Every day businesses and individuals submit insurance claims, seeking coverage for losses and claims.

Every day insurance companies deny coverage for billions of dollars relating to these claims. What would you or your business do if it had a claim denied? A substantial claim could jeopardize your business and your livelihood. Our Insurance Coverage and Risk Management Group is highly experienced in providing advice and objective guidance on how to optimize the place where managing risk meets managing costs.

Members of the group are skilled insurance coverage litigators who also provide legal and practical advice before claims or litigation arise. Our attorneys have extensive knowledge in reviewing and analyzing risk. We help determine the best method for managing that risk, including identifying appropriate insurance coverage where necessary.

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Insurance Coverage and Risk Management Client Results

  • Negotiated Coverage for Cyber related Defense Costs A retail grocer defended, and succeeded in dismissing, a class action lawsuit claiming significant damages arising from an alleged data breach. Our client sought coverage for the litigation defense costs under the general liability policy. After the insurance company refused coverage, our client brought suit in Colorado District Court claiming the policy covered property damage including loss of use of property that had not been physically injured. The lead plaintiff had alleged that his credit card had been cancelled. The case was settled on terms favorable to our client.

  • Coverage Action Dismissed on Summary Judgment – Succeeded in dismissing on summary judgment a $3.2M coverage action against an insurance brokerage company by a trucking company claiming the broker failed to procure $8M in excess coverage over its entire trucking fleet. In response to the brokers denial of excess insurance coverage because the truck involved in an accident was not covered under the policy, the insured brought an action claiming negligence, breach of contract, fraud, concealment, misrepresentation, and punitive damages.

  • Indemnity Coverage Validated – A flash fire at a gas well in New Mexico left several employees of a drilling subcontractor (driller) severely injured. The driller’s employees sued, the well operator (operator), and other defendants, alleging the accident was the result of negligence.

    The Master Services Contract (MSC) required that the driller name the operator as an additional insured in their contractor liability insurance policies. After being named in the employee personal injury action, the operator requested indemnity and defense pursuant to the MSC from the driller. The driller’s insurer, denied any obligation to indemnify the operator. After entering its own defense in the employee personal injury action, the operator sued the driller and their insurance company for breach of contract, breach of defense obligations, and declaratory relief.

    The insurance company brought a motion for summary judgment to dismiss the operators action contending the MSC indemnity provision was invalid, and the policy was void, because they violated New Mexico’s Oilfield Anti-Indemnity Statute (Anti-Indemnity Statute), which precludes indemnity agreements that cover one’s own negligence.

    Because the operator was seeking indemnity only for damages awarded in the employee action (and its expenses in defending the action), relating to the operators vicarious liability resulting from the drillers fault, the court found the savings clause in the MSC did not require indemnity for “one’s own negligence,” and did not violate the Anti-Indemnity Statute. The court held the policy was valid and enforceable.

    The insurance company then brought a motion for reconsideration, clarification, and interlocutory appeal or certification of a question to the Supreme Court of New Mexico. On rehearing, the court denied the insurance company’s motions for reconsideration; refused to allow an appeal or to certify any legal questions. The court clarified its original order to state that the insurance company must indemnify the operator for liability arising from the fault of the driller.

Insurance Coverage and Risk Management Publications

Insurance Coverage and Risk Management Speaking Engagements and Events

Benchmark Litigation "Firm of the Year" in WY 2018

Named 2018 “Firm of the Year” in WY by Benchmark Litigation. Firm-wide, 20 attorneys named “local litigation stars” or “future stars.” The firm was also honored for being “highly recommended” in CO, ID, NV, UT, and WY

8 Best Lawyers® Insurance Law 2022

8 attorneys recognized in Best Lawyers® in: Insurance Law; Litigation - Insurance

BTI's Law Firms with the Best Collaboration

One of nine firms nationwide named in 2017 by leading legal decision makers for “standout collaboration”

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