For over 65 years, GableGotwals has regularly provided a broad range of services to insurance companies, businesses, and individuals in matters relating to insurance policies, coverage, regulation, and litigation.
The attorneys in our Insurance Group have significant experience in defending thousands of claims by policyholders and insureds alleging a variety of theories under state law, such as claims for bad faith, fraud, breach of contract, and for unfair sales practices. Our attorneys also represent insurers, benefit plans, administrators, employers, and other fiduciaries in many types of ERISA disputes. We also regularly represent clients in many disputes otherwise relating to insurance policies, laws, and coverage.
Attorneys in our Insurance Group routinely provide the following types of services:
- Defending claims for breach of contract, fraud, and bad faith arising from the handling of claims and other conduct occurring with respect to life, accident, disability, health, medical, cancer care, long term care, and other types of insurance policies.
- Defending carriers in class action litigation involving claim settlement activities and policy marketing issues.
- Defending claims arising from the alleged improper solicitation, marketing, sales practices, or other inducements to enter into insurance contracts, including purported class actions.
- Defending claims arising from life, accident, disability, health, and other types of plans and policies governed by ERISA, and claims relating to ERISA-regulated plans, such as claims for breach of fiduciary duty, COBRA coverage, rescission or declaratory judgment, retaliation, or discrimination for exercising ERISA rights, and for civil penalties for alleged violations of ERISA regulations. We regularly represent insurers, administrators, employers, and other fiduciaries under insurance policies and fully-insured or self-insured plans. Our attorneys have prevailed in numerous ERISA cases at the federal district and appellate court level on a variety of issues and have argued a number of ERISA appeals, establishing appellate precedent on important ERISA-related issues.
- Defending litigation alleging breach of contract, fraud, and bad faith where ERISA’s application is in dispute or ERISA is not applicable because of an applicable exemption.
- Litigating claims involving the alleged liability of officers, directors, fiduciaries, and agents under all types of policies.
- Litigating claims involving mass torts, environmental disasters, natural disasters, explosions, or other accidents in which complex issues concerning the nature and extent of insurance coverage may exist. We have represented many clients in complex disputes with large potential claims involving insurance coverage issues.
- Evaluating insurance coverage and providing coverage opinions.
- Representing insurers in investigations and examinations before State Departments of Insurance.
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