Lugenbuhl not only provides effective dispute-resolution strategies to professional liability insurers, but Lugenbuhl also litigates liability coverage claims on behalf of professional liability insurers.
Whether our clients are facing coverage disputes with their policyholders or third-party claimants under directors-and-officers (D&O) liability policies or errors-and-omissions (E&O) policies, Lugenbuhl’s vast coverage experience in these arenas enables us to achieve early and effective dispute-resolution strategies.
Additionally, where litigation cannot be avoided, Lugenbuhl is able to draw upon its extensive litigation experience to achieve early exit strategies. Moreover, because Louisiana permits third-party claims to be asserted directly against insurers under its Direct Action Statute, professional liability insurers may find themselves involved in litigation under D&O or E&O policies directly with third-party claimants. Direct-action claims under D&O and E&O policies add a layer of complexity to an already complex area of law that Lugenbuhl is prepared to handle.
Specifically, Lugenbuhl’s combined experience in litigating direct-action coverage claims and coverage disputes under professional liability policies gives our clients a winning advantage.
As it relates to D&O insurance, Lugenbuhl’s coverage team provides opinions and advice concerning the following:
- What constitutes a loss
- Who qualifies as an insured
- The complexities and limitations among side A, side B, and side C coverages
- Scope of reimbursement disputes, including advancement and allocation issues
- Notice and reporting requirements
- D&O policy exclusions, including environmental-event exclusions, bodily injury/property-damage exclusions, professional-services exclusions, and breach-of-contract exclusions
- Rights and duties of primary and excess carriers
- Bad faith
In addition, our team represents insurers who have issued E&O policies in coverage disputes arising out of professional services provided to third parties. In particular, our coverage team is equipped to provide opinions and advice concerning the following:
- Whether a claim was made during the policy period and extended claim-reporting provisions
- E&O policy exclusions, including dishonest or fraudulent-acts exclusions, and bodily injury and property-damage exclusions
- Whether various conditions and terms are satisfied, including notice-of-claims provisions, consent to settle provisions, and duty-to-cooperate provisions
- Whether third-party claimants are precluded from bringing direct-action claims under the “No Action Against the Company” provision
Finally, Lugenbuhl also has widespread experience in litigating professional-services exclusions, which appear not only in D&O policies, but also in commercial general liability policies.