Proven Skill in the Defense of Insurance Companies and Self-Insured Entities
As one of the primary practice areas upon which Shorall McGoldrick Brinkmann was founded, insurance defense is among the law firm's core strengths.
Insurance companies and self-insured entities throughout
the United States count on our extensive trial experience, our commitment to
defending their interests, and our understanding of the issues and exposure
specific to insurers and high-risk industries.
Our firm advises and represents both national and regional insurance
companies relating to complex issues of insurance coverage, policy
interpretation in today’s legal environment, and the appropriate application of
policy exclusions. Our first party and third party experience encompasses all
types of insurance lines, including property, casualty, commercial general
liability, professional liability, auto liability, umbrella and reinsurance.
Bad Faith Defense
Bad faith claims are a major source of exposure and expense
for many insurance companies. In court and in administrative proceedings before
the Arizona Department of Insurance, Shorall McGoldrick Brinkmann has defended
against first-party allegations of insurer violation relating to unfair trade
practices and improper claims.
Our insurance defense attorneys also defend against
third-party extra-contractual liability (ECL) claims. ECL cases, often relating
to the insurer’s alleged failure to defend, require a proactive, comprehensive
assessment to determine how to manage the carrier’s potential exposure.
As an example of Shorall McGoldrick Brinkmann's skill in
insurance defense, Paul McGoldrick
led our legal team that
successfully argued for the affirmance of a judgment, worth over $2.8 million,
in favor of a Washington-based insurer against its former insured. The judgment
unpaid insurance premium. In the underlying trial, Paul McGoldrick and
Tom Shorall had successfully defended the insurer against bad faith allegations and
obtained a jury verdict awarding the insurer all of its unpaid premium. In addition:
Achieved a defense verdict for a major national apartment
owner in one of Arizona's largest personal injury mold claims
Won a defense verdict on behalf of the State of Arizona in
a civil rights and excessive force claim arising from an arrest
Obtained a defense verdict on behalf of a residential
landlord in a wrongful death case that alleged the landlord’s pool was
defectively designed and maintained.
Obtained numerous defense verdicts on behalf of retail
stores on premises liability, false arrest and assault theories.