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Insurance law includes litigation and disputes surrounding three distinct aspects: coverage, underlying litigation, and subrogation.

The coverage aspect involves assisting insurers, self-insurers, or insureds regarding whether a certain series of events falls within the terms of coverage. Mellon Pries Kowalski, P.C., has experience both litigating on behalf of insurers and coverage providers in defending coverage decisions, as well as litigating on behalf of insureds seeking to challenge those coverage decisions. This experience gives us a well-rounded view of any coverage dispute, enabling us to advise clients regarding both their best legal positions, as well as the counters likely to be raised. Because insurance includes aspects of both defense and indemnity, the question of whether coverage is owed is often a crucial one not only to underlying cases, but to ensuring that those underlying cases are properly defended. Whether the client is an insurance company looking to defend a denial, or an insured challenging a coverage position, the decision often turns on contractual language, which can be complex to interpret. With years of experience reviewing insurance agreements, and the case law interpreting those agreements, we endeavor to simplify this contractual language and place the issues before the client in plain English. Mellon Pries Kowalski, P.C., can assist with general questions, pre-suit negotiations, or litigation surrounding insurance coverage questions or disputes.

The underlying litigation aspect involves acting as counsel assigned by an insurance company to represent its insured against the claims from a third party. This litigation role dovetails with our experience in personal injury litigation. We strive to strike the appropriate balance in offering the best representation available to the insured, while also providing accurate and reliable information to the insurer so that it can properly evaluate continued coverage, and the prospects of settlement. When acting in defense of clients, our goal is always to provide a vigorous defense in the same manner in which we would want to be defended.

The subrogation aspect involves disputes where an insurer, or coverage provider, has paid its insured on a claim and steps into the shoes of its insured to recoup those funds from the responsible party. We have had great success recovering subrogation amounts, which place responsibility for the damages on the party who caused them, and help to keep rates low for insurance customers.