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 develop and achieve early and effective dispute-resolution strategies. Our combined experience in litigating disputes under professional liability policies and direct-action coverage claims gives our clients a winning advantage.
Successfully Litigating Direct Action and Other Claims
When litigation cannot be avoided, Lugenbuhl attorneys draw upon their 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.
Defending Insurers Against a Wide Array of D&O Claims
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
- The 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
- The rights and duties of primary and excess carriers
- Bad faith claims
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.
Providing Experienced Guidance in Defending E&O Claims
In addition to our D&O defense experience, our team also 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 terms and conditions 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
- Defending insurers against D&O claims, E&O claims, and general liability claims
- Developing early dispute resolution strategies
- Defending direct action claims
- Determining what qualifies as a loss and who qualifies as an insured
- Determining policy exclusions
- Determining whether policy terms and conditions are satisfied