Why Choose Callahan & Blaine For Your Insurance Litigation Case?
Callahan & Blaine’s successes and accomplishments in the area of insurance litigation include the following:
- Since the 1980s, Callahan & Blaine has obtained numerous precedent-setting appellate court victories which greatly expanded the availability of insurance coverage for policyholders, both corporate and individual. For example, in the 1995 opinion entitled Sentex v. Hartford, Callahan & Blaine successfully obtained insurance coverage for trade secret misappropriation claims. Likewise, Callahan & Blaine has obtained many successful appellate victories for the expansion of advertising injury coverage to include intellectual property disputes, including several court opinions which found that patent infringement was covered by advertising injury coverage.
- Callahan & Blaine has obtained over $1 billion in benefits for its corporate and individual policyholders during the last 20 years alone.
- Callahan & Blaine has successfully handled over 1,000 insurance bad faith lawsuits and disputes, including many seven-figure verdicts and settlements. In one case, Callahan & Blaine represented a Homeowners Association and obtained a settlement of over $8 million on behalf of the HOA and its homeowners.
- Callahan & Blaine frequently represents corporations and companies who are defendants in complex litigation disputes, including intellectual property claims, unfair competition, trade secret claims, and numerous other litigation scenarios. Callahan & Blaine is able to use its insurance expertise to maximize the insurance coverage available to its corporate clients and obtain millions of dollars of insurance benefits, including successfully resolving the underlying business disputes using insurance company money.
Callahan & Blaine has a wide expertise in insurance coverage and bad faith litigation covering the full spectrum of insurance law. In addition to representing policyholders – both corporate and individual – Callahan & Blaine also has extensive experience in the representation of insurance professionals, including agents, brokers, and insurance companies in disputes within the insurance industry, including litigation with reinsurers, excess insurers, and the Department of Insurance. Callahan & Blaine’s Orange County insurance lawyers are also frequently called upon to render expert witness advice in litigation. Callahan & Blaine also has over 30 years of experience in settling and mediating disputes, whether business or insurance-related disputes. Callahan & Blaine attorneys have successfully settled hundreds of cases because they understand that insurance settles cases.
Expert Insurance Law Attorneys in Orange County, CA
At Callahan & Blaine, our experience with insurance litigation helps our clients in many ways. In accident cases, we know how to locate and reach the coverage that can turn your proof of damages into an actual financial recovery. When a business client needs to defend a tort or contract claim, we not only work toward realizing the full benefit of your liability coverage, we also know how to pursue cross-claims, counterclaims, and indemnification actions.
Edward Susolik and Daniel J. Callahan lead the insurance litigation practice at Callahan & Blaine. Mr. Susolik, an Adjunct Professor at the University of Southern California School of Law, teaches classes on insurance law and serves as an editor on the Rutter Group Guide to Insurance Litigation, the leading treatise on insurance law in California. Mr. Callahan was named one of the Top 10 Attorneys in the United States by the National Law Journal and is recognized as one of America’s preeminent trial lawyers on insurance coverage issues.
How Can an Orange County, CA Insurance Lawyer Help?
Contact our office in Santa Ana to discuss your situation with a lawyer who understands insurance law. We’re a litigation firm with a national reputation for pursuing and winning complex cases worth millions or hundreds of millions. Because the ultimate value of a settlement or verdict depends entirely on your ability to collect it, it’s essential to establish an insurer’s obligation to cover a claim.
Our ability to accurately analyze the insurance dimensions of any case we handle protects the value of plaintiffs’ claims and the ability of defendants to litigate effectively.
In many cases, our client is pursuing and defending claims in the same civil action. Our ability to create avenues of insurance coverage on all contested issues represents a major strength of our practice and a crucial benefit for our clients.
Insurance Litigation Claims Our Attorneys Handle
Callahan & Blaine’s insurance litigation lawyers in Orange County reflect our understanding of insurance law as it affects the interests of business and consumer clients. We handle:
- Bad faith insurance claims
- Litigation of insurance disputes
- First-party loss claims
- Third-party liability claims
- Property damage claims
- Coverage issues under personal policies: life insurance, disability insurance, or medical insurance
- Holding the insurer to its duty to defend third-party claims
- Cumis counsel engagements when the interests of the insurer and the insured come into conflict
- Claims under professional liability policies or errors and omissions coverage
- Claims under directors and officers liability insurance policies
- Disputes over cancellation or rescission
- Advice for insurance brokers and agencies in civil actions or California regulatory proceedings
- Mediation and settlement of insurance disputes
- Coverage issues when multiple insurers are on the risk
- Bad faith insurance disputes, including wrongful failure to settle covered claims
We help clients get the coverage they need when they need it in a wide range of first-party and third-party scenarios: business torts involving unfair competition, advertising injury or trade secrets claims; disparagement or business interference claims; professional liability claims; breach of fiduciary duty claims; business interruption claims; construction defects; liability claims under homeowners policies and even fire, flood and earthquake claims.
