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Home  /  The Courtroom  /  Insurance: Coverage, Liability & Bad Faith
IN THE COURTROOM

Insurance: Coverage, Liability & Bad Faith

We spent years defending carriers. Now we use what we learned for the policyholder.

Coverage, Liability, and Bad Faith Are Three Different Fights

Insurance disputes fall into three categories that get confused constantly, and the distinction determines what you can actually recover.

A coverage dispute is an argument about whether the policy applies at all, whether the loss falls inside the grant of coverage, whether an exclusion removes it, and whether conditions were met. A liability dispute is about the underlying claim itself: who caused the loss and what it is worth. A bad-faith claim is about the insurer's conduct, whether it handled the claim reasonably, and it exists because a policy is a promise and the law treats breaking that promise as more than an ordinary breach of contract.

Most disputes start as the first, become the second, and only some of them become the third. Knowing which one you are in matters, because the evidence, the deadlines, and the potential recovery are different in each.

Coverage, Liability, and Bad Faith Are Three Different Fights

What We Handle

Denied and underpaid claims

Commercial property, business interruption, liability, and specialty coverage, including coastal storm claims.

Coverage disputes

Policy interpretation, exclusions, conditions, and whether the loss you had is the loss the policy covers.

Reservation of rights

What a reservation-of-rights letter actually means, what it lets the carrier do later, and what you should do about it now.

Bad-faith actions

Claims arising from unreasonable claim handling. We have both prosecuted and defended these, which informs how we value them.

Duty to defend disputes

Where a carrier refuses to defend, or defends under conditions you did not agree to.

Monitoring insurer-appointed counsel

Where the carrier is defending you, we represent only you, and watch whether the defense being provided is actually in your interest.

Policy and renewal review

Reading what your coverage actually does before a claim, which is the only time it is cheap to find out.

When to Call Us

  • When a claim is denied, or paid at a number that does not resemble the loss
  • When a reservation-of-rights letter arrives, before you respond to it
  • When your carrier appointed a defense lawyer and you are not sure whose interests are being served
  • When a storm claim is being characterized as a defect claim
  • Before renewal, when changing the coverage is still possible
Why the Defense Background Matters

Why the Defense Background Matters

Jordan Gerheim spent years as an insurance-defense litigator, retained by carriers to resolve claims. That work is where the firm came from, and it is where its founding frustration came from too. Carriers were focused on closing the claim for the least money. He kept wanting to ask how the business got there and what would have protected it.

What that background buys a policyholder now is a fairly specific kind of knowledge: how a claim is evaluated internally, which arguments a carrier takes seriously and which are posturing, what a reservation of rights is really setting up, and at what point a file stops being a negotiation and becomes a bad-faith exposure.

We still defend as well as pursue. Being credible on both sides is not a contradiction. It is why the assessment we give you at the start is worth something.

Who Does This Work

Jordan W Gerheim

Jordan W Gerheim

Best Lawyers in America for Litigation (Insurance), 2023–present. Years of insurance-defense practice covering coverage, liability, and bad faith.

Benjamin N. Kearns

Benjamin N. Kearns

Insurance defense and bad faith, D&O liability, and business litigation, with experience representing both plaintiffs and defendants.

Duty to Defend vs Duty to Indemnify

Your insurer can owe you one of these and not the other. It is the source of more confusion than any other issue in coverage.

The obligation to provide and pay for your legal defense

The obligation to pay a covered judgment or settlement

Triggered by the allegations in the complaint

Triggered by what is actually established or agreed

Broader. It can apply even to claims that turn out not to be covered

Narrower. It applies only to what the policy genuinely covers

Decided early, often before the facts are known

Decided late, once the facts are

A carrier may defend while reserving rights on coverage

Which is the reservation-of-rights letter you received

How These Matters Are Billed

Hourly, with Partner discounts
Coverage litigation is billed separately from Partner Plans, at discounted rates for active Partner clients.
Selected contingency and hybrid arrangements
On some claims a reduced hourly rate with a contingent component is available, where the client can carry costs and expenses. We are not structured as a contingency firm, so this is case by case.
Policy review under a plan
Reviewing renewal quotes and telling you what the policy actually covers is advisory work and can sit inside a Partner Plan.
FAQ

Frequently Asked Questions

My claim was denied. Is that final?

No. A denial is the carrier's position, not an adjudication. Denials get reversed regularly once someone reads the policy carefully against the actual facts, and the reasons given in a denial letter are frequently narrower or weaker than they first appear. Send us the policy and the denial. That is a short review with a clear answer.

What is a reservation of rights letter?

It is the carrier saying: we will defend you for now, but we are reserving the right to argue later that this loss was never covered. It is not a denial and it is not an acceptance. It matters because it sets up a coverage dispute that will surface at the worst possible moment, usually when there is a settlement on the table. Worth understanding when it arrives rather than when it bites.

My insurer appointed a lawyer to defend me. Do I need my own?

Sometimes, and reservation-of-rights situations are the clearest case. Appointed defense counsel owes duties to you, but they are selected and paid by the carrier, and where the carrier's interests and yours diverge that creates a real tension. We represent only the insured and monitor whether the defense being provided is genuinely serving you.

What counts as bad faith in Alabama?

Broadly, it concerns whether the insurer had a legitimate or arguable reason for how it handled the claim (bad faith is not simply being wrong about coverage). The standard is demanding and the facts matter enormously, which is why the claim file, the timeline, and the internal handling are usually where these cases are decided. We have argued both sides of this and will tell you honestly where yours sits.

Is my storm damage a covered loss or an excluded defect?

That question decides who pays and it is contested in most coastal claims. Carriers have a structural incentive to characterize damage as defective construction, since defects are typically excluded. Establishing causation early (before repairs destroy the evidence) is frequently the entire case.

Send Us the Policy and the Letter

Book a Risk-Free Strategy Session. Send the policy, the denial, or the reservation-of-rights letter ahead, and we will have read it before we speak.

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