INSURANCE/SELF INSURED PRACTICE GROUP

Overview
For over fifty years, Cummins & White, LLP’s Insurance/Self Insured Practice Group has been representing clients in the areas of coverage, "bad faith", errors and omissions, personal injury, property damage, subrogation, reinsurance, administrative and regulatory law. Our lawyers are at the forefront of business and legal developments which impact the insurance industry, and use this knowledge to deliver comprehensive, cost-effective legal services to our clients.

We not only know insurance law, we make it. For over five decades, the firm has been a leader in developing and implementing new insurance law, theories and strategies in both property and liability cases. We draw upon this experience in every case we handle, which is further enhanced by our rich tradition of training begun by Joseph H. Cummins and James O. White, two of the most noted and respected insurance and trial lawyers of their time. Our current roster of partners were trained by them, and the legacy of mentoring continues to be an integral part of the firm. That is why Cummins & White lawyers are excellent analysts, tacticians, negotiators and advocates.

Insurance Coverage Analysis
Cummins & White lawyers provide insurance carriers throughout the United States with coverage advice pertaining to claims under property and liability insurance policies. The close relationship we have with clients enables us to frequently anticipate, identify and offer solutions to coverage questions before they become coverage problems.

Because of the wealth of education and experience in our Insurance/Self Insured Practice Group, Cummins & White is often called upon to assist with drafting client policy forms and policies. The firm is uniquely qualified to create such forms because of our ongoing knowledge of existing and imminent coverage law.

We offer guidance and prepare responses to questions about coverage issues under commercial, homeowners, builder’s risk, boiler and machinery, transit, forced placed, excess, reinsurance and inland marine policies. Cummins & White lawyers provide advice and opinions as to the duty to defend and indemnify under policies covering commercial general liability, errors and omissions, and homeowners exposures. Our legal counsel is predicated on a "best advice" standard and results in coverage opinions which are thorough, concise and reliable.

Insurance Coverage Litigation
Cummins & White lawyers proactively represent insurance carriers and their policyholders in all types of insurance related litigation, including declaratory relief, "bad faith", subrogation and contribution actions. The Insurance/Self Insured Practice Group handles cases involving the enforceability of policy conditions and exclusions, date of loss disputes, concurrent causation, defective construction, mold, advertising injury, and allocation of defense costs among insurers.

Our litigators are consummate advocates with an impressive record of success and have earned the firm a national reputation for its trial work and ability to handle cases of first impression. We have played an instrumental role in litigating high profile, complex cases focusing on issues of fraud, asbestos, earth movement, toxic torts, mold, explosion and fire losses, and petrochemical contamination. Our strategic skills and courtroom savvy combine to provide clients with cost-efficient, results-oriented solutions at all levels of state and federal trial courts, and at arbitrations and administrative hearings.

Cummins & White defends insurance companies faced with declaratory relief or "bad faith" claims; directs insurance fraud investigations; and conducts appraisals in disputes between insurance companies and their insureds. Our lawyers aggressively pursue subrogation claims, particularly in the areas of fire and products liability. We serve as appellate counsel in significant cases, and act as advocates on behalf of the insurance industry before key commissions and insurance regulatory agencies.

Liability Defense
Cummins & White enjoys a dynamic liability defense practice, and has an enviable track record in handling litigation on behalf of insurance carriers and their insureds, individuals, and self-insured entities. Our lawyers are highly trained in the mechanics of arbitration, mediation and the courtroom theater, and enjoy impressive reputations for the settlements they engineer and the defense verdicts they earn in the areas of premises liability, public transportation, manufacturing, products liability, construction defect, and personal injury litigation.

We take pride in our ability to evaluate a case and to counsel clients on defense strategies and tactics that lead to timely, cost-effective results. Integral to our success is the deployment of "lean teams" that draw upon the abilities of our skilled paralegals, outside experts with proven trial experience, and the firm’s other disciplines to create pragmatic solutions for any kind of issue, regardless of complexity.

Professional Liability Defense
Cummins & White regularly defends officers and directors, agents, brokers, lawyers and other professionals against errors and omissions claims. Our lawyers are sensitive to the needs of the professional and are trained to anticipate the unique problems arising in professional liability claims. We know that such matters are factually complex and emotionally charged, with allegiances often changing over the course of litigation. We work closely with our clients, drawing upon their own talents and expertise, and by conducting early and precise discovery. This tactic allows us to accurately analyze all the issues and potential exposures, and clearly enables clients to make informed decisions on litigation and settlement strategies that best protect their professional status.

Our lawyers always look to resolve liability claims in the best economic interests of our clients, and we work closely with those clients to determine the appropriate course of action in each case. The key to our success is preparation: devising the plan of attack, knowing the evidence, and employing effective strategies in a cost-efficient manner.

Public Transportation Defense
With more than fifty years of experience representing railroad companies, Cummins & White is uniquely positioned to represent public transportation entities. Our lawyers are familiar with the complex federal and state laws which govern public transportation, especially pertaining to railroad industry regulations.

We work closely with clients to resolve a wide range of problems, including intersection collisions, passenger injuries, and environmental claims. Significantly, our litigators and paralegals understand the language, machinery and laws of operation which are unique to and which govern the public transportation industry. This perspective allows us to work quickly, effectively and efficiently whether handling ordinary or emergency claims.

Products Liability and Accident Reconstruction
Cummins & White regularly litigates products liability cases throughout the United States on behalf of individuals, major companies, and insurers which involve medical devices, pharmaceuticals, food, biotechnology, heavy machinery, industrial equipment, vehicles, and many other consumer products and substances. We defend matters ranging from individual claims to complex, high-profile lawsuits, and serve on defense steering committees in major, multi-district cases in both federal and state courts.

Cummins & White lawyers proactively use the discovery process to develop a defense strategy, and involve our own team of experts to add credibility to our position, especially in accident reconstruction analysis. We are thoroughly knowledgeable about federal and state regulations pertaining to health, safety and the environment, and work closely with the agencies established to enforce them. In product liability matters, we are keenly aware of those involved in the chain of product creation, manufacture and distribution, and we utilize our understanding of these relationships to get the best result, in settlement negotiations and during trial.

A Final Word
On all fronts, Cummins & White lawyers work closely with our insurance clients and self insureds to safeguard their interests. Importantly, we position our clients so that they always have the advantage in any situation or challenge, and we take pride in our ability to resolve the complex issues which confront them in both the interpretation of insurance policies and litigation.