Tort and Insurance

Insurance Agents E & O

The Gaddis Law Firm litigates Insurance Agents Errors & Omissions Liability suits, in some cases representing the agent and in other cases representing the Plaintiff.  The largest single reason an agency is sued is because the insurer with whom the agency placed the coverage denies a claim brought by a policyholder.  And, since the policyholder does not know whether or not the Court will find coverage applies to their loss until later in the case, the policyholder will often sue, not only the insurer, but also the agency.  Whether representing the Plaintiff or the agent, the assessment and resulting strategy follows a similar track.  That is, in suits where the insurer’s denial of coverage is in issue, the first thing The Gaddis Law Firm does is assess the insurer’s coverage decision.  Where the coverage decision by the insurer was correct, then The Gaddis Law Firm assesses the facts to determine whether or not there was a breach of any legally recognized duty by the agent. 

Where the coverage decision by the insurer was incorrect, then The Gaddis Law Firm focuses on that issue as the primary issue in the case, whether representing the agency or the Plaintiff.  Since the loss should have been treated as covered by the insurer, there can be no action against the agent for failure to procure coverage.  After these assessments are made, the litigation strategy can then be developed.

Where coverage is not the issue, or was once an issue, but the Court has determined that the insurer’s denial of coverage was correct, then The Gaddis Law Firm assesses whether or not the insurance agent breached any legally recognized duty.  The litigation strategy can then be developed.

DEFENSE OF BUSINESS POLICYHOLDERS

The Gaddis Law Firm also defends businesses that are sued in Tort or Contract when their purchased Liability insurance fails to respond to the suit due to the insurer’s denial of coverage.  In addition, The Gaddis Law Firm acts as independent counsel monitoring the litigation of businesses that have been sued for an amount in excess of their available insurance coverage and dealing with the associated “Stowers” and related issues.

DECLARATORY JUDGMENTS & RELATED SUITS

The Gaddis Law Firm also litigates Declaratory Judgment actions for the determination of the existence coverage.  Along with Declaratory Judgment suits, The Gaddis Law Firm litigates Breach of Contract coverage cases relating to claims against insurers including the related common law and statutory remedies.  And to the extent Insurance Code or Deceptive Trade claims are involved, The Gaddis Law Firm also litigates those as well.