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Insurance Litigation

Representing policyholders with questions has long been a focus of our litigation and an area in which they have considerable expertise. Many of our numerous precedent-setting cases have established the rights of individuals, local governments, and businesses (ranging from multi-national conglomerates to small “mom” and “pop” gasoline-dispensing convenience stores) to recover from their companies. Our attorneys have experience in a broad range of coverage issues, from clients facing damages from a single occurrence, like the collapse of a wastewater treatment plant’s 80 foot high filtering tower or a spontaneous bodily injury, to claims spanning multiple coverage periods, such as progressive construction defects and deterioration, extensive groundwater contamination or asbestos exposure, and earth movement or structural failure. Equally critical is the law of “ bad faith,” and the representation of those policyholders whose carriers have failed to abide by the coverage terms of their policies.Three of Colorado’s key appellate decisions acknowledged the duty of companies to defend policyholders for environmental damage claims under policies and declared their rights of recovery. These precedent-setting decisions have had a major impact on the availability of coverage for all policyholders, not only in Colorado, but around the country.

Our insurance coverage attorneys are regularly called upon to advise other counsel seeking the firm’s particular insurance coverage expertise, including in-house corporate attorneys and general counsel, insurance defense , legislators considering new laws, city and county attorneys, environmental attorneys, and general practitioners representing businesses and individuals. We are regularly called upon to represent out-of-state clients because of our unique experience, and we serve as counsel for a wide variety of public entities and private companies, including agricultural products companies, aircraft manufacturers, cities and counties, commercial landlords, construction companies, dry cleaners, environmental consulting firms, lenders, mining companies, developers, ski area owners, wastewater treatment plants, and water and sanitation districts.

For more information about our insurance coverage practice, please contact William J. Brady.

William J. Brady has authored the Superfund and Toxic Torts Sections of The Regulation of Hazardous Substances and Toxic Wastes, Professor’s Manual, University Casebook Series, published by Foundation Press, as well as the chapter on Environmental Insurance for the treatise, “Environmental Regulation of Colorado Real Property,” Stephen A. Bain, Editor, published by Bradford Publishing Company, June 2007.

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