INSURANCE COVERAGE
We represent insurers and insureds in insurance coverage disputes.
Our experience includes providing coverage opinions and litigating declaratory judgment actions in cases involving policies insuring commercial general liability, professional liability, automobiles, land titles and seller agency authority, fires, products and completed operations, and workers' compensation. Our record includes winning summary judgments on complex insurance coverage issues.
Unlike many law firms and attorneys who are forced to "pick sides", SpencerWillson prides itself on fighting for justice no matter which side of a lawsuit the firm's client may be. To us, plaintiffs and defendants in insurance coverage cases need highly capable coverage counsel such as SpencerWillson.
Representative Matters
Uninsured Motorist Phantom Vehicle: Represented an insurer in a dispute over coverage for uninsured motorist claims for damages caused by an unidentified vehicle, focusing on policy interpretation of provisions related to phantom vehicles/drivers and insured's burden of proof under policy and Utah law.
Coverage for Non-Owned Automobiles: Defended insurer from claims for coverage under CGL policy covering certain motor vehicle accidents involving employees' operation of non-owned vehicles in course of performing named insured's business functions, successfully avoided major exposure to insured for injuries sustained by passenger in a vehicle driven by employee of insured offering paid hunting tours.
Primary and Secondary Coverage: Represented automobile insurers in advising on the interplay between primary and secondary coverage.
Title Insurance Exclusions: Represent insureds in cases against title insurers seeking to obtain coverage for title and authority defects, and to overcome insurer's reliance on exclusions, including exclusions on alleged defects known or caused by the insured.
Duty to Defend in Intentional Act Claims: Represented insurers in disputes surrounding duty to defend insureds, including scope of duty to defend under Utah's "four corners" rule in cases alleging negligence, gross negligence, intentional acts, including finding no coverage was owed for third-party claims alleging the insured cattle rancher unlawfully operated a stolen cattle fraud scheme, the insured bar's bouncer/security wrongfully assaulted and battered a drunk patron, and dram-shop liability.
Defining an Occurrence: Advised carriers in numerous cases interpreting the policy definition of an "occurrence" to determine coverage applicability, successfully establishing no "occurrence" in cases involving property damage to adjacent land caused by contamination of fuel leaking from insured's parked car, and local government financial losses for expenses of fire suppression in massive fire allegedly caused by insured of client insurer.
Matching Regulations in Utah Administrative Code: Advised insurers about "matching" regulations in claims for partial repairs or replacements.
Third-Party Tenders of Defense (Additional Insureds): Advised insurers regarding whether to accept or deny tenders of defense asserted by additional insureds seeking coverage for bodily injury claims, including for liabilities assumed by contract (construction contracts, land lease agreements, labor-loan agreements, and indemnification agreements).