Our clients range from individuals, closely-held businesses, and professional practice groups to Fortune 500 corporations. We also represent insurance professionals from agents to risk managers on matters ranging from business formation and regulatory compliance to complex coverage and reinsurance problems.
Speak With An Insurance Litigation Attorney In Orange County, CA Today
Callahan & Blaine represents corporate, small business, professional, and individual clients in complex litigation and insurance disputes in Orange County and Southern California. To learn more about how you can benefit from our ability to integrate sophisticated analysis of insurance coverage issues with superior trial skills, contact Callahan & Blaine at our office in Santa Ana, Orange County, California.
Related Posts:
Frequently Asked Questions
What Is Insurance Litigation?
Insurance litigation refers to legal disputes between policyholders and insurance companies when claims are denied, underpaid, or delayed. This specialized area of law involves holding insurance companies accountable when they fail to honor their contractual obligations to policyholders. An insurance litigation attorney represents clients in court or settlement negotiations against insurance carriers who act in bad faith. These cases can involve homeowners insurance, auto insurance, commercial property insurance, or business insurance policies. At Callahan & Blaine, our insurance litigation attorneys have decades of experience fighting for policyholders’ rights and recovering the full compensation you deserve under your insurance policy.
What Should I Do If My Property Damage Claim Is Denied?
If your property damage claim is denied, immediately request a written explanation from your insurance company detailing the specific policy provisions they’re citing for the denial. Review your insurance policy carefully to understand your coverage, then gather all documentation including photos, repair estimates, police reports, and correspondence with the insurer. Contact a property damage attorney within 30 days of the denial, as California has strict deadlines for challenging insurance denials. Many denials are improper and can be overturned with proper legal representation. Our property damage lawyers at Callahan & Blaine have recovered millions for clients with denied claims. We’ll review your policy, investigate the denial, and fight to get you the full compensation you’re entitled to receive. Don’t accept a denial without getting a second opinion from an experienced insurance litigation attorney.
What Is Bad Faith Insurance and How Do I Prove It?
Bad faith insurance occurs when an insurance company unreasonably denies, delays, or underpays a legitimate claim in violation of their duty to act fairly with policyholders. To prove bad faith, you must demonstrate that your claim was valid under the policy terms and that the insurance company acted unreasonably in handling it. Common examples include denying claims without proper investigation, misrepresenting policy language, failing to communicate, offering unreasonably low settlements, or delaying payment without justification. California law requires insurance companies to investigate claims promptly, communicate clearly, and pay valid claims in a timely manner. Our bad faith insurance attorneys document every instance of misconduct and build compelling cases. We’ve successfully recovered policy limits plus punitive damages for clients who suffered bad faith treatment from their insurers.
What Types of Insurance Claims Do You Handle?
We handle all types of insurance litigation including homeowners insurance claims, commercial property damage, fire damage claims, water damage claims, earthquake damage, business interruption claims, auto property damage, theft and vandalism claims, storm damage, and mold damage claims. Our insurance coverage attorneys also handle disputes involving life insurance, disability insurance, health insurance denials, and professional liability insurance. Whether you’re dealing with State Farm, Allstate, Farmers, USAA, Liberty Mutual, or any other carrier, we have experience fighting all major insurance companies. We represent both individuals and businesses in insurance disputes of all sizes. If your insurance company denied, delayed, or underpaid your claim, we can help regardless of the claim type or policy involved.
How Long Do I Have to File an Insurance Lawsuit in California?
In California, you typically have four years from the date of breach to file a lawsuit for breach of contract against an insurance company, and two years for bad faith or fraud claims. However, some policies contain shorter notice requirements—you may need to file suit within one year of the denial depending on your policy terms. It’s critical to contact an insurance attorney immediately after a claim denial because gathering evidence, investigating your claim, and preparing your case takes time. Missing these deadlines means losing your right to sue permanently. Don’t wait until the last minute—insurance companies often delay intentionally hoping you’ll miss your deadline. Our attorneys will review your policy’s specific limitations period and ensure all deadlines are met while building the strongest possible case for your recovery.
What Is Stacked vs Unstacked Uninsured Motorist Coverage?
