Insurance policies may be one of the least understood forms of communication and one of the most arcane areas of the law. The fact is that few actually read and understand exactly what is - and is not - in insurance policies. Most policyholders think it doesn't matter because they assume they are "fully covered" or think "it won't happen to me." Yet accidents, injuries and damaging events happen every day. As often as not, they are catastrophic in nature, and many trigger one or more insurance policy claims. When disputes arise, insurance carriers, agents, and policyholders are often put on the defensive. The stakes could hardly be higher.
The Barber Law Firm Insurance Coverage Practice Group specializes in the analysis and resolution of insurance policy coverage disputes. Our experience is significant enough to have successfully overturned decades of received wisdom in arguments before the Arkansas Supreme Court. Whether resolution is reached through settlement, summary judgment or trial, the attorneys of the Barber Law Firm are the experienced and tenacious representatives you need in your corner.
Barber Law Firm's Insurance Coverage Practice Group provides analysis and evaluation of policy coverage issues for insurance carriers and issuance of coverage opinions on such issues. The firm has extensive expertise in handling both first-party and third-party insurance coverage analysis, issues and disputes. The firm's attorneys assist clients in analyzing insurance policies and contracts, investigating claims, rendering coverage opinions, and litigating coverage issues through trial and appeal, including the prosecution and defense of actions for declaratory relief.
Barber Law Firm's Insurance Coverage Practice Group is well versed in federal and state applications of the key legislation and regulations governing insurance contracts. Services provided include:
- Policy/Coverage analysis of all policy forms, including but not limited to the CGL, BOP, BAP, CAP, D&O, Life, Health, Disability, Professional E&O, Aviation, Inland Marine, Truckers and all personal lines policies.
- More than 100 years of actual policy litigation experience. We don't just offer opinions and walk away. Our extensive litigation background gives us the gravitas to see coverage matters through trial, and if necessary, appeal. This includes the representation of insurance carriers and large commercial insurance customers.
- Representation of agents and brokers in negligence, contract and regulatory actions. We are experienced in representing agents and brokers in disciplinary matters before the Department of Insurance and in litigated civil matters.
- The members of our Insurance Coverage Practice Group provide training to insurance company claims handlers, underwriters and brokers on issues including the Fair Claim Practices Act, legal duties as applied to each member of the insurance community and new or breaking issues of law pertinent to the insurance community.
- Representation of insurance companies in complex coverage disputes with insureds, claimants and regulatory agencies.
- Representation of insureds in coverage litigation or disputes with their insurance carriers.
Our insurance coverage law clients range from national carriers dealing with major and complex litigation to Arkansas agents, agencies, and businesses seeking everything from detailed coverage opinions to specialized litigation support. Individuals and businesses of virtually every description may encounter matters dealing with insurance coverage law. Clients we represent include:
- Insurance carriers writing policies in Arkansas
- Insurance agents selling policies in Arkansas
- Insurance agencies
- Associations of insurance agents and agencies
- Large policyholders such as corporations, governmental entities, associations and membership groups
- Drafting and Design Companies
Publishing and Presentations
Attorneys in the Barber Law Firm Insurance Coverage Practice Group have successfully argued cases before the Arkansas Supreme Court, as well as state and federal courts throughout the state. Our attorneys are equally active in educating the insurance and policyholder communities regarding the importance of understanding the nuances of insurance contracts. The Insurance Coverage Practice Group's attorneys regularly lead continuing legal education classes and presentations for clients, attorneys, companies and individuals in the Arkansas business community. Refer to our web site for background materials and upcoming presentations.
- An Agent's Guide: What is "Full Coverage" article by Scott M. Strauss, 2011
- CLE Presentation, Micheal L. Alexander, Do We Have Full Coverage? Will My CGL Policy Leave Me Exposed?, 2011
- Publication in June 2010, Arkansas Business, Cynthia W. Kolb, Outlining Risks in Commercial General Liability (CGL) Policies
- CLE program focused on Commercial General Liability Policy (CGL) changes and how specifically those changes impact construction companies, Micheal L. Alexander, Scott M. Strauss, Cynthia W. Kolb, Perry L. Wilson, and T. Kent Smith, 2010
- How to Read and Understand the Commercial General Liability (CGL) Policy, Scott M. Strauss, Arkansas