GAUNTLETT LAW — INSURANCE COVERAGE RECOVERY ATTORNEYS

 WHEN YOUR INSURER REFUSES TO DEFEND YOUR BUSINESS, THROW DOWN THE GAUNTLETT!

RECENT RESULTS

Chubb’s Denial of Coverage under a D&O Policy for COVID-19 Cancellation Reversed by 5th Circuit

Along with co-counsel Pete Kennedy of Graves, Dougherty, Hearon & Moody, Gauntlett & Associates represented SXSW, host of the annual South by Southwest music festival in Austin, Texas. Chubb denied its duty to defend or indemnify SXSW in a class-action lawsuit following cancellation of the 2020 event due to COVID regulations. In SXSW, L.L.C. v. Fed. Ins. Co., No. 22-50933, 2024 WL 1216560 (5th Cir. (Tex.) Mar. 21, 2024), pet. for reh. den. (May 16, 2024), the Fifth Circuit reversed the district court, concluding that Federal (Chubb’s subsidiary) had a duty to defend SXSW in the class-action lawsuit.

Expert Witness Testimony Secured $19M Jury Verdict for Seizure Claim under Aviation Policy

In Passport 420, LLC v. Starr Indemnity & Liability Co., Case No. 19-CV-03596 (Superior Court of California—Santa Barbara May 17, 2024), David Gauntlett served as the last witness addressing improprieties in Starr’s handling of a claim involving the IRS’s seizure of an aircraft. He addressed Starr’s failure to adhere to industry customs and practices both in its investigative process and subsequent denial of coverage. His testimony helped secure a jury verdict awarding Passport 420 $4 million in compensatory damages and $15 million in punitive damages for bad faith.

Judge Orrick in N.D. Cal. Quickly Corrected Tokio Marine’s Improper Defense Denial for County Civil Proceeding

Gauntlett & Associates secured reversal of Tokio Marine’s wrongful denial of defense for a property damage claim four months after filing of the initial complaint in Houser Holdings CA, LLC, v. Tokio Marine Specialty Ins. Co., Case No. 3:24-cv-01123 (N.D. Cal. June 21, 2024). After storms caused a sinkhole that rendered a community access road unusable, Mendocino County erected an emergency bridge. The county held a hearing in which it sought to recover $239,504.97 for its work. Tokio Marine denied any obligation to defend Houser in that proceeding because it did not qualify as a “suit” as defined by the policy. Judge Orrick reversed the denial of a defense because of the proceeding’s similarity to an arbitration (explicitly defined as a “suit” by the policy) and general adherence to the California Rules of Civil Procedure.

WHAT DOES GAUNTLETT LAW DO?

1. We are a corporate policyholder insurance coverage recovery counsel focusing on securing defense reimbursement in business litigation lawsuits encompassing intellectual property, antitrust, employment, and false advertising claims as well as other cutting edge coverage arenas addressing CGL, E&O, D&O, Media and Cyber insurance policies;

2. We assist policyholders in securing the best policy language working with corporate risk management and insurance brokers to procure policy language informed by over 150 years of cumulative insurance coverage litigation experience;

3. We orchestrate due diligence review of questionable insurer denials of coverage that unearth ‘buried treasure” — creating opportunities to pursue insurers for recovery of defense fees,  monies paid in settlement and prejudgment interest accruing on these recoverable damages as well as evaluating M&A transactions to revisit insurer denials and negotiate acquisition of representation & warranty insurance policies;

4. We address professional liability exposure claims securing coverage when insurers deny policy benefits to policyholders who are  professionals, including but not limited to lawyers, insurance brokers, IT providers, accountants, and architects as well as provide expert witness reports, testimony and consultation; and

5. We secure independent counsel (“Cumis”) rights for policyholders and their counsel, as well as for our legal services as defense counsel in intellectual property and business tort disputes where insurers wrongfully deny this key component of their insured’s rights across the U.S.

WHAT DOES GAUNTLETT LAW NOT DO?

1. Life, Health, Disability  and Worker’s Compensation Insurance Claims as well as ERISA;

2. Plaintiffs’ Personal Injury Lawsuits; 

3. Representation of Individuals in Insurance Coverage Disputes  Where They are not Defendants or Cross-Defendants in a Lawsuit; 

4. Representation of Policyholders in bad faith lawsuits on a contingency fee basis; 

5. Pursuit of Professional Liability Claims Against Lawyers, Insurance Brokers and other service providers

WANT TO KNOW MORE?

Mr. Gauntlett recently recorded a podcast with Knobbe partner Jared Bunker. You can listen to their discussion here: https://www.knobbe.com/blog/insurance-coverage-intellectual-property-lawsuits-0. You can also hear him address current issues in coverage law at these upcoming presentations:

• “Personal and Advertising Injury Coverage for Communication Torts: AI, Internet Marketing, Social Media” – Strafford live video webinar on Tuesday, July 16, 1:00–2:30 p.m. EDT

  • Communications torts relying on social media, AI, and AI-driven software may trigger “personal and advertising injury” coverage under a variety of tort claims including copyright infringement, trademark infringement, false advertising, defamation, and disparagement. The panel, including Mr. Gauntlett and Kevin Small, will address these issues.

• “Insurance Coverage for Intellectual Property Infringement Lawsuits: CGL, Media/Cyber, D&O and E&O Policies” – Hawaii Bar Association live video discussion on Wednesday, September 11, time TBD

  • Coverage for IP lawsuits under a variety of policies will be explored, including how to secure coverage and analysis of recent cases addressing facts that suffice to evidence potential coverage.

FOR MORE INFORMATION ABOUT GAUNTLETT & ASSOCIATES PROFESSIONAL SERVICES SEE OUR FAQ

The Latest Blogs

INTELLECTUAL PROPERTY INSURANCE COVERAGE PUBLICATIONS

David A. Gauntlett is the Principal of Gauntlett Law.  He is also a published author, speaker and scholar in the area of insurance coverage. Mr. Gauntlett has authored numerous articles for publications in various ABA publications as well as PLI, Matthew Bender and Mealey's. Below are two of his popular books:
 

Insurance Coverage of Intellectual Property Assets, Second Edition

Insurance Coverage of Intellectual Property Assets, Second Edition (Wolters Kluwer/Aspen Publishers) is the best resource to comprehensively analyze the insurance protection issues that must be considered when an intellectual property dispute arises. From determining the scope of coverage under a policy, to tendering of a claim, to seeking remedies when coverage has been denied, this essential guidebook details the interactions among policyholders, insurers and the courts.

You'll find comprehensive and timely analysis of federal and state case law and major commercial insurance policy provisions that address . . .  >read more.

IP Attorney's Handbook for Insurance Coverage in Intellectual Property Disputes, Second Edition

This easy-to-use guide addresses clients' questions regarding insurance coverage for intellectual property and contains information vital to intellectual property litigators who wish to use insurance to reimburse the cost of defending intellectual property lawsuits, or obtain moneys for their settlement and/or indemnification of damage awards that may arise therein.

The book focuses on the kind of policy language carriers have used, how courts have interpreted these, and issues intellectual property practitioners need to be sensitive to in litigating insurance cases so that they are "insurance savvy." It also highlights issues that are of particular concern to practitioners who must weave in and out of the labryinth of insurance coverage cases that march to a distinctive set of often counter-intuitive rules.  >keep reading.