  • Failing to pay medical providers or other specialists after the policyholder has paid their premiums and hit their deductible
  • Improper and baseless denials of a policyholder’s claim

Insurance law is highly complex and litigation cases are costly and protracted. The attorneys at J Lowe Law are ready to handle your complicated insurance litigation issues (first-party coverage, third-party coverage, etc.) by using our strong legal counsel to advocate for your best interests. Whether it be a coverage dispute or other insurance issue, the attorneys at J Lowe Law are here to assist you every step of the way.

Commercial & Contractor General Liability Insurance

General liability insurance, sometimes called commercial general liability (CGL) insurance or contractor general liability insurance, is a class of insurance that provides liability protection to businesses in the case of bodily harm or property damage during the course of business. Insurance providers create various versions of these policies available to professionals in construction and for construction projects. Whether you are the property owner, a construction company, or a contractor, liability insurance policies are available to protect policyholders from unnecessary risk.

General liability insurance policies will usually cover a broad range of damages, including:

  • Faulty workmanship
  • Job-related injury
  • Advertising injury / defamation
  • General liability insurance policies are available through various providers for the following types of businesses:
  • Residential general contractors (RGC)
  • Developers
  • Remodelers
  • Light commercial general contractors
  • Trade / specialty contractors (HVAC, electrical, plumbing, etc)

Like Builders Risk and other types of insurance coverage, certain exclusions are likely to be defined in the policy, protecting the insurance company from having to cover certain types of damages or incidents.

Errors & Omissions Insurance / Professional Liability Insurance

Errors and omissions insurance, also known as professional liability insurance, is a type of insurance offering that provides coverage for businesses against claims arising from errors or mistakes in their work. For example, if an engineer makes an error when calculating the structural requirements for a building, which later causes the owner to have to make costly repairs down the line, the owner might sue the engineer to recover the costs. In that case, the engineer’s E&O policy might cover the claim.

Commercial Auto/Truck Insurance

Commercial auto insurance, or commercial vehicle insurance, is not exclusively available for construction projects. It is insurance intended to provide auto insurance to vehicles used by businesses. The coverage provided by commercial auto insurance is intended to help policyholders avoid high vehicle repair costs, medical expenses, or lawsuits resulting from auto accidents.

There are several coverage options for commercial auto insurance policies that mirror the coverage options of standard auto insurance policies. The standard coverage options include:

  • Liability Coverage – This protects the company and employees from expenses associated with accidents caused by employees.
  • Physical Damage Coverage – This covers damages to company vehicles after a covered collision. This could also include comprehensive coverage, which protects against stolen vehicles, damaged from vandalism, or destruction from natural disasters.
  • Medical Payments Coverage – This coverage helps to pay for injury-related expenses resulting from a covered incident, including medical bills, hospital fees, ambulance costs, and funeral expenses.
  • Uninsured Motorist Coverage – This type of coverage covers damages and injuries caused by uninsured drivers. This is necessary because it is your personal liability coverage that covers damages and injuries that you cause to others. If you get into an accident with someone who does not hold this coverage, you still want to be covered from high medical or repair costs.

Inland Marine Insurance

Inland marine insurance is another broad class of insurance that spans well beyond the construction industry. Inland marine insurance coverage has evolved to cover many types of property, including property in transit, mobile equipment, property in the custody of a repairman or storage facility, property commonly used in different locations, and even computer equipment and digital information. For the construction industry “inland marine insurance” applies primarily to the tools and equipment used by contractors and developers. For this reason, in construction industry, it’s commonly referred to as “tool and equipment insurance” or “contractor equipment insurance”.

These insurance policies cover many types of property used by construction professionals, contractors, and developers, including:

  • Contractor’s tools, equipment, clothing, and supplies (hammers, drills, generators, electric saws, wood, drywall, etc.)
  • Mobile equipment (excavators, forklifts, loaders, cranes, etc.)
  • Leased or borrowed equipment (leased tools or mobile equipment like electric generators and forklifts)
  • Computer equipment and data (laptops, tablets, private project data)

Workers’ Compensation Insurance

Workers’ compensation insurance, also known as workers’ comp or workman’s compensation, is insurance coverage designed to protect businesses and contractors when their employees are injured while on the job. It does this by covering the following costs after a covered incident:

  • Medical expenses
  • Missed wages
  • Ongoing recovery costs related to an injury
  • Legal fees when an injured person sues the policyholder
  • Funeral costs and death benefits

Workers’ compensation insurance spans beyond just the construction industry, but it is an important piece of coverage for developers and contractors who plan to employ others who stand any chance of injury on the job.

Construction insurance litigation is highly complex and litigation cases are costly and protracted. The attorneys at J Lowe Law are ready to handle your complicated construction insurance litigation issues (first-party coverage, third-party coverage, etc.) by using our strong legal counsel to advocate for your best interests. Whether it be a coverage dispute or other insurance issue, the attorneys at J Lowe Law are here to assist you every step of the way.

(214) 310-1419

Schedule a Consultation

This field is for validation purposes and should be left unchanged.

PRACTICE AREAS