Insurance Coverage and Bad Faith
There may be no area of practice as diverse, and no field as demanding of a wider range of experience and knowledge. Rumberger, Kirk & Caldwell has extensive experience in insurance litigation as well as counseling in the areas of personal lines, commercial lines and life, health and disability. We have a team of attorneys to address the myriad of issues that clients, including many of the nation’s largest insurance carriers, face in the realm of insurance litigation, coverage and bad faith.
Our attorneys have experience representing insurance companies in coverage matters involving homeowners, automobile and life, health and disability policies, as well as those involved in professional liability and commercial general liability policies. Matters handled include significant policy issues, statutory compliance issues, class actions, SIU issues and challenges to company processes and initiatives. Our team consists of seasoned trial lawyers who understand not only the complexities of insurance litigation, but also the detrimental effect bad faith claims can have on a client’s business and the potential exposure for damages. In addition, we have successfully handled appeals in both state and federal courts, as well as before the Supreme Court of Florida and the United States Court of Appeals for the Eleventh Circuit.
Insurance Related Appellate Practice
We also assist our insurance clients in appellate matters ranging from consultation at the trial level, appeals of insurance coverage and bad faith suits, to amicus curiae briefing on those issues that affect the industry as a whole.
During trial, we assist trial lawyers, including staff counsel, during all phases of litigation including strategy, briefing, motion practice, and ensuring that errors are preserved for appeal. In representing our insurance clients in appeals, our broad-based experience in handling insurance and bad faith issues allows our team to persuasively and successfully advocate for our client in a cost-effective manner.
Our understanding of and ability to handle the complexities of insurance and bad faith litigation allow us to team with our client to make positive industry changes. In addition to filing amicus curia briefs on behalf of our clients and industry groups, we have also teamed with our clients to select “test cases” on important issues. We have taken these “test cases” from the trial level to the Florida Supreme Court, obtaining favorable rulings that not only benefit our client but the industry as a whole.
Our attorneys also assist trial lawyers throughout all phases of litigation, including drafting motions and responses, preserving error for appeal, and with formulating trial strategy with the potential for a future appeal in mind. Our appellate practitioners are also available to represent our clients’ interests as amicus curiae when they are not parties to a potentially precedent setting appellate case.
Our representation of our insurance clients includes successful appeals in both state and federal courts, as well as before the Supreme Court of Florida and the United States Court of Appeals for the Eleventh Circuit.
- Affirmed summary judgment as to coverage issue addressing permissive use of auto.
- Affirmed summary judgment as to validity of UM rejection.
- Affirmed summary judgment as to coverage issue relating to residency and insured person status.
- Affirmed summary judgment in design defect case involving complex choice of law issues
- Affirmed Final Judgment of Foreclosure for major lending institution where the court rejected numerous procedural and substantive issues raised by the appellant
- Affirmed judgment enforcing mediated settlement agreement in favor of resort
Life, Disability and ERISA Practice
The firm has an active practice in Florida and Alabama as counsel to life and disability insurers. Serving as panel counsel for major life and disability carrier the firm handles litigation arising from claims under these policies, in both ERISA and non-ERISA contexts. In the disability arena, our work involves defending company or administrator decisions to deny or terminate disability benefits. Similarly, for the life insurance industry we handle litigation arising from denials of benefits, competing claims for benefits, rescission, defense of consumer claims, and special project litigation such as recovery type actions against rogue agents for such things as unlawful rebating of commissions.
Commercial General Liability Practice
The firm regularly represents commercial general liability insurers in connection with advice regarding coverage obligations and defending and prosecuting declaratory judgment, breach of contract, rescission and other insurance related actions.