Errors and Omissions Claims and Litigation
Errors and Omissions (E & O) insurance is intended to cover professionals. All businesses and business owners who are involved in the production or delivery of goods, products, and services are advised to consider the protections available through the various types of E & O coverages provided by the insurance industry. Insurance agents provide essential service to individuals, families, and businesses by helping them find and obtain proper insurance protection. Recommendations that agents make for policies can come back as a liability in the event a client feels that an agent was mistaken in their judgment. Clients facing a major problem with an insurance policy, or lack thereof, can file a lawsuit against an insurance agent, endangering their career, income, and possessions.
The amount of exposure an insurance company and the insured face are dependent upon the type of business and the nature of the underlying claim. With so many variables, it is important to have a lawyer with a thorough understanding of insurance law and the business world. At Cummings, McClorey, Davis & Acho, P.L.C. (CMDA), our lawyers handle countless disputes involving professional liability and the insurance industry. We serve as both legal counselors and litigators in order to provide the maximum protection for our clients.
Given the complexity and pace of today’s business climate, any professional can commit an oversight or technical error- and many are wrongfully accused of negligence. Whether a claim has merit or can be proven invalid, it is essential to work with experienced lawyers focused on protecting each client’s integrity and reputation as well as the bottom line.
General Liability Defense and Risk Prevention
Cummings, McClorey, Davis & Acho, P.L.C. is uniquely qualified in the area of general liability defense. Our Firm was a pioneer in establishing much of today’s case law that shields businesses from frivolous personal injury and property damage suits. We played a key role in establishing state legislation that allowed for the formation of risk insurance pools to assist its clients in obtaining cost-effective insurance against general liability claims.
Our attorneys make it a point to understand the business of each individual client and aggressively defend each case. CMDA has an outstanding record for obtaining case dismissals. We work pro-actively with our clients to identify risks and reduce the development of risk exposures and claims though cost-effective preventative measures.
Our Firm is frequently consulted, and we provide legal opinions, regarding contractual matters, insurance coverage, excess insurance and reinsurance. We provide general liability defense representation to several major Detroit entertainment venues, sports stadiums and arenas throughout Michigan.
Insurance and Reinsurance Coverage
Insurance carriers, self-insured and pool groups benefit from the advice and trial skills of our highly-skilled attorneys in insurance coverage and liability defense matters. Cummings, McClorey, Davis & Acho, P.L.C. (CMDA) is frequently consulted for legal opinions regarding insurance coverage, excess insurance, reinsurance, and other contractual issues. Through vigorous litigation work or claims resolution, our lawyers provide experienced defense representation in the following areas:
- Coverage disputes
- Priority disputes
- Reimbursement claims
- Accident investigations/accident reconstruction
- Evaluation of economic and non-economic damages/liabilities
- Evaluation of other potential liability factors (e.g. driver intoxication)
- Witness evaluations
- Statements under oath
CMDA attorneys regularly provide legal opinions regarding contractual matters, insurance coverage, excess insurance and reinsurance. Our experience in representing insurers also includes advanced counseling that avoids liability and assists in claims handling. This often results in long-time client relationships through which proactive steps can be taken to avoid protracted litigation.
Bad Faith Insurance Defense
Attorneys at Cummings, McClorey, Davis & Acho, P.L.C. (CMDA) have achieved considerable success defending insurance companies, businesses and individuals in bad faith cases in trial courts, appellate courts, and alternative dispute resolution forums.
Our lawyers have defended a wide variety of cases, including:
- Bad faith
- Unfair claims settlement practices
- Failure to settle
- Duty to defend
- Late notice
- Reservation of rights
CMDA attorneys have a thorough understanding of the insurance industry and advise our clients on how to avoid litigation and minimize bad faith exposure while also running an efficient and fair claim-handling operation.
Only a small percentage of accidental fires are undetermined in cause. This affords an excellent opportunity for an insurance company to obtain full or partial reimbursement of insurance proceeds paid through aggressive subrogation actions. Although all courts recognize the company’s legitimate equitable and contractual rights to seek subrogation, more and more, courts are attempting to frustrate our access to juries through procedural and legal barriers. Spoilation of evidence, the economic loss doctrine and restrictions on product liability prosecutions all serve to create frustrations for the subrogating insurer.
The experienced subrogation litigators at Cummings, McClorey, Davis & Acho, P.L.C. (CMDA) have developed and prosecuted successful subrogation actions. Whether the cause is electrical, mechanical, explosion, collapse, or fire spread issues, our attorneys have the background and resources to challenge responsible manufacturers on their own ground.
The risk of dangerously defective products causing loss to the insurance industry should not be borne by the insurance company. The only way to effectively prevent this unintended assumption of risk is to aggressively pursue subrogation recoveries whenever possible. CMDA has a bank of qualified, certified, and nationally recognized experts who assists in pursing the most sophisticated manufacturing or design defect to a successful conclusion.
Class Action Defense
Attorneys at Cummings, McClorey, Davis & Acho, P.L.C. (CMDA) have experience defending class actions against a wide range of claims. Class actions claims can raise some unique insurance coverage challenges, but generally, issues of whether an insurer has a duty to defend a class action claim are analyzed similarly to any other claim.
Our clients depend on us to develop imaginative, effective strategies to defeat class certification and plaintiff’s claims at an early stage and protect their long-term interests. CMDA lawyers have effectively defended alleged class claims prior to discovery or have substantially limited discovery prior to dispositive motions.
Additionally, our attorneys have succeeded in having the class allegations stricken from the case at the outset through aggressive negotiation and innovative legal arguments. CMDA has experience addressing the procedural issues that often arise through complex litigation and in managing the electronic discovery issues companies often face in defending class-wide allegations.