Insurance companies' justifications for denying coverage may vary wildly depending on the circumstances, but for policyholders taking on insurers at trial, the basic story largely remains the same: There was a promise made, and it was broken. Here, policyholder attorneys share tips for navigating the complexities of policies and coming out on top in the courtroom.
According to Robert M. Horkovich, managing shareholder of Anderson Kill PC, the insurance industry has many trial lawyers "who are experts at making the trial about the faults of the policyholder."
"They will say, for example, that the policyholder was a polluter, used asbestos or was somehow negligent," Horkovich said. "They try to put the policyholder on trial about the policyholder's actions or inactions. The policyholder's lawyer has to make sure the judge and the jury are looking at the insurance company and its failure to provide coverage."