Parsons Behle & Latimer’s insurance practice team represents corporate and individual insureds, insurance companies and related entities. The firm’s insurance expertise has its roots where this firm began – representing clients worldwide in the mining industry. For more than a century, the firm has represented mining and utility clients in insurance coverage matters such as pollution claims, mining disasters and failure of power generation equipment. In past decades, our insurance expertise has widened with the addition of attorneys who previously spent part of their careers handling coverage cases and defense of insureds, cutting their teeth in the courtroom with high-stakes, complex insurance litigation. And our insurance attorneys continue to boast extensive experience in lawsuits defending insureds and in insurance coverage matters, both on claims-made and occurrence policies. We have substantial experience in complex policy analysis. Several of our insurance attorneys regularly teach and publish in the insurance field on a wide variety of topics.
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Represented Doctor Before Utah Supreme Court on Cross-Appeal in Medical Malpractice Insurer Dispute
Parsons attorneys won a bad-faith verdict for their medical doctor client against his malpractice carrier. When the insurer appealed the verdict, they cross-appealed because the district court had dismissed their punitive damages claim. The Utah Supreme Court ruled entirely for Parsons’ client, including a new jury who would determine whether and how much to award the doctor in punitive damages.
Nichols v. Jacobsen Construction Co., 2016 UT 9, 374 P.3d 3
On an issue of first impression in Utah, persuaded Utah Supreme Court in Nichols v. Jacobsen Construction Co., 2016 UT 9, 374 P.3d 3, that general contractor’s contractor-controlled insurance program entitled the contractor to immunity from injured worker’s tort suit under Utah law.
Successfully Obtained Title Insurance Coverage for Client
In a recent dispute between a title insurance company and insured, successfully obtained coverage for client under title insurance policy.
Bad Faith Issues
Parsons Behle & Latimer represents individuals and businesses who have claims that their insurers breached the various duties owed by insurers to their insureds as well as defending insurance companies against allegations of bad faith. As an example, in early 2020, we obtained a judgment of just under $2 million for an insured in a bad faith lawsuit against his medical malpractice carrier.
Complex Liability Coverage Issues
Parsons Behle & Latimer regularly advises insureds and insurance companies on coverage issues and represent them in declaratory judgment lawsuits. We have represented insureds and insurance companies in a number of claims involving privacy, business interruption, environmental cleanups, industrial accidents, professional liability and construction defects. We have extensive expertise in dedicated pollution coverage policies, and we have represented insurers under large “wrap-up” insurance policies for major construction projects.
Parsons Behle & Latimer has been chosen by insureds to act as cumis counsel to defend the insureds in third party lawsuits where a conflict has arisen between them and the insurer.
New D&O coverage issues arise almost every day. Parsons Behle & Latimer attorneys have a thorough knowledge of this coverage and have been instrumental in assisting clients in obtaining defense and liability payments under the various “sides” of D&O policies.
In addition to Parsons Behle & Latimer's general ERISA practice, our attorneys have advised clients concerning the special issues that arise under ERISA in connection with life insurance and accidental death insurance issued in connection with ERISA-covered plans.
Parsons Behle & Latimer has advised clients and assisted in drafting proposed legislation in Utah on insurance issues, and we have appeared before legislative committees to discuss and explain proposed legislation.