Frederick C. Berry, Jr. is dedicated to the needs of insurance consumers and insurance claimants. He has thirty three years experience as an insurance lawyer.

Published in The Advocate, The Arizona Trial Lawyers Association, June 2006

All too often insurance companies justify a claim denial based on an allegation that there is no coverage. Lawyers for insurance consumers are forced to search the policy for conflicting language and ambiguities in an effort to find coverage. Remember, insurance companies write insurance policies so that (1) the sales people can sell policies and (2) the claim people can deny claims. Coverage litigation is frequently lost on summary judgment because the insurers’ attorneys are successful in persuading the judge to focus on conditions, limitations and exclusions that favor the insurance company. To counter this, lawyers attempt to plead and prove a case for “reasonable expectations” to get around difficult contract language. Such a case is sometimes difficult to prove and vulnerable to summary disposition.

If there is a claim denial based on a lack of coverage, attorneys for insureds must examine the role of the insurance producer. What did the insurance consumer request? What did the producer say to the consumer? Did the consumer request full coverage? Did the consumer ask that he or she be covered for “everything”? What did the sales literature imply? Did the insurance producer boast of good service or peace of mind? What does the producer’s Web page say? Is UM/UIM coverage less than the liability coverage in your client’s policy? Read the rest of this entry »