Insurance Coverage and Defense

Attorney and owner of Lex Fori PLLC, Carson J Tucker, JD MSEL, began his private law career honing his skills on high-exposure, catastrophic loss insurance disputes, mostly involving environmental liability claims. Appellate work and insurance coverage work are similar in that they require the practitioner to understand the entire case from the ground up.

High-exposure environmental liability claims often involve multiple jurisdictions, multiple insurers, and multiple potentially responsible parties. Due to his having a Master’s Degree in Environmental Law and Policy, Mr. Tucker has worked with environmental engineers and experts and performed on-site and off-site reviews of documents and information about a case. Mr. Tucker honed his skills analyzing the multiple facets of assessing the merits of litigation, determining potential defenses to coverage, and estimating the extent of potential liabilities. This skill set has proven invaluable in advising private clients, businesses and insurance companies on the broader aspects of day-to-day decision making in high-risk environments.

In high-exposure, catastrophic loss coverage disputes, multiple parties (sometimes in multiple jurisdictions) are seeking to understand the nature of the liabilities at stake and the potential assets and resources available to pay for them. For businesses and private individuals, the availability, or non-availability of insurance is a critical factor in decision making.

For insurers, excess insurers and reinsurers, the nature of the claim or claims, the potential coverage and defenses, and their monetary value is critical to understanding options and making informed decisions regarding a response.

Another aspect of advising on high-exposure insurance claims is understanding that the client’s business experience and perspective is the orientation from which one must advise and consult. The attorney is being instructed by the client, not the other way around, and to that end, the lawyer must be able to see the nature of the risks, liabilities, and assets from the client’s perspective.

Claims that arise offshore, or in the United States, governed by standard form policies or customized policies are highly dependent on the laws of the jurisdictions in which the losses occurred and the laws of the jurisdiction that the parties to an insurance contract agreed would apply to any disputes.

We are one hour from the City and schedule meetings when and as needed. Let us help you navigate the intricacies of the business of risk, accurately analyze the value of potential liabilities and assets, and help you to make informed decisions about current and future action.