Common Issues In Insurance Defense Cases


The insurance industry is an international, multi-billion dollar business vertical affecting a very significant percentage of Americans. Insurance defense cases usually arise out of a policy interpretation dispute, where a policyholder will interpret the policy one way and an insurance company will interpret it another way. At MehaffyWeber, our experienced insurance defense lawyers have successfully handled large, complex insurance coverage claims on behalf of a variety of insurance companies. During our time representing insurance companies, we have successfully handled high-stakes coverage litigation in state and federal courts throughout the United States.

We understand and have experience litigating the unique coverage issues that can arise under insurance policies, including those relating to the scope of insuring provisions, notice provisions, exhaustion provisions, and defense and settlement provisions. Our attorneys also have litigated the applicability of a range of exclusions under these policies, including fraud, personal profit, money laundering, insured versus insured, prior knowledge, and prior notice, among others.

Some of the most common issues in our insurance defense cases include:

  • False Claims – Occasionally, a policyholder might falsify certain aspects of a claim, such as the extent of damages. While this is illegal, some policyholders will attempt to commit insurance fraud, and this is why insurance companies need to thoroughly investigate all claims.
  • Discovery – Discovery is the first major step in insurance defense cases. During the discovery phase, mistakes can be made when parties don’t understand what exactly is and is not discoverable.
  • Unnecessary Discovery Requests – Just because something is discoverable, doesn’t mean it should be requested. Oftentimes, policyholders make unnecessary discovery requests to intimidate insurance companies, but this just slows down the claims process and increases legal expenses.
  • Cooperation – All parties involved in an insurance defense case have a duty to cooperate, but that doesn’t always mean they do. Policyholders can be uncooperative with insurance companies, so experienced representation is necessary to ensure all parties involved are upholding their duty to cooperate.
  • Expert Witnesses – Not all insurance cases require an expert witness, and it’s important to know when to use one. Expert witnesses cannot only be an unnecessary expense, but they can also be a liability on the witness stand.
  • Media Coverage – While most cases won’t make significant headlines, there are some high-stakes cases that could cause quite a stir. When this happens, insurance companies need insurance defense lawyers who know how to handle the media in order to preserve the company’s reputation.

Experienced Insurance Defense Lawyers

From the inception of the firm, insurance companies have retained MehaffyWeber’s experienced insurance defense lawyers to defend them in a wide variety of litigation matters. We are committed to vigorously representing the interests of insurers, both foreign and domestic, in insurance coverage disputes. We have represented insurers in coverage disputes where the amount at issue ranged from several million dollars to several billion dollars. Contact us today to schedule an appointment with one of our insurance defense attorneys.