Chiles and Prochnow, LLP has extensive experience in insurance coverage disputes. Over the years Chiles and Prochnow lawyers have handled disputes involving coverage, business interruption, personal injury and property damage under a wide variety of coverage policies including commercial general liability policies, first party property policies and specialized policies involving coverage for maritime and aviation risks.
Chiles and Prochnow’s insurance practice includes:
• Coverage. In this area notable cases include asbestos coverage claims and environmental
coverage for the Cosco Busan oil spill in San Francisco Bay in 2007.
• Defense of Insureds involves defense of individuals or businesses that have been sued. Most of these cases involve situations where an insurer has agreed to provide a defense under the terms of its policy. In other cases we have acted as Cumis counsel, i.e., counsel for the insureds who are independent of the insurance companies who may be disputing coverage or at least reserving their rights with respect to indemnity while acknowledging their duty to provide a defense under the policy.
• Subrogation. Mr. Chiles has had extensive experience in pursuing large subrogation claims on behalf of insurers. Notable cases include an approximately $130 million loss for fire damage to a high rise tower in Los Angeles, PCB contamination to a high rise structure in San Francisco, power interruption with a consequential loss of product to an Intel fabrication plant in Livermore, California and several failures to cogeneration plants powered by General Electric turbo fan engines. Other subrogation cases include cargo loss to shipments in transit (including marine, aviation, rail/trucking losses).
• Defense and prosecution of bad faith claims often arise as a result of a coverage dispute. We have handled a number of these matters representing insureds in some cases and insurers in others.
•Contribution between primary and excess carriers arises in cases involving large losses. One notable in which Mr. Chiles represented an excess carrier who had paid more than it believed was appropriate was resolved in favor of Mr. Chiles’ client by the Ninth Circuit.”
.• Commercial and Personal Lines Coverage involves a host of matters including homeowner’s policies, tenant policies and auto coverage. Related commercial losses typically involve comprehensive general liability policies.
• Directors and Officers Coverage is special coverage purchased by corporations to protect their officers and directors from claims. These policies have specific provisions which must be carefully applied to determine whether coverage is afforded.
• Excess Liability Coverage arises in a variety of situations including cases in which the available insurance is less than adequate to cover the claim or where an insurer has decline to accept full liability for a loss.
• Environmental Coverage Claims arise in a host of situations. The aforementioned Cosco Busan oil spill is a classic case of a large environmental loss in which 50,000 gallons of bunker oil was released into the fragile environment of the San Francisco Bay resulting in substantial environmental damage.
• Construction disputes typically involve specialized construction policies which have their own special requirements and procedures.