Insurance Bad Faith and Coverage

On behalf of policyholders and other insureds, Conkle, Kremer & Engel pursues claims against insurance companies. Our matters have involved liability, fire, property, casualty, business, product liability, directors and officers, errors and omissions, and health and disability insurance policies. Recoveries have included costs of defense and payment of losses, judgments and settlements. We have obtained numerous judgments and settlements including multi-million dollar damages and punitive damages verdicts.

Some of Conkle, Kremer & Engel’s Cases Involving Insurance Bad Faith and Insurance Coverage

Conkle, Kremer & Engel’s recent matters in insurance coverage and insurance bad faith fields include:

•     $12.5 million settlement from insurers for Jordache Enterprises, settling claims arising from the insurers’ failure to defend litigation against Jordache that was filed by Guess? and the Marciano Brothers. After CK&E obtained summary adjudication against the insurers, a settlement quickly followed. Conkle, Kremer & Engel later represented Jordache in a legal malpractice action against Brobeck, Phleger & Harrison, who had previously represented Jordache in the Guess? litigation, for Brobeck’s failure to pursue insurance coverage during its defense of the Guess? claims against Jordache. That action also resulted in a settlement, after groundbreaking California Court of Appeal and California Supreme Court decisions.
•     Conkle, Kremer & Engel won an appellate court decision establishing a right of a subsequent property owner to collect insurance for damage to real property that started before the property was purchased. Conkle, Kremer & Engel represented a purchaser of a retirement park. The purchaser and the prior owner were sued by tenants who claimed property damage due to negligent construction. CK&E represented the purchaser against the contractor who caused the damage, and won a judgment at trial of $847,671. CK&E then filed an action to collect the $847,671 from the contractor’s insurer. The insurer refused to pay, contending that the purchaser did not own the property when the damage occurred. CK&E obtained a decision from the California Court of Appeal that the insurance company was wrong. The insurer is obligated to pay the amount of the award because the damage occurred during the term of the insurance policy, even though the purchaser did not own the property until later.
•     Conkle, Kremer & Engel obtained an adjudication that an insurance company is required to pay for the defense of patent infringement claims. Conkle, Kremer & Engel represents Jordache Enterprises, Inc. in a claim against National Casualty for breach of its duty to defend a lawsuit for infringement of the process and look of acid wash denim garments. National Casualty had issued Commercial General Liability (CGL) insurance policies to Jordache. CK&E obtained an award of $1,580,000 against National Casualty. The award included a finding that the patent infringement claims against Jordache were potentially within the coverage of Jordache’s CGL policy, and that National Casualty breached its duty to defend Jordache and acted in bad faith.