Control of the Defense When Insurer Has Issued an ROR: Insurer vs. Policyholder Rights

Mr. Bertschi focuses his practice on advising insurance companies as to coverage and litigating insurance coverage disputes. Specifically, he represents insurance companies in the institution of declaratory judgment actions and actions to rescind insurance policies, the defense of breach of contract actions and actions in which the insured alleges bad faith or extra-contractual damages, and actions between insurance companies to resolve allocation and relative priority issues. Mr. Bertschi also regularly advises insurance companies on all aspects of the claims-resolution process, including the provision of coverage opinions, advice on the allocation of indemnity payments, strategies to minimize the risk of bad faith suits and suits to collect consent judgments, and advice as monitoring counsel. His extensive experience with insurance claims has led him to provide advice to insurance companies regarding product development, including assisting his clients in drafting policy forms and endorsements. Mr. Bertschi's insurance practice covers a wide range of insurance products. He has extensive experience with professional liability policies, including policies issued to attorneys, doctors, hospitals, technology companies, architects, engineers, accountants, insurance agents, title agents, broker-dealers, and staffing agencies. Mr. Bertschi also regularly handles matters involving director and officer liability policies and cyber policies, including third-party claims based on alleged privacy violations, service interruption, and media-based injuries, as well as first-party matters such as business interruption loss, ransomware costs, and breach notification costs. Additionally, he has significant experience with commercial general liability and commercial auto policies appurtenant to professional liability policies, such as package policies issued to staffing companies, mortgage field service companies, and hospitals.

Mr. Law represents corporations, non-profits, and universities in disputes with their insurance companies, focusing on liability insurance coverage litigation, arbitration, and mediation. In 2015, Mr. Law was named by Chambers & Partners to its inaugural listing of the best Pennsylvania insurance lawyers, a distinction he has held each year since. He has broad experience in various areas of insurance law. Mr. Law has obtained insurance recovery for TCPA, FCRA, and other statutory liabilities under both general liability and professional liability insurance policies. Representing one of the largest homebuilders in the United States, Mr. Law has handled international arbitrations in London and Bermuda on construction insurance matters. In addition, he has represented corporations in insurance company insolvency proceedings, helping his clients to enforce their rights against both the insolvent insurance company and insurance guaranty associations. Mr. Law regularly represents clients in workers’ compensation insurance coverage and premium disputes. He also has extensive experience with professional liability and directors and officers insurance litigation.