Insurance Coverage and Defense

Our insurance coverage attorneys prepare detailed coverage opinions and litigate declaratory judgment actions, breach of contract claims, and bad faith allegations across numerous lines, including:

• Commercial General Liability (CGL)
• Directors & Officers (D&O) Liability
• Errors & Omissions (E&O) and Professional Liability
• Employment Practices Liability (EPL)
• Environmental/Pollution Legal Liability 
• ERISA and Fiduciary Liability
• Homeowners and Auto Liability
• Product Liability
• Property Insurance
• Cyber Liability and Tech E&O

We provide guidance to insurers on their rights and obligations under primary, excess and umbrella policies. Our team is skilled at analyzing complex policy language and exclusions and has prevailed in securing favorable judicial interpretations of policy terms. 

We have particular expertise in high-exposure litigation and multi-party insurance coverage disputes. When novel coverage issues arise, clients look to us to assess their potential liability, develop a strategy, and pursue or defend coverage litigation. Our trial lawyers have an impressive track record of success in state and federal courts as well as appellate matters.

In the area of bad faith, we defend insurers against claims alleging unreasonable claim handling, failure to settle, improper claim denial and other extra-contractual liability. We have an excellent record of obtaining dismissals and summary judgment rulings in bad faith cases.

Beyond litigation, our coverage attorneys provide advice on underwriting, policy drafting, product development, regulatory compliance and claims handling procedures. We help clients proactively manage risk and avoid legal disputes.

Lucosky Brookman’s Insurance Defense attorneys have decades of experience in the federal and state courts throughout the country providing comprehensive representation to insureds facing claims related to:

• Professional malpractice (insurance agents/brokers, accountants, architects, engineers, attorneys, healthcare providers)
• Director and officer liability
• Construction defects
• Environmental/toxic torts
• Products liability
• Premises liability
• High exposure automobile accidents
• Employment discrimination and wrongful termination
• ERISA and employee benefits disputes
• Public entity and civil rights litigation
• Intellectual property and trademark infringement  

We defend professionals, businesses and other insureds against negligence and liability claims. Our team has vast experience managing all phases of litigation from pre-suit investigations and initial responsive pleadings through discovery, motion practice, mediation, trial and appeal. We have obtained numerous defense verdicts and dismissals for insurance clients in high-stakes cases.

A key strength of our practice is our substantial experience defending asbestos exposure claims. For decades, we have successfully represented product manufacturers, premises owners, and employers in complex, multi-defendant asbestos litigation across the country. Our team has a deep understanding of the unique challenges and strategies involved in this specialized area.

Our attorneys have extensive knowledge of the medical, scientific, and legal issues in asbestos cases. We thoroughly investigate each plaintiff's alleged exposure history and medical conditions, skillfully deposing plaintiffs, fact witnesses, and expert witnesses. We identify potential exposure sources, assert cross-claims against other responsible parties, and pursue all available defenses, including lack of product identification, statutes of limitations, and worker's compensation exclusivity.

We have a strong track record of achieving favorable settlements while minimizing litigation costs. When necessary, we aggressively defend cases through trial, presenting persuasive defenses on product identification, alternate causation, and damages mitigation. Our team has secured landmark legal rulings benefiting the broader insurance industry, such as the application of coverage triggers, allocation methods, and exclusions for asbestos claims. 

In addition to our litigation prowess, we provide counseling to insurers on asbestos claims handling, reserving, and resolution strategies. We help clients develop best practices for investigating and evaluating asbestos claims to ensure consistency and minimize exposure.

Lucosky Brookman has the knowledge, experience, and staffing to serve as national or regional asbestos counsel for insurers. We efficiently manage high-volume asbestos dockets while providing top-quality representation. Our deep subject matter expertise, creative problem-solving skills, and tenacious advocacy enable us to deliver results in this high-stakes area of insurance defense.

In addition to our strong litigation capabilities, we provide proactive risk management advice to insurance clients. This includes assisting with policy drafting and interpretation, claims handling procedures, and regulatory compliance. We help clients develop best practices to reduce claims and liability exposure. 

Lucosky Brookman has earned a reputation among insurers for our responsive service, strategic counsel and ability to efficiently manage litigation. We staff matters leanly with experienced insurance attorneys who take a hands-on approach. Clients benefit from our deep knowledge of insurance law and the jurisdictions in which we practice.

At Lucosky Brookman, we pride ourselves on building long-term relationships with insurance clients who trust our judgment and ability to protect their interests in their most challenging legal matters. Our insurance coverage and defense team has the experience and skill to handle your most complex and high-stakes issues. We are committed to providing the highest caliber of representation while containing costs and delivering results.