The Benefit of Continuous Coverage Investigations
Hardiman & Carroll does not simply provide its clients with coverage recommendations and close its file. Ongoing investigation and discovery often results in tangible benefits to the carrier clients, including contributions from co-carriers and findings of non-coverage.
Lauren O’Brien undertook a coverage investigation for a carrier which issued manifestation trigger-of-coverage policies. At the time of tender, insufficient information existed to determine when the alleged damage first manifested. Therefore, the carrier accepted the defense of the named insured and the additional insured.
However, rather than leaving the client to incur continuing defense fees on two fronts, Lauren continued her investigation, digging through pleadings, government documents, and discovery for information concerning the damage asserted. Ultimately, Lauren discovered information confirming that damage first manifested long after expiration of the client’s policies.
After considering the evidence presented and Lauren’s recommendations, the carrier disclaimed coverage to the named insured and additional insured and withdrew from the defense of each entity. Thus, by allowing Hardiman & Carroll to undertake a continued investigation and provide updated recommendations, the carrier eventually saved tens of thousands of dollars in defense.