Insurance Law

Like it or not, many cases involve insurance coverage issues. Focusing only on the substantive law of your case (whether that concerns business, real estate, employment, intellectual property, etc.), but failing to address insurance matters, could be a big mistake. See Jordache Enterprises, Inc. v Brobeck, Phleger & Harrison, 18 Cal. 4th 739 (1998) (in which a major law firm was sued by its client after failing to investigate whether there was insurance coverage in a highstakes intellectual property lawsuit).

The December 2015 issue of the Nevada Lawyer magazine, which was curated by King Durham partner Chad D. Olsen, focuses on insurance law. It includes articles on the right to independent counsel, potential life insurance traps related to estate and business planning, and changes to pre-litigation insurance disclosures. Quoting the issue-editor column: “It is always in the client’s best interest to: (1) Analyze every available insurance policy for potential coverage, (2) Take the necessary steps to trigger coverage, and (3) Gather evidence to establish coverage. It may even be prudent for your client to retain separate insurance-coverage counsel.”