Insurance Law

Insurance policies can be complex, and seeking to apply their terms to specific scenarios that may not have been foreseen requires careful examination of the facts, relevant policy terms and the law. The Roth Law Firm, APLC, is frequently called upon to determine the nature and extent of insurance coverage available in a variety of interesting fact patterns. We provide coverage advice regarding automotive policies (commercial and personal), property insurance policies (flood, fire, commercial, residential, REO, and force-placed), professional liability policies, and both primary and excess workers’ compensation policies. We assist with drafting demand letters, coverage letters, and reservations of rights.

There are a broad variety of insurance-related agreements that require careful drafting by knowledgeable counsel. Our firm has negotiated and drafted a number of policy commutation agreements – pursuant to which the insurer pays out a lump sum in exchange for a release as to future liability. We have also negotiated cost-sharing arrangements among multiple insurers on the risk, in order to clarify the nature and extent of each insurer’s participation. In the litigation context, we frequently prepare non-waiver agreements, laying the groundwork for open and confidential settlement negotiations between insurers and their insureds, as well as settlement agreements.

We handle insurance coverage litigation, including extra-contractual and bad faith claims, pertaining to a wide range of policies, including primary and excess workers’ compensation, general liability, professional liability, directors and officers, homeowners, automobile and trucking, employer indemnity, reinsurance, and excess and umbrella coverage. The firm routinely mediates and arbitrates insurance coverage disputes.

Whether pursuing the reversal of an adverse ruling or protecting a favorable one, our attorneys have the necessary skill and experience to effectively handle insurance litigation appeals. Our firm has helped develop new law in the field of excess workers’ compensation; much of the Court of Appeal’s opinion in the landmark case of Supervalu, Inc. v. Wexford Underwriting Managers, Inc. (2009) 175 Cal.App.4^th 64 was taken from our appellate brief filed on behalf of appellee TIG Insurance Company.

We represent the interests of policyholders in a wide range of insurance defense matters, including disputes arising from bodily injury, property damage, personal injury and advertising injury.

Our services include assisting and counseling the Special Investigations Units of insurers including fraud investigations, examinations under oath, and defending claims that may arise out of such activities.