Policyholder v. Wrongfully Disclaiming Carrier
Hardiman & Carroll will vigorously pursue carriers that wrongly deny policy benefits to an insured. Take the case of Bob Wallace, who worked his tail off for decades as a sheet metal fabricator.
Mr. Wallace was concerned about safety at each of his projects and implemented an active safety program. That program included the purchase of liability insurance to protect the public, his company and its workers. Bob was proud of his safety record and did all he could to maintain it.
Bob’s company was hired to install sheet metal at a multi-story office building. While most workers were at lunch, the employee of another contractor was delivering heavy materials to the fourth floor of the unfinished, essentially open building. The worker fell several feet, sustaining serious life-threatening injuries.
Although Bob and his crew were at lunch, Bob’s company was blamed. Bob turned to his insurance company for the protection he had paid substantial premiums for each year. Unfortunately, the carrier, without performing much of an investigation, told Bob he was on his own – coverage denied. Bob realized he faced losing the company he had worked years to build, as the claims of the injured worker had a value of several hundreds of thousands of dollars, enough to bankrupt him.
Facing financial ruin, Bob turned to Hardiman & Carroll for advice. Michael Hardiman chased the insurance company for more than two years, defeating every conceivable motion filed by the carrier. Michael established that the carrier failed to investigate the basis for coverage, failed to adhere to its own internal guidelines and failed to provide the coverage for which Bob had paid.
On the eve of trial, the case was settled for a confidential seven-figure amount. Bob and his company were saved, and Bob was able to return to the business of construction.