INSURANCE COVERAGE
We represent insurers and insureds in coverage disputes.
At SpencerWillson, we provide comprehensive representation to both insurers and insureds in an array of insurance coverage disputes. Our team has substantial experience offering coverage opinions and litigating declaratory judgment actions involving commercial general liability, professional liability, automobile, title, and workers’ compensation policies, as well as products and completed operations. We have successfully obtained summary judgments on complex issues and are proud to advocate for clients on either side of a case—our goal is justice, regardless of whether we represent plaintiffs or defendants.
Representative Matters
Uninsured Motorist Phantom Vehicle - Represented an insurer in a dispute over uninsured motorist coverage for damages allegedly caused by a phantom vehicle. Our focus included interpreting policy provisions related to unidentified drivers and establishing the insured’s burden of proof under Utah law.
Coverage for Non-Owned Automobiles - Defended an insurer against claims under a CGL policy involving motor vehicle accidents with non-owned vehicles operated by employees. We successfully mitigated significant exposure by demonstrating that the accident fell outside the named insured’s scope of business operations.
Primary and Secondary Coverage - Advised automobile insurers on the complex interplay between primary and secondary coverage, helping them navigate overlapping policy obligations while minimizing legal risk.
Title Insurance Exclusions - Represented insureds challenging coverage denials by title insurers, particularly in disputes over alleged title or authority defects. Our strategies addressed insurers’ reliance on policy exclusions that purportedly derived from the insured’s knowledge or involvement in the defects.
Duty to Defend in Intentional Act Claims - Counseled insurers on the scope of the duty to defend under Utah’s “four corners” rule in cases alleging negligence, gross negligence, and intentional acts. We helped establish that no coverage was owed for certain intentional or illegal conduct, including stolen cattle schemes and wrongful assaults.
Defining an Occurrence - Assisted carriers in interpreting policy definitions of an “occurrence,” enabling them to determine coverage applicability in disputes involving property damage or catastrophic losses. Our guidance successfully established no “occurrence” in multiple contexts, including environmental contamination and large fires.
Matching Regulations in Utah Administrative Code - Provided counsel to insurers on Utah’s “matching” regulations to ensure compliance in partial repair or replacement scenarios and limit coverage disputes.
Third-Party Tenders of Defense (Additional Insureds) - Advised insurers on whether to accept or deny defense tenders made by additional insureds for bodily injury claims. Our experience spans liabilities assumed by contract—such as construction agreements, land leases, labor-loan agreements, and indemnification clauses.
