Insurance Defense Attorneys
We also provide coverage analysis, including reservation of rights correspondence, opinions, and defending bad faith and coverage litigation matters.
In addition to representing insureds through insurance companies, Burch & Cracchiolo attorneys represent government and public entities, self-insured companies and Native American tribal governments and enterprises. We represent defendants in insurance coverage disputes and bad-faith claims, defending all types of litigation involving insurance-related issues, including first and third party bad-faith suits, brokerage disputes, surplus lines insurance and declaratory judgment actions.
We make every effort to minimize the expense of litigation for our clients through alternative dispute resolution strategies, including mediation, arbitration and mini trials when appropriate to achieve client goals. Of course, our ultimate motivation is to achieve the best outcome for our client by providing outstanding representation from the outset through successful resolution.
Automobile Liability
At Burch & Cracchiolo, our attorneys have experience in representing clients in automobile liability cases within the practice area of insurance defense. We work closely with insurance carriers to evaluate the coverage available under the policy and advise clients on the best course of action. We also work with experts to investigate and evaluate the damages caused by the incident, and in representing clients in court or in arbitration proceedings. Our goal is to provide aggressive and effective representation to help our clients defend themselves against claims and to minimize the potential financial impact of an automobile incident.
Partners/Of Counsel:
Environmental/Toxic Tort Litigation
Burch & Cracchiolo lawyers represent clients in complex toxic tort and environmental litigation practice, primarily in defending clients for commercial and cost recovery, toxic torts and land use litigation and related insurance coverage and bad faith litigation.
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Fire Insurance Subrogation
Fire insurance subrogation refers to the legal process by which an insurance company seeks to recover damages they have paid out to their policyholder from a third party who may be responsible for the loss. This is typically done when the cause of the fire is determined to be the result of the negligence or wrongful actions of another party. Subrogation allows the insurance company to step into the shoes of the policyholder and pursue a legal claim against the responsible party to recover the damages paid out under the policy.
Our attorneys have experience in handling fire insurance subrogation cases on behalf of insurance companies. We understand the complex legal and factual issues that can arise in these cases and are equipped to investigate the cause of the fire, identify the responsible parties, and pursue a legal claim to recover the damages paid out under the policy.
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General Liability Defense
General liability defense is the practice of representing individuals and entities facing claims or lawsuits for damages or injuries resulting from alleged negligence or wrongful actions. At Burch & Cracchiolo, our attorneys have experience in handling general liability defense cases, and are skilled in investigating incidents, identifying responsible parties and developing a defense strategy to minimize legal and financial consequences. We work closely with clients, insurance carriers and experts to investigate, evaluate and defend the case in court or arbitration proceedings, providing aggressive and effective representation.
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Government/Public Entity Liability
At Burch & Cracchiolo, we have a long history of defending cities, counties, school districts, and risk sharing authorities against claims by constituents and others in a wide variety of matters, including claims alleging that there is a dangerous condition of public property; claims of slander, defamation, retaliation and harassment; accident claims involving vehicles owned by the public entity; dangerous roadway and road design claims; inverse condemnation, trespass and nuisance claims brought by private property owners; wrongful death and catastrophic personal injury claims; premises liability claims involving public property, including bridges, recreational facilities, train stations and other properties; construction site accidents and contract and indemnity claims involving public entities.
Our attorneys understand and are prepared to assert all defenses and immunities contained in the Government Code. In addition, our full-service capabilities allow us to engage the experience and skills of lawyers with special knowledge in areas such a construction law and real estate law as we prepare our case.
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Insurance Bad Faith and Coverage Litigation
Our insurance coverage practice encompasses first-party and third-party insurance coverage and bad faith claims. Burch & Cracchiolo attorneys typically represent insurance companies in these cases, but the firm has represented insureds in selected cases.
We represent insurance companies in coverage and bad faith litigation involving a wide variety of matters arising under numerous types of policies, including commercial general liability policies, directors and officers liability policies, policies, WRAP/OCIP/CCIP policies, property and casualty policies, professional errors and omissions policies and life and disability insurance policies.
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Premises Liability Litigation
Burch & Cracchiolo's representation of retail, hospitality and multi-location businesses of all types has provided the firm with a steady supply of premises liability claims from the defense perspective. Our premises experience includes defending national and regional retailers, grocery chains, service stations and convenience stores, as well as on-site company claims. We recognize certain claims require only brief e-mail evaluations, while other cases may require prolonged discovery, intense motion practice, and full-scale evaluation in the months before trial. Whatever the circumstances require, our experience, our programs and our people allow us to meet the challenge.
Our experience in defending premises claims for our institutional clients provides us with the ability to readily assess the value and potential outcome of cases for parties..
Partners/Of Counsel:
- Susan Dana-Kobey
- Susanne E. Ingold
- Todd A. Julian
- Keith A. Olbricht
- Gregory A. Rosenthal
- R.J. Bucky Slomski
Paralegals:
Product Liability Litigation
Burch & Cracchiolo has a long history of representing clients in a wide variety of product liability matters in industries including aeronautics, automotive, chemical, electrical and mechanical, consumer and household products, medical devices and pharmaceuticals.
While the most serious and talked about product liability cases and settlements in recent years have involved class action lawsuits filed against major manufacturers of automobiles, pharmaceuticals, and dangerous medical devices, claims of injury from defective products can range from minor injuries to serious brain and spinal cord injuries. At Burch & Cracchiolo, our attorneys are adept at assessing the value of an injury and each parties' likelihood of success if a lawsuit ensues.
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Professional Liability Litigation-Defense
Burch & Cracchiolo attorneys have handled all types of professional liability litigation, ranging from medical, accounting and legal malpractice claims and contract disputes to claims for securities fraud and tortious interference with contractual and business relations. In addition, we provide representation to clients involved in architectural, engineering and related professional liability claims. We draw on the expertise of lawyers throughout the firm to provide each client efficient and cost-effective representation.
Our attorneys also represent physicians, chiropractors, nurses and others in the medical arena in claims before medical boards and boards of specialty when licenses are challenged.
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Property Subrogation
When a loss occurs to a property that is covered under an insurance policy, our attorneys work closely with the insurance company to investigate the cause of the loss and determine if a third party may be responsible for the damages. If it is determined that a third party is responsible, our attorneys can step in and pursue a legal claim against that party through the process of subrogation, allowing the insurance company to recoup the damages they have paid out to the policyholder.
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Request a ConsultationAreas of Concentration
- Automobile Liability
- Environmental/Toxic Tort Litigation
- Fire Insurance Subrogation
- General Liability Defense
- Government/Public Entity Liability
- Insurance Bad Faith and Coverage Litigation
- Premises Liability Litigation
- Product Liability Litigation
- Professional Liability Litigation-Defense
- Property Subrogation