Analyzing Insurance Contracts and Litigating Insurance Disputes
We have substantial experience analyzing insurance contracts and litigating disputes that arise under them, including disputes that concern the following issues: (1) whether the insurer has a duty to defend and/or a duty to indemnify the insured; (2) whether the insurer denied coverage in bad faith; and (3) complex issues of indemnification, equitable indemnification, subrogation, and a wide range of matters that frequently arise in insurance disputes.
In a recent matter in 2025, our client was sued in a complex construction litigation. Its insurer initially denied any duty to defend or indemnify our client. In response, Mr. Markham reviewed our client’s insurance contract with this insurer, challenged the insurer’s denial of coverage, and argued that the contract itself offered only “illusory promises.” Rather than litigate this strong challenge, the insurer agreed to provide our client with a defense (offered by its usual law firm), indemnify our client in full, and also pay Mr. Markham’s fees in his capacity as the insured’s independent counsel (Cumis counsel), so that he could oversee the insurer’s defense and review the final settlement of the case. Our client thus escaped any liability in this matter, except for its deductible.