Insurance

Insurance

Hamilton, Miller & Birthisel is proud to represent many of the leading insurers in the world and their insured, including ACE Insurance Group, AIG, Allianz, Axis, Chubb, CNA, Great American Insurance Company, Liberty International Underwriters, Seaworthy, Travelers, and U.S.F.&G., XL, and various underwriters at Lloyds. We are also designated correspondents for The American Club, West of England P & I Club, Steamship Mutual P & I Club, and The London P & I Club. We offer a full range of services, including:

Coverage and Claims Handling

We serve insurance carriers in all aspects of disputes and claims; from simple demands for coverage, to multi-million-dollar claims for first-party and third-party bad faith. We advise clients on claims handling, insurance fraud, loss investigation, and settlement practices. Our services include:

  • First and third-party coverage analysis
  • First and third-party coverage litigation
  • Bad faith avoidance and other forms of extra-contractual liability and litigation
  • Defense of suspected fraudulent bodily injury claims and staged accidents
  • Evaluation, investigation and defense of fraudulent property claims (including arson and theft)

We understand the complexity of breach of contract and bad faith claims defense. Our attorneys are approved panel counsel for many of the world’s largest insurance carriers. We offer an aggressive yet cost-effective approach to the analysis and resolution of these claims. We quickly and accurately investigate and advise our clients regarding settlement value, exposure, litigation strategy, and potential litigation outcomes.

We litigate major insurance coverage matters in state and federal courts throughout the state of Florida, Virginia, and the Caribbean. We are experienced in alternative dispute resolution in a wide-range of coverage disputes, and are often called upon to advise clients prior to litigation in order to evaluate a resolution strategy to avoid the costs associated with litigation.

Our attorneys have spent their entire careers defending and advising insurers. We have an unparalleled combination of experience and skills that allow our clients to confidently entrust us with their highest profile, most complex litigation.

Marine Insurance

Marine insurance offers unique forms of coverage to those conducting business, and playing, in and around the water, including marine employer liability coverage under various acts (e.g., the Jones Act, Longshore and Harbor Workers Compensation Act) and the general maritime and state law; general marine liability to various classes of persons such as cruise line and charter boat passengers, as well as those persons involved in recreational boating; marine general liability to persons and property associated with waterfront and waterborne business activity; hull and machinery coverage; cargo liabilities (both inland and wet marine); and marine pollution. Indeed marine insurance has its roots in centuries-old insurance principles recognized throughout much of the world today and brings with it its own terminology and issues unique to the marine insurance world. We provide our marine insurance clients with coverage analysis and policy drafting advice, as well as representation in state, federal, and alternative dispute resolution forums. In this regard, we represent insurers, third party administrators, policyholders, and insured clients with self-insured retention agreements.

The firm regularly responds to claims of insureds made to the Florida Department of Insurance and deals with regulatory matters before that department on behalf of insurers. Through years of working with English, European, Asian and domestic marine insurers, we have developed a thorough understanding of the nuances of marine insurance practice and policies. Our clients frequently request our assistance in drafting, reviewing and analyzing policy language for marine insurance policies of all types. We also regularly assist insurers in adjusting, settling, and litigating first party hull and machinery insurance claims, salvage claims, and maritime personal injury claims.

Casualty Defense

An important cornerstone of our firm’s practice is insurance defense litigation. All of our attorneys have spent substantial portions of their careers representing insurance companies and their insureds and they know the territory. We are proud to be among the select group of attorneys named as AIG’s “Top Ten Lawyers” worldwide, an annual honor bestowed on only ten lawyers annually based upon their support of the company and their legal abilities.

We offer an aggressive yet cost-effective approach to the analysis and resolution of claims. Our services include:

  • First and third-party jury and bench trials
  • Personal Injury and Wrongful Death Defense
  • General Liability Defense
  • Collision Claims
  • Cargo Loss and Average Claims
  • Marine Salvage and Wreck Removal
  • Marine Pollution
  • Property Claims
  • Premises Liability
  • Negligent Security
  • Assault & Battery
  • Products Liability
  • Insurance Fraud and SIU
  • Bad Faith

Subrogation

We offer comprehensive insurance subrogation services to insurance companies and other insurance professionals in the areas marine and automobile property loss, homeowner and commercial property, product liability, and marine. Our attorneys work in partnership with your claims personnel to maximize recognition of viable subrogation opportunities. We have obtained subrogation recoveries for insurers through litigation, alternative dispute resolution (ADR), and negotiated settlements. We have also assisted insurers in evaluating and preparing for inter-company arbitration of subrogation claims.