Insurance Coverage Counseling

Coverage Matters We Handle

Recurring issues include policy exclusions, the definition of an occurrence, trigger and allocation across policy periods, additional insured endorsements, and primary and excess priority. The firm represents carriers in these disputes in Arizona state and federal courts.

First-party disputes under homeowners and automobile policies, including UM and UIM claims, are also part of the practice, and the firm works with defense counsel when a coverage question arises in a case the carrier is defending under a reservation of rights.

From Policy Review to Declaratory Judgment

Our attorneys read the complete policy, including all endorsements, against the allegations and known facts, and provide the carrier with a written analysis and a clear recommendation. When the answer depends on facts that have not yet been developed, the analysis says so and identifies the information the carrier needs.

A coverage position must be supported by the record. Thomas Rubin & Kelley PC identifies the information needed to resolve each question, assists with examinations and document requests when the policy conditions allow them, and documents the carrier's position as the claim develops.

Coverage reports are written so that claims professionals and supervisors can act on them directly, and they include recommended language for reservation of rights and denial letters.

When a coverage dispute proceeds to court, we bring or defend the declaratory judgment action with the same trial readiness the firm brings to its liability cases.

Issues That Shape Insurance Coverage Cases

Coverage disputes turn on policy language, the facts alleged, and the facts the carrier can develop. Our attorneys bring and defend declaratory judgment actions under Arizona's Uniform Declaratory Judgments Act, A.R.S. §12-1831 and following sections, and we address ambiguity and reasonable expectations arguments with a full record of the policy's terms and the insured's purchase.

The timing and content of a reservation of rights carry consequences beyond the coverage question itself, because coverage positions are frequently tested later through stipulated judgments and assignments of the insured's claims. We draft reservation of rights letters with that possibility in mind and coordinate with the firm's bad faith litigation practice when an assignment follows.

UM/UIM claims raise their own coverage questions, including stacking and exclusions for off-road accidents, and our attorneys handle these claims under A.R.S. §20-259.01 for automobile carriers. For further reading, see Franklin v. CSAA General Insurance Company: A Monumental Decision from Arizona Supreme Court on UIM Stacking and Arizona Supreme Court Holds Automobile Insurers Are Not Required to Provide UIM Coverage for ATV Accidents Which Do Not Occur on Public Roads.

Separating Coverage From Defense

Carriers frequently ask the firm to handle coverage on one matter and defense on another, and we keep those roles separate. When Thomas Rubin & Kelley PC defends an insured, it represents the insured's interests, and coverage questions on that matter are handled by separate counsel.

Our attorneys also assist carriers when an insured's personal counsel becomes involved, when the insured requests independent counsel, or when a settlement demand arrives while coverage is still under evaluation. Each of these situations calls for a prompt, documented response, and the firm's recommendations are written with the possibility of later bad faith scrutiny in mind.

Requesting a Coverage Opinion

Have a coverage question or active matter? Call (602) 274-8289 or request a coverage opinion through the contact page.