Stacked uninsured motorist coverage allows you to combine (or “stack”) the UM coverage limits from multiple vehicles on your policy, potentially increasing your available compensation after an accident with an uninsured driver. Unstacked coverage limits your recovery to the per-vehicle limit regardless of how many vehicles you insure. For example, if you have two cars with $100,000 UM coverage each, stacked coverage gives you $200,000 in protection, while unstacked limits you to $100,000. Stacked insurance typically costs 10-20% more in premiums but can be worth it if you’re seriously injured by an uninsured motorist. California allows stacking in certain circumstances, but insurance companies often improperly deny stacked claims. If your insurer refuses to honor your stacked UM coverage, contact our insurance coverage attorneys to enforce your policy rights and maximize your recovery.
Can I Sue My Insurance Company for Denying My Homeowners Claim?
Yes, you can sue your insurance company for denying your homeowners claim if the denial was improper or made in bad faith. Insurance companies must have valid policy-based reasons for denying coverage, conduct reasonable investigations, and act fairly with policyholders. If they deny your claim without proper justification, fail to investigate adequately, or misrepresent your policy’s coverage, you have grounds for a lawsuit. You may be entitled to recover not just the policy benefits owed but also consequential damages, attorney’s fees, emotional distress damages, and potentially punitive damages if the insurer’s conduct was especially egregious. Our homeowners insurance attorneys have successfully sued major carriers and recovered millions for clients with denied claims. We’ll review your denial letter, investigate the facts, and determine whether you have a viable case.
What Happens If I'm in a Car Accident on Private Property?
Car accidents on private property are generally still covered by auto insurance, though liability determination can be more complex than accidents on public roads. Your collision coverage should pay for vehicle damage regardless of where the accident occurred, and liability coverage applies if you’re at fault for injuring someone on private property. However, insurance companies sometimes improperly deny private property accident claims, arguing that standard traffic laws don’t apply or that the property owner should be liable instead. California law protects drivers in private property accidents, and these claims should be processed normally by insurers. If your carrier denies your private property accident claim, contact our auto property damage lawyers immediately. We’ve successfully overturned many improper denials and recovered full compensation for clients injured or whose vehicles were damaged in parking lot accidents, driveway incidents, and other private property crashes.
Do I Need a Lawyer for My Insurance Claim?
While not required for every claim, hiring an insurance attorney significantly increases your odds of full recovery, especially for denied claims, underpaid claims, or claims exceeding $50,000. Insurance companies employ teams of lawyers and adjusters whose job is to minimize payouts—having your own attorney levels the playing field. Statistics show represented claimants receive settlements 40-60% higher than unrepresented claimants. An attorney handles all communication with the insurer, gathers necessary evidence, negotiates aggressively, and files a lawsuit if necessary. You need a lawyer if your claim was denied, the settlement offer seems too low, the insurance company requests a recorded statement, disputes liability, or pressures you to settle quickly.
What Is the Difference Between Property Damage and Personal Injury Claims?
Property damage claims seek compensation for physical damage to real estate, vehicles, or personal belongings, while personal injury claims seek compensation for bodily harm, medical expenses, lost wages, and pain and suffering. Property damage is typically easier to quantify with repair estimates and replacement costs, whereas personal injury involves subjective elements like future medical needs and loss of quality of life. Insurance policies have separate coverage limits for property damage and bodily injury—a single accident may trigger both types of claims simultaneously. Most property damage claims settle faster than injury claims because damages are more straightforward to calculate. However, property damage disputes can involve complex issues like diminished value, code upgrades, and business interruption losses. Our property damage attorneys focus exclusively on recovering compensation for physical damage to property, while our personal injury team handles bodily injury cases.
Can My Insurance Company Raise My Rates After I File a Claim?
Yes, insurance companies can raise your rates after filing a claim, though California law restricts rate increases for certain claim types. Comprehensive claims (theft, vandalism, weather damage) and not-at-fault accident claims generally shouldn’t trigger rate increases, but at-fault accidents and frequent claims often do. Rate increases typically range from 10-40% and last three to five years. Some insurers may non-renew your policy instead of raising rates, forcing you to find coverage elsewhere. However, rate increases don’t justify accepting a lowball settlement or not filing a legitimate claim—the potential rate hike is often far less than your uncovered losses. Our attorneys advise clients on whether to file through insurance or pursue alternative recovery methods. If your insurer improperly threatens rate increases to discourage you from filing a claim you’re entitled to make, that may constitute bad faith and create additional liability for the carrier.
What Information Do I Need to File a Property Damage Claim?
