Davis and Ceriani’s insurance coverage practice involves both transactional and litigation counseling. We counsel commercial clients with respect to their insurance structure and benefits. We work with insureds as coverage counsel and/or personal counsel if they have been sued to make sure their insurance company is providing the defense and indemnity benefits to which they are entitled. If the insurance company refuses to honor its obligations under the insurance policy it issued and/or controlling law, we will bring suit to force the insurance company to live up to its policy and we will pursue all available statutory or common law bad faith claims to make the insured whole and discourage future wrongful conduct by the insurance company.

While we have dealt with all manner of coverage issues, we specialize in large, complex, commercial insurance claims. We have experience dealing with commercial general liability (“CGL”), directors and officers (“D&O”), errors and omissions/professional liability (“E&O” or “PL”), builder’s risk and many other types of commercial insurance policies as well as surety bonds (payment, performance and fiduciary). With their civil engineering background and construction management experience, our coverage team is uniquely qualified to handle the type of complex issues arising from construction and property damage/defect claims.

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Litigation

  • Breach of contract claims to recovery policy benefits
  • Common law bad faith claims
  • Consultant to both plaintiff and defense attorneys concerning impact of litigation strategies on coverage matters
  • Declaratory judgment claims to determine coverage
  • Pursuit of coverage claims at both trial court and appellate level
  • Pursuit of coverage claims in federal and state courts both within and outside of Colorado
  • Pursuit of insurance recovery following a liability judgment
  • Statutory bad faith claims
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Transactional

  • Advise clients concerning the impact of coverage issues on business decisions and risk tolerance
  • Advise clients concerning the impact of legislative action on insurance coverage and the insurance market
  • Analyze coverage available for potential claims
  • Assist clients in making claims under their insurance policies
  • Consult with clients on insurance needs
  • Negotiate payment from insurers with respect to complex or disputed claims
  • Review proposed insurance coverage prior to policy issuance