Many insurance claims require a prompt and objective review of coverage issues. Our lawyers have acted as coverage counsel for over twenty years. In that capacity, we routinely:
- Assist clients in making coverage determinations
- Prepare coverage opinions
- Prepare reservation of rights letters
- File and/or defend declaratory judgment actions
- Monitor underlying litigation and interface with defense counsel
- Participate in mediations and facilitate settlements
- Defend and prosecute bad faith actions
We are familiar with a broad range of policies and coverage, including among others: comprehensive general liability, commercial lines, property insurance, all risk, umbrella, excess coverage, employer practices liability , commercial and personal auto, directors and officers coverage, inland marine, and EIL. New Mexico is unique in many ways and our experience in this area allows us to assist insurers with their duty to investigate and help them determine if a duty to defend has been triggered. We have researched and analyzed numerous issues affecting insurance coverage, including: what is an “occurrence,” when “property damage” occurs, how New Mexico’s anti-indemnity statutes effect underlying contracts and whether same can qualify as “insured contracts” after application and trigger additional insured coverage, the economic loss doctrine, permissive users under commercial auto policies, and environmental pollution claims. We have handled, and are very familiar with, coverage issues arising out of construction defect claims which have become a substantial source of litigation in New Mexico.
We have the resources, knowledge and past experience to analyze coverage issues, provide coverage opinions, and litigate coverage issues on behalf of either the insurer or the insured.