Shea Stokes' Insurance Litigation and Coverage group is one of the largest and most expert within the firm. We represent prominent insurance companies throughout the U.S. relating to insurance issues and serve as coordinating counsel for major insurance clients on complex litigation in multiple jurisdictions. Our sophisticated application of the law involving insurance matters has provided clients with many successful results. These results extend beyond the courtroom - in which our trial attorneys excel - and include many published opinions and favorable settlements. Because of our command of insurance issues, we frequently attain some of our best outcomes early in a case and before trial. Our insurance litigation group frequently calls upon our insurance regulatory group to advise them on insurance issues that arise during litigation. Working together, our regulatory group and our litigation group are often able to successfully prevent legal disputes through proactive planning and other defensive means.
Insurance Bad Faith Litigation
Shea Stokes specializes in defending national insurance companies and related entities against bad faith claims stemming from first-party and third-party property/casualty matters. Representative matters include insurer failure to settle third-party liability claims, unfair competition allegations, first-party property loss, and a myriad of policy coverage issues.
Our bad faith attorneys have handled hundreds of bad faith cases and prevailed in numerous jury trials. Members of our bad faith group are recognized leaders in insurance litigation by major insurance carriers and frequently speak on insurance issues.
Insurance Litigation and Coverage Issues
Our attorneys specialize in a multitude of issues relating to insurance coverage and litigation including first- and third-party property and casualty matters, life, health, professional liability, directors and officers, business interruption, employment practices liability, intellectual property, environmental, and advertising injury issues. We are also experienced in the areas of business interruption losses, policy interpretation, underwriting and risk management, insurance agency and brokerage, third party administrators, indemnity and subrogation, life, health, ERISA and HMOs and unfair competition and trade regulation. We understand the many diverse issues impacting the insurance industry, from policy drafting and interpretation to risk management and specialty claims.
We provide comprehensive coverage work for our clients, ranging from environmental insurance coverage and the representation of potentially responsible parties (PRPs) to coverage litigation.
Reinsurance
Shea Stokes represents insurers and reinsurers in development and drafting reinsurance, assumption and pooling arrangements; obtaining regulatory approvals for such transaction when required, and developing appropriate mechanisms to assure regulatory reserve credit for reinsured risks. In addition, we represent insurers and reinsurers in allocation apportionment disputes and in arbitration.
REPRESENTATIVE CASES
PUBLISHED OPINIONS
- Erlich v. Menezes, 21 Cal.4th 543 (1999)
- Mercy Hospital and Medical Center v. Farmers Insurance Group of Companies, 15 Cal.4th 213 (1997)
- California State Automobile Association Inter-Insurance Bureau v. Superior Court, 50 Cal.3d 658 (1990)
- CalFarm Insurance Company, et al. v. Deukmejian, et al., 48 Cal.3d (1989)
- Aetna Casualty & Surety Company v. Merritt, 974 F2d. 1196 (9th Cir. 1992)
- County of San Diego v. Ace Property & Casualty Insurance Company, et al., 103 Cal.App.4th 1335 (2002)
- State Farm Fire & Casualty Company v. Majorino, 99 Cal.App.4th 974 (2002)
- Hellinger v. Farmers Group, Inc., et al., 91 Cal.App.4th 1049 (2001)
- Home Savings of America v. Continental Insurance Company, 87 Cal.App.4th 835 (2001)
- Farmers Insurance Exchange v. Superior Court of San Bernardino County (Respondent); Dul Han (Real Party), 79 Cal.App.4th 1400 (2000) Barnes v. Black, 71 Cal.App.4th 1473 (1999)
- Campbell v. Superior Court, 44 Cal.App.4th 1308 (1996)
- Farmers Insurance Exchange v. Knopp, 50 Cal.App.4th (1415) (1996)
- Lee v. Crusader Insurance Company, 49 Cal.App.4th 1750 (1996)
- Fire Insurance Exchange v. American States Insurance Company, 39 Cal.App.4th 653 (1995)
- Hughes v. Mid-Century Insurance Company, 38 Cal.App.4th 1176 (1995)
- Holland v. Sterlling Casualty Insurance Company, 25 Cal.App.4th 1059 (1994)
- Triplett v. Farmers Insurance Exchange, 24 Cal.App.4th 1415 (1994)
- Handy v. First Interstate Bank of California, 13 Cal.App.4th 917 (1993)
- Truck v. Pozzuoli, et al., 17 Cal.App.4th 856 (1993)
- Beaty v. Truck Insurance Exchange, 6 Cal.App.4th 1455 (1992)
- Fagundes v. American International Adjustment Company, 2 Cal.App.4th 1310 (1992)
- Wilks v. Hom, 2 Cal.App.4th 1264 (1992)
- Winet v. Price, 4 Cal.App.4th 1159 (1992)
- Warner v. Fire Insurance Exchange, 230 Cal.App.3d 1029 (1991)
- Republic Indemnity v. Superior Court, 224 Cal.App.3d 492 (1990)
- Ceresino v. Fire Insurance Exchange, 215 Cal.App.3d 814 (1989)
- Salas v. Nationwide Mutual Insurance Company, 254 Cal.Rptr 900 (1989)
TEAM MEMBERS
Shirley A. Gauvin
Patrick M. Howe
Maria C. Roberts
Lawrence W. Shea II
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