Smart people do not gamble all of their assets on a single decision. Insurance, in a sense, exemplifies this lesson. Everyone faces risks and losses, but insurance provides the ability to guard against catastrophic financial losses by shifting those risks to an insurance company that specializes in dealing with such losses. But sometimes even smart people who properly guard against risks and losses by purchasing insurance still find themselves facing enormous losses when the insurer claims that coverage does not exist under a particular set of circumstances. Insurance companies also face difficult decisions when an insured is faced with a claim that may not be covered under the policy.
In our new article Charting a Course through the Perils and Pitfalls of 537.065 Litigation, we outline paths for attorneys representing injured victims and the attorneys for insurance companies to navigate the perils and pitfalls of 537.065 agreements.