Insurance Coverage

REPRESENTATIVE CASES

Gary Selvin has counseled insurance companies and businesses on their rights under insurance policies and represented them in coverage and bad faith litigation pending before state and federal courts throughout California and the United States under general liability policies on a broad variety of issues, including cutting edge personal and advertising injury issues, additional insured/contractual indemnity risk transfer disputes, large construction defect litigation, and habitability claims; employment insurance coverage under domestic and London market employment practices liability insurance policies; errors and omissions policies insuring lawyers, accountants, real estate agents and brokers, architects and engineers; directors and officers coverage, and complex diverse first party property claims. His broad expertise in coverage and trial practice is the foundation; he uses his coverage expertise as a tool for the resolution of complex lawsuits and pre-litigation claims.

Corporation faced multiple sexual harassment claims against a single individual spanning many years. The claims presented coverage issues concerning which policies were triggered and covered and uncovered claims. Negotiated a global settlement using these coverage issues to resolve all underlying claims and the coverage issues with the policyholder.

$50 million construction defect lawsuit involving substantive coverage issues related to the completed operations coverage and covered and uncovered damages. Used the coverage issues as a tool for global settlement.

Catastrophic construction site bodily injury claim involving contractual indemnity and insurance coverage disputes between the general contractor, subcontractor, and their insurers. Negotiated a settlement of the injury claim and contractual claims on an interim funding agreement between insurers.

Represented Policyholder seeking coverage from a professional liability insurer in an underlying lawsuit where the claimant alleged insured’s design and supervision caused substantial welding failures in a large commercial project. Two professional liability insurers disputed the date the claim was made. Negotiated a settlement in which the two insurers funded the entire settlement.

Wrongful death suit involving a seven-year-old severely disabled child. Rejected policy limits demand to insured therapist who allegedly negligently caused the death. Asserted MICRA damage and professional services exclusion as two new issues which had not been asserted. Partnered with professional liability insurer to negotiate a settlement.

Represented insurer and secured summary judgment holding there was no coverage for an underlying construction defect case alleging $6 million in damages and loss of use. The court concluded the allegations were excluded by the policy exclusions and/or did not constitute “property damage” as defined in the policy.

Represented insurer where underlying Plaintiffs claimed approximately $50 million in damages resulting from having leaks in large Southern California hotel. Pursued a judicial determination that the prophylactic measures to prevent future high failures and leaks were not covered under the insurance policy, and that only the limited identifiable property damage from past leaks fell within the scope of the primary insurance policy.

Plaintiff in the underlying lawsuit secured $40 million judgment from injuries sustained in an electric panel arcing. Represented Insurer who successfully pursued a judicial determination that the lessee did not qualify as an additional insured.

Bad faith jury trial arising out of insurer’s failure to settle a professional liability claim within policy limits after it had multiple policy limits demands. Jury found the insurer reasonably denied the demand based on the facts known at the time of its decision.

Jury trial arising out of a large agricultural loss, including lost products, business income and extra expense claims, and disputes regarding the valuation of the loss. Jury concluded the insured had paid its contractual benefits and found the insurance company had not acted in bad faith.

Represented insurer in coverage litigation asserting other insurers also owed a duty to defend and indemnify the policyholder in underlying habitability claims. This litigation served as a catalyst for negotiating a global settlement of the underlying case.

Represented policyholder in dispute over coverage for habitability claims. Filed suit against insurer, which subsequently reversed its coverage denial and funded a large settlement of the habitability lawsuit.

Represented Policyholder in a large commercial property claim and filed suit against its insurer which had denied policy benefits after a fire damaged calfskin used in the creation of high-end purses and other accessories. Negotiated a seven-figure settlement.

Represented general contractor and owner in bad faith suit against insurer which had denied the duty to defend a construction defect lawsuit, claiming the damages occurred after the policy expired. Negotiated a seven-figure settlement.