Insurance Defense

Manning Fulton’s Insurance Defense team has an extensive background in handling litigation for a wide variety of key players in the insurance industry. Insurance carriers regularly retain us to defend their clients in federal and state court lawsuits alleging professional errors and omissions and other types of claims. We have particular expertise representing insurance brokers, agents, third party administrators and adjusters in hundreds of disputes and lawsuits alleging:

  • Professional negligence
  • Breach of contract
  • Unfair trade practice
  • ERISA violations
  • Breach of fiduciary duty
  • Fraud
  • Failure to procure insurance
  • Misrepresentation or incorrect advice
  • Unauthorized binding of coverage
  • Improper conduct relating to premium finance loans
  • Mishandling of claims

A few examples of the types of lawsuits that we have handled include:

  • Representation of a major statewide insurance services firm in federal litigation alleging that it had mishandled the acquisition of National Flood Insurance Program coverage for a multi-building apartment complex. This resulted in denial of a substantial part of the owner’s claim when the complex flooded in Hurricane Floyd. Under threat of our summary judgment briefs demonstrating that the denial of the claim arose from a misinterpretation of the policy, the carrier and the Federal Emergency Management Authority (FEMA) abandoned their position and agreed to pay the claim. As a result, the court dismissed all claims against our client.
  • Representation of an insurance agent for alleged failure to get insurance for a business property on the North Carolina coast. The North Carolina Supreme Court affirmed judgment in favor of our client.
  • Representation of an agent in a federal action for alleged negligence in procuring the wrong insurance for a crane used by a construction company in constructing a bridge across Currituck Sound. The Fourth Circuit court of appeals affirmed judgment in favor of our client.

This comprehensive representation of players in the insurance industry also enables us to better assist our business clients and individual clients who have questions or disputes about their insurance and insurance coverage.

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