Insurance Litigation

Insurance Litigation

Overview

Cox, Castle & Nicholson's experienced insurance coverage litigators have extensive experience mediating, arbitrating, and litigating complex coverage issues for our policyholder clients. Our expertise extends to claims under commercial general liability, umbrella and excess liability, professional liability, builder's risk, pollution liability and property insurance policies, including enforcement of our clients' rights as additional insureds on other parties' policies. We counsel and represent clients nationally on a wide range of residential and commercial project types in all facets of the real estate and construction industries, including owners, homebuilders, developers, investors, contractors, and lenders.

We have served as litigation counsel in hundreds of insurance claims and litigation matters. We draw on our deep knowledge and experience in contractual risk transfer techniques, including indemnity provisions and contract insurance requirements, our expertise in policy analysis, and our relationships in the insurance brokerage community to enhance our clients' opportunities to maximize insurance recoveries.

Issues we have handled include:

  • Choice of law and forum disputes
  • The duty to defend under various types of liability policies
  • Settlement and coverage obligations of liability insurers in a wide range of claims involving property damage, catastrophic bodily injuries, fatalities, and personal and advertising injury
  • Settlement and coverage obligations of professional liability, builder's risk, pollution liability and property insurers
  • Priority of coverages, including disputes arising out of the policies' "other insurance" provisions
  • The interface of general liability, professional liability, and property coverages in complex loss scenarios
  • Claims involving wrap-up (OCIP and CCIP) insurance programs
  • The nature, scope, and timing of property damage, including loss of use of tangible property
  • Our clients' rights to defense and indemnity as additional insureds on other parties' liability policies
  • The application and satisfaction of deductibles and self-insured retentions (SIRs)
  • The scope and coverage of indemnity agreements as "insured contracts" under liability policies
  • Bad faith claims against insurers

Representative
Matters

Prevailed on a motion for partial summary judgment for a national public homebuilder. The court ruled that Chinese drywall losses in over 200 homes constituted a single occurrence under a contractors pollution liability policy, which required the client to pay only one self-insured retention.

Prevailed on a motion for summary adjudication on behalf of an outdoor advertising business and obtained order that an insurance carrier was obligated to defend an action by the City of Los Angeles seeking the removal of "supergraphic" billboard signs.

Recovered 100% of defense costs and indemnity payments for a regional private homebuilder as an additional insured in a construction defect bad faith action against a subcontractor's CGL insurer.

Obtained a favorable settlement for a national REIT under its permanent property insurance policy for a substantial water intrusion loss involving multiple dwelling units and common area in a major mixed-use development.

Successfully negotiated a settlement for a national homebuilder of complex insurance coverage litigation in U.S. District Court concerning underlying construction defect class action involving over 400 homes, with parallel actions in out-of-state court.

Obtained a mediated settlement for a bank and its homebuilding subsidiary under multiple CGL and umbrella liability policies in a $350 million reformation and bad faith action arising out of soils and concrete conditions in several hundred homes.

Prevailed on a motion for summary judgment by our client, a general contractor, against a subcontractor's CGL insurer in a complex fatality action and shifted liability for a $6 million underlying judgment to the subcontractor's insurer under an additional insured endorsement, recovered the client's defense costs, and obtained substantial Brandt fees for the insurer's bad faith.

Attorneys &
Paralegals

Name Title City Phone  
Galuppo, Lynn T. Senior Counsel Orange County 949.260.4641
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Kranz, Frederick H. Partner Orange County 949.260.4626
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Masters, Jeffrey D. Partner Los Angeles 310.284.2239
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McGovern, Patrick Senior Counsel Los Angeles 310.284.2298
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Mocciaro, Perry D. Partner Los Angeles 310.284.2234
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Musitano, John R. Partner Los Angeles 310.284.2212
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Potter, Trevor B. Associate Orange County 949.260.4624
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Quigley, Edward F. Partner Los Angeles 310.284.2271
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Sullivan, Mark B. Senior Paralegal Los Angeles 310.284.2296
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Vaz, Alicia N. Partner Los Angeles 310.284.2273
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