Practice Areas

Casualty & Long-Tail Claims

Skarzynski Marick's Casualty & Long-Tail Claims team represents insurers across the country in complex coverage and bad faith matters at the claim stage, in trial courts and on appeal.  We advise clients on every type of liability coverage, including commercial general liability, excess, pollution   liability, workers compensation and employers liability. Our teams’ successes are grounded in a deep understanding of the insurance business—from the claims, underwriting and legal perspectives.
 
We serve as lead and national coordinating counsel to insurers in disputes over general liability coverage for mass torts (asbestos, opioids, lead paint, various pharmaceutical products, medical devices, sexual abuse, concussions and other causative agents) and environmental matters. Because we have handled cases across the country and understand the nuances of different states' laws on important coverage issues, we are always focused on not only our insurer clients’ interests in any given case, but also its overall portfolio interests. We have counseled insurers and litigated all the key issues implicated by these types of cases: accident/occurrence; trigger of coverage; allocation ("all sums" vs. pro rata); expected or intended injury or damage; owned property; pollution exclusions (sudden and accidental, absolute and total); product coverage/exclusions; number of occurrences; aggregate limits issues; supplementary payments; coordination of primary and excess coverage; policy limit demands; stipulated/consent judgment set-ups; improper claims handling; failure to settle; and myriad other issues.
 
We counsel insurers and litigate high stakes matters involving complex coverage, bad faith, and extra­ contractual liability issues, including the "right and duty to defend," the consequences of a breach of the duty to defend, policyholders' claim to independent "Cumis" counsel and disputed attorneys' fees. We also have served as amicus curiae counsel for the American Insurance Association and the American Property Casualty Insurers Association.