Insurance Coverage

Frantz Ward is regularly retained by insurance carriers, policyholders and self-insured employers to resolve complex and unique insurance coverage disputes involving property, casualty and liability insurance, and life, health and disability insurance. We also handle bad faith claims against carriers and reinsurance issues.

Our experience in litigating coverage disputes spans a broad spectrum of policy types, and requires a close knowledge of the latest developments in state law and federal ERISA-related decisions. Representative matters include:

• Representation of an excess insurer in multi-million dollar coverage litigation arising out of lead paint litigation. Issues in this case included scope of coverage for high-profile public nuisance claims advanced by government entities as well as scope of coverage for individual personal injury cases and applicable claims.

• Representation of an insurer in multi-million dollar coverage litigation arising out of asbestos litigation. This case involved the application of products liability limits to asbestos-related claims and related successor liability issues.

• Representation of several insurers in coverage class actions. One of the cases resulted in a dismissal of the class action.

• Representation of a drug manufacturer and its parent company in a multi-million dollar coverage litigation arising out of a nationwide class action. Issues in this case included proper notice, the discharge in bankruptcy defense, and the expected or intended exclusion in the policies of the excess insurers.

• Representation of a telecommunications company in its multi-million dollar claim for coverage for damage to its facilities as a result of Hurricane Katrina and other hurricanes. This case involved the interpretation of the business interruption provision of the insurance policy and a bad faith claim.

• Representation of a manufacturer in a dispute regarding the responsibility under a high deductible policy for losses that triggered coverage created, not by the policy’s terms, but by operation of law.

• Representation of a manufacturer in a lawsuit in which the manufacturer is seeking defense and indemnification under an asset purchase agreement for claims arising in several underlying class action antitrust cases.

• On-going representation of insurers in health care, disability and death benefit claims. These cases include both ERISA benefit claims and state-law based coverage and bad faith claims.

• On-going representation of insurers in litigating claims against individuals and entities suspected of engaging in fraudulent conduct.

• Representation of an excess insurer in coverage litigation arising out of silica personal injury action. This case involved issues concerning application of coverage in an international tort setting.

• Representation of German and British insurance carriers in direct and excess coverage litigation.

We are also regularly retained to defend our clients against allegations of negligence resulting in bodily injury, property damage, personal injury and advertising injury throughout Ohio.