Insurance Coverage, First Party and Bad Faith Defense

It is our belief that the most favorable results can only be obtained when negotiating from a position of confidence and strength, which is obtained by demonstrating that when forced to try cases because of unreasonable demands, such cases can, in fact, be successfully defended.

Insurance Coverage

McCumber Daniels advises and represents both national and regional insurance companies relating to complex issues of insurance coverage, policy interpretation in today’s legal environment, and the appropriate application of policy exclusions. Our first party and third party experience encompasses all types of insurance lines, including property, casualty, commercial general liability, professional liability, auto liability, umbrella and reinsurance. Our skilled attorneys combine our practical experience in the courtroom with novel legal challenges to efficiently find sound business solutions for our clients in the insurance industry.

First Party Defense

McCumber Daniels attorneys represent insurance companies in legal disputes with their insureds. These matters are resolved through vigorous investigation, arbitration, contractual appraisal, mediation, trial and appeal. Our dedicated insurance attorneys handle many property insurance claims relating to:

  • Sinkhole & Subsidence
  • Windstorm & Hurricane
  • Fire & Arson
  • Water & Flood
  • Mold & Environmental losses

When any of these various types of first party claims implicate suspicious or fraudulent activities, McCumber Daniels attorneys routinely conduct comprehensive Examinations Under Oath (EUO) and request document production from the claimants, which often leads us to working closely with SIU departments. Many times, these investigations lead to the claimants completely abandoning their claim during the pre-suit period. McCumber Daniels also represents auto insurers in defense of uninsured motorist claims (UM) in addition to our third party auto liability defense.

Bad Faith Defense

In the current insurance litigation environment, bad faith claims drive much of the insurer’s exposure and expense. McCumber Daniels’ relationship with the insurance industry includes the prevention of, and defense of, bad faith claims. The attorneys at McCumber Daniels frequently defend against first party Notices of Insurer Violation relating to various theories of unfair trade practices and improper claims handling through the Department of Financial Services and in the courtroom. Our attorneys are also called upon to defend against third party extra-contractual liability (ECL) claims. These ECL cases, often relating to excess judgments and the insurer’s alleged failure to defend, require a proactive early comprehensive assessment to determine how to manage the carrier’s potential exposure. McCumber Daniels’ understands these needs and partners with its clients to manage these risks.