Bad Faith & Insurance Coverage

Bad Faith & Insurance Coverage

Tyson & Mendes is experienced in representing primary insurers, excess insurers, life, health and disability insurers, reinsurers, and claims management organizations in the complete range of matters involving third and first party insurance and bad faith issues.  Our representation has encompassed a broad scope of issues, including those associated with asbestos, products, pollution, construction defects, advertising injury, commercial disputes, and rescission actions.

We provide our insurance clients with a full range of pre-litigation counseling services, including: evaluating the legal and factual bases for requests by policyholders or beneficiaries for insurance coverage or benefits, and responding to such requests; assessing and handling demands for Cumis counsel; providing formal written legal opinions as to the existence and scope of insurance coverage, if any; and advising clients on practical alternatives to litigation.

If litigation is necessary, we have substantial expertise in handling insurance litigation in state and federal courts across the nation.

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Tyson & Mendes Denver Team Wins Motion for Summary Judgment in Bad Faith Case: Appeals Court Rules in Favor of Seneca Insurance

March 27, 2023 2:44pm

DENVER (March. 27, 2023) – The Colorado Court of Appeals has ruled in favor of Seneca Insurance following the appeal of a motion for summary judgment in a bad faith case involving construction defect (Mojo Properties, LLC v. Seneca Insurance)...

California Federal Court Maintains Broad Duty of Insurer to Defend

Author: Samuel Frasher | March 3, 2023 12:11pm

A California federal court has held that the potential for coverage underlying lawsuits arising from the September 2020 Bobcat Wildfire “is clear” and requires Greenwich Insurance Company to defend Southern California Edison Co. as an additional insured...

COVID-19 UPDATE: University of Washington Advances the “Loss of Use or Functionality” Theory

Author: Andrew Friese | February 2, 2023 12:49pm

The University of Washington filed suit against its insurer, Employers Insurance Company of Wausau for the insurer's failure to provide coverage under several policies arising out of the university’s loss of use of various properties due to the COVID-19 pandemic...

Colorado Court of Appeals Validates Workers’ Compensation Exclusion in Automobile Insurance Policy

Author: Madison Miller | February 2, 2023 12:40pm

In a recent case, the Colorado Court of Appeals reviewed a case involving a workers’ compensation exclusion in a car insurance policy. Insurers should be aware of the interplay between workers’ compensation and personal automobile policies, as many insureds use their vehicle for work...

Complex Policy Language is Not Better

Author: Michael Kutzner | February 2, 2023 12:00pm

Insurance policy contracts can be confusing, not only because such contracts are extremely lengthy, but also because the language used can be complex and not easily digested. This is true for lay persons and attorneys alike. In a recent Washington appellate case...

Ninth Circuit Greenlights Insurer Intervention on Behalf of Defunct Insureds

Author: Mitchell B. Malachowski | December 30, 2022 11:30am

The Ninth Circuit recently offered guidance to insurers looking to intervene in federal litigation on behalf of defunct insureds in California Department of Toxic Substances Control v. Jim Dobbas, Inc. (“Jim Dobbas”).[1]  Specifically, Jim Dobbas held California’s...

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• Bad Faith
• Coverage
• Insurance

Bad Faith During COVID-19 & Beyond

December 9, 2022 10:32am

Over the past 17 months, the COVID-19 pandemic has created significant uncertainty regarding insurance coverage and numerous pitfalls for insurance carriers in bad faith cases. As we move into the second half of 2021, the pitfalls still exist despite restrictions being eased and life returning to normal for some. This webinar will guide attorneys and insurance professionals on how to weather the storm and avoid bad faith lawsuits.