To file a property damage claim, you need your insurance policy number, date and time of loss, detailed description of how the damage occurred, contact information for all involved parties, police report number (if applicable), and documentation of the damage including photos and videos. Gather repair estimates from licensed contractors, receipts for emergency repairs, proof of property ownership, and an inventory of damaged items with purchase dates and values. For vehicle damage, include VIN, registration, and photos of all damage. Take photos immediately before making any repairs (except emergency repairs to prevent further damage), and document the scene showing weather conditions, surrounding area, and any contributing factors. Keep detailed records of all expenses incurred due to the damage. The more documentation you provide upfront, the faster your claim should process. However, don’t give recorded statements without contacting an attorney, as insurers use these statements to deny or reduce claims.
What Are Common Reasons Insurance Companies Deny Claims?
Insurance companies commonly deny claims citing lack of coverage under the policy, policyholder’s failure to pay premiums, late reporting of the claim, damage occurring before policy inception, intentional acts, fraud or misrepresentation on the application, failure to maintain property, wear and tear exclusions, and earthquake or flood damage without specific coverage. Other common denial reasons include “acts of God,” civil unrest, business-related losses under homeowners policies, and pre-existing damage. Many of these denials are improper—insurance companies often misinterpret policy language or fail to investigate thoroughly before denying claims. For example, they may claim damage was caused by “wear and tear” without proper evidence, or deny water damage claims by mischaracterizing the cause of loss. Our insurance litigation attorneys scrutinize every denial to determine if it’s legitimate. We’ve overturned countless improper denials and recovered full policy benefits plus bad faith damages for wrongfully denied claims.
How Do I Appeal a Denied Insurance Claim?
To appeal a denied claim, first request a written explanation of the denial with specific policy provisions cited, then carefully review your insurance policy and the denial letter to understand their reasoning. Gather additional evidence supporting your claim including expert reports, additional photos, repair estimates, and witness statements contradicting the insurer’s position. Write a formal appeal letter addressing each reason for denial, citing policy language supporting coverage, and attaching all supporting documentation. Submit your appeal via certified mail and keep copies of everything. California insurance regulations require insurers to reconsider appeals, but companies often uphold initial denials. If your appeal is denied, immediately contact an insurance litigation attorney—you have limited time to file a lawsuit. Our attorneys handle the entire appeals process and have a strong track record of overturning denials through negotiation or litigation. Don’t navigate this complex process alone when insurance company lawyers are fighting against you.
What Damages Can I Recover in an Insurance Lawsuit?
In an insurance lawsuit, you can recover the policy benefits owed (the amount of your claim), plus consequential damages you suffered due to the wrongful denial such as additional living expenses, lost business income, and storage costs. If the insurer acted in bad faith, you may also recover emotional distress damages, attorney’s fees, and punitive damages designed to punish the insurer for egregious conduct. Punitive damages in bad faith cases can exceed the policy limits by 10-20 times in severe cases. You can also recover pre-judgment and post-judgment interest at California’s legal rate. The specific damages available depend on your case type—breach of contract claims allow contract damages, while bad faith tort claims allow broader damages including emotional distress and punitive awards. Our insurance attorneys thoroughly evaluate your case to identify all potential damages and fight to maximize your total recovery, not just the policy limits.
How Long Does an Insurance Lawsuit Take?
Insurance lawsuits typically take 12-24 months from filing to resolution, though simple cases may settle within 6 months and complex cases can extend beyond 3 years. The timeline depends on case complexity, court schedules, discovery disputes, and settlement negotiations. After filing the lawsuit, expect 6-9 months of discovery where both sides exchange documents and take depositions. Many cases settle during or after mediation, which typically occurs 9-12 months after filing. If settlement fails, trial preparation takes an additional 3-6 months, and trials last anywhere from a few days to several weeks. Appeals can add another 1-2 years. However, the threat of litigation often motivates insurance companies to settle earlier with favorable terms. Our attorneys work efficiently to move cases forward while thoroughly preparing for trial. We update clients regularly and pursue the fastest resolution that achieves full compensation for your losses.
What Is the Litigation Privilege and How Does It Affect My Case?
The litigation privilege is a California legal doctrine that absolutely protects statements made during judicial proceedings from defamation lawsuits, even if false or malicious. This privilege applies to testimony, court filings, demand letters, and other communications made in connection with a lawsuit or anticipated litigation. The privilege protects attorneys, parties, and witnesses, encouraging full and frank participation in the legal process without fear of subsequent lawsuits. However, the litigation privilege doesn’t prevent you from suing for insurance bad faith—it only bars defamation claims based on statements made during litigation. Insurance companies sometimes misuse the litigation privilege as a defense in bad faith cases, but California courts have clarified it doesn’t shield insurers from liability for wrongfully denying claims or other bad faith conduct. Our insurance litigation attorneys understand the scope and limits of litigation privilege and know how to overcome this defense when insurance companies improperly raise it.
