We represent both policyholders and insurance companies on insurance coverage issues by providing advice on whether certain claims are covered by certain policies and, when necessary, by litigating coverage disputes. These issues continue to grow in complexity as new theories of liability give rise to disputes over insurance coverage for such claims. We have experience with many types of coverage issues, including those concerning environmental damage, employment practices, construction defects, business interruption, directors and officers liability, contractual and commercial disputes and products liability.

Experience Highlights

• Litigation – Represent both policyholders and insurance companies in litigating coverage disputes concerning a wide variety of coverage issues in state and federal courts in North Carolina, South Carolina and other states
• Coverage Opinions – Advise both policyholders and insurance companies and provide opinions on whether certain claims are covered by certain insurance policies, including commercial liability policies, employment practices liability policies and directors and officers liability policies
• Insurance Program Evaluation – Advise policyholders in evaluating their insurance needs and alerting clients to potential pitfalls for which coverage should be secured

Experience

• Represented the insured in a case seeking insurance coverage under comprehensive general liability policies dating from 1945 to 1987 for environmental-related claims arising from 94 sites located in 20 states around the country. The insurance carriers denied coverage on the basis of pollution exclusions, owned property exclusions, notice provisions, expected or intended provisions and occurrence definitions (trigger of coverage arguments), etc. The case proceeded in eight different states, including North Carolina, South Carolina, Virginia and Texas. We secured favorable settlements for the insured.
• Represented the insured in a dispute over coverage under a comprehensive general liability policy for a property owner's liability to the owner of an adjoining piece of property that was damaged by a leaking underground gasoline storage system on the insured's property. Obtained summary judgment on behalf of the insured with the court finding that there was insurance coverage.
• Represented one of a number of general liability insurers who were asked to defend and indemnify the insured in connection with several claims for damage and loss from environmental contamination. Obtained summary judgment for our insurer client at the trial level.
• Represented several insurance carriers in a coverage dispute with a major American corporation concerning recall of products manufactured by a European subsidiary of the American corporation.
• Advised an insurance company on coverage for property damage and wrongful death claims arising out of an explosion at an industrial site. Coverage issues included the professional services exclusion and the exclusion for property damage caused by "your work," among other issues.
• Advised numerous clients on insurance coverage for employment practices liability claims, such as allegations of wrongful termination, racial discrimination and sexual harassment.

News

• David Allen Named Chair of NC State Bar Ethics Committee
  December 15, 2011
• U.S. News & World Report Names Parker Poe Top-Tier Law Firm for 2012
  Firm Ranked #1 in 33 Legal Areas
  November 1, 2011
• 61 Parker Poe Attorneys Recognized as Best Lawyers® for 2011
  August 18, 2010
• David Allen Elected President of the North Carolina Association of Defense Attorneys
  June 22, 2009
• Curious About Curiae? NCADA Amicus Curiae Briefs
  April 9, 2008
• Right to Select Counsel When the Insurance Company is Providing a Defense
  Coverage Concerns
  April 10, 2007
• Additional Insureds: Does Coverage Depend on Whether the Additional Insured was Negligent?
  Coverage Concerns
  April 10, 2007
• Insurer - Insured - Attorney: Are Communications with my Lawyer Privileged
  Coverage Concerns
  April 10, 2007
• Stub Policies: A Little Extra Time on the Risk May Mean A Lot More Money for the Policyholder
  Coverage Concerns
  April 10, 2007
• Kristina A. Young Joins Parker Poe's Charleston Office
  September 19, 2006
• Spread of Electronic Documents Adds to Discovery
  March 17, 2006
• Discovery in the Electronic Information Age Part II
  March 13, 2006
• Discovery in the Electronic Information Age
  March 2, 2006
• Insurance Policies: An Important Corporate Asset
  Coverage Concerns
  August 3, 2005
• When Does Damage “Occur” for Insurance Purposes? – Two Recent Cases from the North Carolina Court of Appeals
  Coverage Concerns
  August 3, 2005
• Insurance and Business Claims Top the List of Large Verdicts and Settlements in North Carolina
  Liability Alert
  April 26, 2005
• Tort Reform in South Carolina
  Liability Alert
  April 26, 2005
• Waiving Attorney-Client Privilege with a Click of the Mouse
  Liability Alert
  April 26, 2005
• North Carolina Rejects Daubert, But Has Anything Really Changed?
  Liability Alert
  April 26, 2005
• North Carolina Courts Graded on Fairness
  Liability Alert
  April 26, 2005
• Your Insurance Company is Defending a Lawsuit – Defense Counsel Selection in the Tripartite Relationship
  Coverage Concerns
  February 10, 2005
• E-mail: Think Before You "Send"
  Coverage Concerns
  February 10, 2005
• New Precedent in South Carolina on Environmental Cleanup Costs as "Damages" for Insurance Purposes and a New Understanding of the "Sudden and Accidental"
  Coverage Concerns
  February 10, 2005
• Computer Virus Ruled an "Accident" and "Physical Loss" for Insurance Purposes
  Coverage Concerns
  February 10, 2005
• You Are an Additional Insured. Are You Covered?
  Coverage Concerns
  February 10, 2005
• Announcing Parker Poe's 2004 Fall Associates and Special Counsel
  November 4, 2004
• Business Misconduct Claims Continue to Top the List of Largest Recoveries in North Carolina
  Liability Alert
  June 4, 2004
• Recent Changes to Federal Class Action Rules Will Likely Impact Class Actions in the Carolinas
  Liability Alert
  June 4, 2004
• Think Twice Before Hitting "Delete"
  Liability Alert
  June 4, 2004
• Woodson Update – Recent Cases Confirm High Standard for Plaintiffs
  Liability Alert
  June 4, 2004
• Did You Hear . . .
  Liability Alert
  June 4, 2004
• What's in a "Named"? The Additional Named Insured V. Additional Insured Debate
  Coverage Concerns
  February 26, 2004
• Insurance Carrier Required to Defend Contractor for Loss of Use and Equipment-Related Damages, Even Though Caused by "Faulty Workmanship"
  Coverage Concerns
  February 26, 2004
• Pollution Exclusion Tune Played For Board of
  Coverage Concerns
  February 26, 2004
• Court Rules that Damage to Computer Software is "Not Physical Damage to Tangible Property"
  Coverage Concerns
  February 26, 2004
• John Anderson, Chip Holmes, Ray Jones and Scott Leo Have Become Partners in the Firm
  January 12, 2004
• Product Warnings: Manufacturers Beware
  January 30, 2002