Insurance Matters

Tamborelli Law Group works closely with its clients on an ongoing basis concerning policy interpretation, existing and needed policy coverage and demands for coverage and indemnification.  We work with our clients’ insurance brokers to obtain specific coverage consistent with their specific course of business.

Tamborelli Law Group has wide-ranging knowledge and experience in insurance litigation and related coverage matters on behalf of the insured as well as the insurer.  We have provided both coverage advice and legal representation to clients at the trial and appellate level.

We will work closely with you to search for all policies in effect during the time of loss or injury and, if necessary, review policies in the pre-loss years to understand the extent of the available coverage. We will then analyze the policies for the scope and amount of the applicable coverage and any potential exclusions. Then we will provide the client with a coverage opinion that also outlines options for the resolution of the dispute.

We assist our clients in these areas:

• Insurance coverage for additional insureds who are sued by third parties.
• Insurance coverage for first party property loss.
• Insurance coverage for intellectual property claims, such as patent and copyright infringement.
• Insurance coverage for construction defect actions.
• Insurance coverage for claims arising from earthquakes and other natural disasters.
• Recovery from insurance carriers for attorneys’ fees paid in the pursuit of policy benefits in a bad faith action. (Brandt fees.)

Representative Matters

Ongoing representation of clients concerning policy interpretation and demands for coverage and indemnification.  Interact with clients’ insurance brokers to obtain specific coverages consistent with course of business.

Represented Homeowners who were forced to evacuate their home when City water main burst causing evacuation of surrounding area and partial destruction of their home. After government claim rejected, promptly filed suit.  Prior to any oral depositions and the exchange of damage information, City agreed to pay nearly every cost, including attorneys fees, totaling over $700,000, for the damages incurred.

Represented a large governmental entity during an extended period of time who sought recovery for damages to over 300 buildings insured under two separate manuscript policies.  Recovered prior to trial in excess of 80 million dollars from various carriers under both policies. Tried to jury verdict claims against the remaining carriers under one policy with a resulting 14 million dollar verdict and defeated the insurance counter claim for fraud that would have required the return of all policy benefits paid to date.

Represented a public entity employer who was required to defend and indemnify an employee in an action involving a claimed assault and battery on a fellow employee.  Through targeted discovery and appropriate motions to sever and dismiss, was able to effectuate a quick settlement with the plaintiff in a fair and substantially reduced sum from the original six-figure demand.  While the parties were never able to fully determine the truth and/or veracity of the claims of the altercation, the minimal settlement figure avoided a lengthy trial, as well as exposure to punitive damages.

Represented local governmental entity in a declaratory relief and bad faith denial of insurance benefits action against primary and excess carrier of a retained engineering company that refused to defend and indemnify the client for an action brought by the estate of a deceased motorist due to a train collision.  Through the appropriate discovery obtained admissions concerning the differing limiting policy exclusions in the policy and the endorsements.  Filed a rule 56 motion for summary judgment on the duty to defend which was granted.  Parties then entered into a settlement which made the client whole for all underlying costs and fees and those incurred in the prosecution of the action against the insurance carriers.