Insurance issues and disputes are a common occurrence in litigation cases and the existence of insurance proceeds can often be leveraged to benefit potential insureds, even where coverage issues exist and the insurer has reserved rights against the insured.  The Firm's attorneys are experienced in handling insurance issues and disputes and in securing coverage for our clients when available.  The following are examples of litigation handled by the Firm that involve insurance issues:

  • Michael L. Kirby and Jason M. Kirby were successful in convincing a D&O carrier to cover all damages to resolve litigation, despite the allegedly applicable insured vs. insured exclusion, to fully and forever litigation against a former CEO for indemnity where multi-million dollar damages claims were being asserted by the CEO's former employer against him.  The end result was a settlement whereby their client was able to fully and forever resolve the dispute for no out-of-pocket amount and the insurance carrier covering all damages to settle the case. 
  • Michael L. Kirby and Jason M. Kirby represented the former manager of a singer of a world-famous rock and roll band in litigation filed by him after he was served with a cross-complaint that dwarfed the damages he originally sought by suing the singer and all his band mates.  We were able to convince the insurance company involved to pay amounts within the potentially applicable insurance limits to resolve all claims in the case and provide an end to potentially disastrous litigation for the insurance carrier and our client.
  • Michael L. Kirby and Jason M. Kirby represented a widow following her husband's death where the life insurance carrier initially refused to pay the death benefits to the widow because of alleged misrepresentations by the husband when securing life insurance.  Our client received the full death benefits as part of a settlement.
  • Michael L. Kirby and Jason M. Kirby represented a life insurance purchaser against the insurance company and bank that sold him the policy.  Our client alleged that the insurance company and bank provided inaccurate and misleading information regarding the long-term payments required to keep the policy in place.  The case settled after the insurance company and bank agreed to return substantial premium payments to the insured that have been made over numerous years.
  • Michael L. Kirby and Jason M. Kirby were successful in defending a former director of a federally insured banking institution by convincing the FDIC-R to accept the remaining amount on a burning limits policy despite its substantial reduction due to the pursuit of claims against numerous officers and directors through both the OTC an FDIC.
  • Michael L. Kirby represented a local law firm in an action involving charges by a former associate that he had been terminated in retaliation for “whistle-blowing” about improper billing practices and had been defamed in the process. The matter was resolved on a confidential basis just before trial by the insurance carrier, without any expense to the client.