Insurance Litigation
Policyholders have rights under Kansas insurance law when an insurer refuses to quickly and properly investigate your claim or refuses to pay a claim that is covered under your policy. When an insurance company fails to follow the law or the terms of a policy, policyholders have rights to hold them accountable and, in appropriate cases, to recover their attorneys’ fees in addition to the amount owed under the policy. Coy Martin Law, LC works hard to make sure that you get the coverage for which you paid premiums.
Our insurance practice includes the following areas:
- Insurance coverage litigation and appeals
- First-party claims
- Third-party claims
- Liability defense and claim management consulting
- Motor vehicle claims
- Construction defect insurance claims
- Analysis and interpretation of insurance policies
- Commercial general liability claims
- Storm losses
- Fire losses
- Director and officer claims
- Professional liability claims
- Extracontractual claims
NOTABLE CASES/EXPERIENCE
ADESSO Homeowners’ Association v. Holder Properties, Inc., et al., United States District Court for the District of South Carolina Federal Case No. 3:16-CV-710-JFA: Successfully secured liability insurance coverage for general contractor from multiple commercial insurers that had denied coverage in a complex, multi-party case brought by condominium owners against the developers, architects, engineers, general contractors, and sub-contractors involved in a residential condominium project in Columbia, South Carolina.
Lamb v. Southwest Commodities, LLC, et al., 2017 WL 383408 (D. Kan. 2017), Division of Workers Compensation for the District of Kansas Docket No. 1,068,551 & Kansas Workers Compensation Appeals Board Appeal No. 16766: Represented employer in worker’s compensation insurance coverage dispute in which the Kansas Workers Compensation Appeals Board found that the employer’s insurer had wrongfully denied coverage resulting in indemnity and attorneys’ fees for the employer.
James L. Gardner, et al. v. Travelers Indemnity Co., Sedgwick County District Court Case No. 98-C-1554 (confidential settlement after prevailing on summary judgment in a case of first impression in this jurisdiction relating to insurer’s alleged tortious interference with an attorney-client relationship; fraud; breach of fiduciary duty; and, invasion of privacy).
Hong Nguyen v. Farmers Insurance Co., United States District Court for the District of Kansas Case No. 96-1099-KMH and parallel proceeding in Sedgwick County District Court Case No. 3652 (resulting in $3 million settlement involving claims of insurance bad faith and negligence).
Parker v. Wesley Medical Center, L.L.C., Sedgwick County District Court Case No. 01-C-1010 (ruling after jury verdict that hospital’s billing and business practices and handling of patient health insurance processing constituted deceptive and unconscionable acts in violation of Kansas Consumer Protection Act; awarding civil penalties and attorneys’ fees in an aggregate amount over $270,000).
Galichia v. Continental Casualty Company, United States District Court for District of Kansas Case No. 6:10-cv-1319 (represented doctor-insured in claims against directors and officers liability insurer for breach of duty to defend and indemnify).
Kansas Heart Hospital v. Executive Indemnity, Inc., 2007 WL 1125772 (D. Kan. 2007) (represented doctor group against insurance company for violating directors and officers liability policy).