Extra-Contractual / Bad Faith and Coverage Litigation

The Insurance Defense Group at Bowles Rice is committed to preserving a healthy and competitive insurance climate in our region. Our skillful and experienced team of attorneys knows the industry extremely well, having represented insureds and insurers in hundreds of cases covering every imaginable aspect of insurance defense.

In an environment that is increasingly litigious, where damages specific to an insurance contract can quickly escalate to include the pursuit of punitive damages exceeding policy limits, Bowles Rice provides focused and aggressive defense of insurance clients against extra-contractual and coverage claims.

What are Extra-Contractual and Coverage Claims?

"Extra-contractual claims" seek damages in addition to—or well beyond—a contract of insurance and typically include a claim for “bad faith,” which is often associated with alleged unfair claims handling practices by the insurer. Alternatively, coverage issues often arise in extra-contractual claims and involve arguments that the insurer either misinterpreted or misapplied the insurance contract.

Bowles Rice has extensive experience handling insurance litigation across a wide range of claims and coverage matters. Our attorneys represent clients in extra-contractual claims involving issues such as spoliation, failure to proceed, and negligent entrustment, as well as coverage disputes arising from related litigation or as stand-alone claims. Whatever the circumstances, our team is equipped to navigate complex issues and work toward an efficient resolution.

A Strong, Regional Resource

For decades now, members of our insurance defense team have provided litigation and alternative dispute resolution services to insurance companies across West Virginia, Pennsylvania, Ohio, Kentucky and the surrounding region. We proudly represent nationally recognized Fortune 500 companies as well as smaller, community-based carriers in the defense of extra-contractual / bad faith and coverage claims. And with six offices located in West Virginia, Pennsylvania, and Virginia, we are geographically well-positioned to assist clients throughout the Mid-Atlantic, Midwest, and Southeast regions of the country.

Preventative Measures

Understanding that extra-contractual damage awards most often arise from certain claims handling practices, Bowles Rice offers a range of legal services to assist insurance professionals and help identify any potential for impending litigation. These services include claims adjuster training, insurance coverage evaluations, and pre-suit investigations.

Additionally, Bowles Rice litigators stay abreast of current trends, topics, and federal/state legislation that affect our insurance clients through memberships and active participation in industry organizations such as the Defense Research Institute (DRI) and the Defense Trial Counsel of West Virginia (DTCWV). We also regularly attend industry conferences, meetings, and webinars, including the bi-annual DRI Insurance Bad Faith and Extra-Contractual Liability Seminar and meetings of the DTCWV Insurance Law Committee.

Our Work

Just as there are seemingly endless lines and providers of insurance, there are unique and specific methods to employ in defense of insurers. To that point, our insurance defense work includes:

• Bad Faith and Coverage Litigation
• West Virginia Insurance Commissioner Hearings
• Excess Coverage Disputes
• Property Damage Claim Disputes
• Automobile Claims
• Marine Watercraft Claims
• Fire Loss Claims
• Underinsurance / Uninsured Motorist Coverage (UIM/UM)
• Completed Operation Hazard Coverage Claims
• Insurance Agent Liability Claims
• Failure to Procure Insurance Claims
• Disputes focusing on the Insurance Carrier's Underwriting Practices
• Training for Insurance Adjusters, Claim Handlers, Litigation Managers
• Assistance with Developing and/or Refining Claim Handling "Best Practices"