Litigation

Insurance exists in all that we do and everywhere we go. Without insurance, the risk would often be untenable, and all commerce would almost certainly cease. Any property owner knows they had to obtain insurance as a requirement of the lender to buy the property. Any business owner knows that it must have liability insurance to protect it from unexpected risks that could destroy its business. Most business transactions have certain insurance requirements contained within the contract, such as who must insure against the risk of loss or defend and indemnify for liability.

Insurance is simply a contract. And the protection afforded by the insurer is subject to the terms and conditions of that contract. But, unlike many contracts, insurance policies are governed by certain unique rules that are not always obvious. 

Policies are not mere contracts drafted on a whim. They are complex documents that are created based on risk assessment and statistical analysis for premium rating. Insurers will analyze what is a covered loss and what its risk exposure is for such loss.

It is more important to review your business and personal insurance policies. We make sure our clients understand what risks “are” and “are not” covered. It is better to know now instead of 5 years down the road when it may be too late. Because of the uniqueness of the facts of many claims, coverage disputes will always exist.

Disputed between owners can ruin more than a friendship; they can pose a major threat to your company’s success. Laying out a clear foundation from the beginning can aid in preventing owner disputes and minimize the impact of any disagreement that may arise.

Even if you take care to establish legal protections and set expectations for your company, disputes can develop that those protections cannot answer. Having a plan for dispute resolution can help address the conflict through predetermined channels, helping to minimize the damage and resolve the issue as quickly as possible. However, if the situation escalates, you may find yourself making tough decisions to protect both your individual interests as well as your company.

Learn more about how our business law attorneys can help you establish a solid foundation before disputes arise.

Business disputes, if not resolved quickly, often pose a serious threat to your business. We recognize getting back to business is often the number one priority. Our attorneys help many businesses to resolve litigation successfully and quickly, but also provide our clients with the tools to avoid litigation in the first place.
Our experienced attorneys understand how to navigate the most complex business disputes and invest our time and resources in striving to maximize your recovery and win your case.

Mediation and Arbitration are typically referred to as an Alternative Dispute Resolution (ADR) method.

Carlile Patchen & Murphy LLP attorneys regularly use Alternative Dispute Resolution (ADR) mechanisms and techniques. Our firm routinely represents clients before the American Arbitration Association (AAA) and other ADR forums. Our attorneys also participate in court-mandated settlement conferences and privately arranged mediations. Many of our lawyers serve as court-appointed or privately hired mediators and arbitrators. The Federal District Court has commended several of our lawyers for mediation service. We use the ADR process to help clients who find themselves in disputes they want to resolve in ways other than through traditional litigation.