Insurance Coverage
Kraemer Burns' attorneys have extensive experience representing large and small companies as well as individuals in insurance coverage litigation involving liability coverages, first party claims, professional malpractice, and errors and omissions claims. Additionally, the firm's attorneys have been regularly retained to review indemnification and insurance claims of contracts/agreements as well as consult with clients' brokers or insurance producers regarding the adequacy of clients' insurance coverages. The firm has also handled both the prosecution and defense of claims against insurance brokers and producers. One of the firm's attorneys is presently the Secretary of the Insurance Law Section of the New Jersey State Bar Association.
Among the firm's more interesting cases:
- Represented children of a parent with $3 million of life insurance coverage whose life insurance carriers initially disclaimed coverage under the suicide exclusion provisions of those policies. We were successful in having two of the three insurance companies reverse their disclaimer determination on their policies and obtained a substantial settlement from the third.
- Successfully represented a manufacturer of a flavors and fragrances company whose insurance company providing product liability coverage disclaimed coverage on the basis that the aerosol spray of a household cleaner that contained the client's fragrance was an environmental pollutant.
- Successfully represented several national and regional companies in environmental pollution cases which also involved insurance coverage claims against those clients' liability insurance companies both for denial of coverage under the pollution exclusion provisions of those policies as well as allocation of coverage issues for the years of coverage and levels of coverage.
- Successfully represented a seriously injured minor in claims against a surplus lines insurance carrier and brokers regarding failure to properly obtain coverage for dog bite injuries.
- Represented a well know chemical manufacturer whose employee at one of its terminals opened a valve from an acid tank while a trucker was holding the hose above himself while standing on top of his tank truck. The trucker was doused with acid and severely burned. Our self-insured client assumed that liability was clear and that damages would be substantial. Given the firms knowledge of insurance policy language we correctly assumed that the trucker's liability insurance policy would provide coverage to our client under the "loading and unloading" clause. We were able to persuade the trucker's insurance carrier to undertake the defense and pay the claim.
