Practice Areas
DEFENSE AND INSURANCE COVERAGE

The Defense and Insurance Coverage Practice Group is focused upon the unique needs of the insurance industry and its insureds. The members of the group are skilled at providing early assessment, establishing realistic goals, and submitting timely evaluations, in order to ensure that clients and claims professionals are able to monitor litigation activity and be actively involved in every important decision. To that end, members of the group are accessible and responsive. Maddin Hauser takes great pride in its Result Focused Case Management System®. This System is designed to deliver cost-efficient, result-oriented legal services seamlessly.

PROFESSIONAL LIABILITY

Over the past 35 years, Maddin Hauser's Defense and Insurance Coverage Practice Group has handled nearly 2,000 cases involving the unique needs of the insurance industry and its insureds, representing clients interests in all state and federal trial and appellate courts, FINRA arbitrations, administrative tribunals, as well as ADR proceedings. We have defended a wide variety of professional liability, financial institutions and error & omission matters including:  
  • Attorneys
  • Architects & Engineers
  • Accountants
  • Consumer Law Defense
  • Directors & Officers
  • Employment Practices (including discrimination)
  • Broker/Dealers
  • Registered Representatives
  • Governmental Liability
  • Insurance Agents
  • Real Estate Agents and Brokers
  • Appraisers
  • Adjusters and Surveyors
  • Financial Advisors
  • Investment Counselors
  • Psychiatrists
  • Psychologists
  • Ambulatory Care Clinics
  • Security Guards


COVERAGE

Maddin Hauser also enjoys an imposing reputation for analyzing and resolving complex insurance coverage disputes. It has handled coverage issues under both claims made and occurrence policies, including lawyers professional liability policies, accountants' professional liability policies, employment practices policies, directors and officers policies, agents and brokers' policies, title insurance policies, and ambulatory care policies. Cases the firm has handled have involved a wide variety of substantive issues, including:  
  • Application Fraud
  • Imputing prior acts knowledge of one firm member to the firm
  • Imputing prior acts knowledge of a predecessor entity to the successor entity
  • Business Enterprise Exclusions
  • Intentional Acts Exclusions
  • Per Claim Limits vs. Aggregate Limits
  • Insured vs. Insured Exclusions
  • Gaining a Profit/Advantage Exclusions
  • Retroactive Date
  • Late Notice
  • Additional Insured Status/Insured Contracts
  • Related Wrongful Acts
  • Interpretation of Critical Phrases (e.g., "arising out of"and "in fact") in Context of Various Exclusions
  • Allocation and priority among multiple insurers
  • "Of Counsel"coverage
  • Coverage for "Innocent Insureds"

GENERAL LIABILITY

  • Commercial Disputes
  • Construction Law
  • Dram shop
  • Environmental Law
  • Highway design and maintenance
  • Pest control
  • Premises (public and private)
  • Products liability
  • Property law