With respect to claims made against an insured, your liability carrier may deny coverage for your defense and/or indemnification for the damages asserted. Unless a declaratory judgment action is filed against your carrier you may be exposed to significant liability for the damages asserted against you, and you will also bear the cost of your own defense. By filing a declaratory judgment action, you may be able to force your insurance company to at least pay for the cost of your defense, and contribute towards a settlement of the underlying action, even if it is ultimately determined that you are not entitled to full indemnification for the claims. However, our goal is to succeed in proving that coverage should be afforded in its entirety, which we have successfully accomplished time and again.
At the Aboulafia Law Firm, not only can we file suit against your carrier for coverage for the claims asserted against you, but we can also defend you in the underlying action at the same time. Having one firm represent your interests in both lawsuits makes strategical sense as all knowledge and information is consolidated in one place. It also saves on the cost of legal fees because there is no need for one firm to maintain constant contact with the other.