Our Practice Areas
Wade & Lowe is a full service firm dedicated to the evolving needs of the insurance industry. We are highly experienced professionals in all of the following areas. See more about what we can do for you.
Insurance Coverage and Litigation
Our Insurance Coverage and Litigation team has broad legal and practical experience representing insurance companies in all aspects of liability insurance coverage and litigation, under automobile, personal lines, commercial lines, errors and omissions, workers compensation and other types of policies. Our services in this dynamic area include:
We have authored tens of thousands of legal opinions on issues of insurance coverage, duties to defend and/or indemnify, express indemnity obligations, contribution and apportionment, primary and excess coverage,, and related topics.
Declaratory Relief Actions
We have prosecuted and defended well over 1,000 declaratory relief actions to resolve coverage issues under all types of liability policies, and represented insurers in scores of coverage trials, as well as writs and appeals on important insurance coverage issues.
We have monitored hundreds of underlying trials, providing invaluable daily updates and evaluations of the evidence and testimony, and our advice following judgment as to our clients’ indemnity obligations, if any.
Cumis Fee Disputes
We provide advice to our clients regarding disputes with Cumis counsel, review and provide recommendations for payment of disputed Cumis defense fees, and represent our clients in Civil Code section 2860 hourly rate arbitrations.
Mediations and M.S.C.’s
We have attended countless mediations and mandatory settlement conferences to raise and argue coverage issues so that cases are resolved for the value of potentially covered damages.
We have handled the defense of numerous uninsured/underinsured motorist claims and arbitrations, with an appreciation of the first-party aspect of these types of claims.
Buss Recoupment Claims
We have successfully pursued and litigated many claims for reimbursement of defense costs attributable to the defense of non-covered claims.
Inter-Insurer Claims and Litigation
We have represented our clients in many disputes between carriers, such as contribution suits, disputes between primary and excess insurers, and indemnity claims. We have also assisted our clients with Arbitration Forums submissions and hearings.
We are often called upon by our clients to review and provide our input and recommendations concerning the content of, and specific language in, insurance policies and endorsements.
We keep up to date on all court decisions relating to insurance coverage, claims handling and bad faith, and prepare a yearly compendium of “Case Notes” summarizing the facts and holdings of each of these cases. These Case Notes are available to each of our clients.
Insurance Claims Handling
Every day, we provide invaluable advice to our clients about claim handling issues with which they may be confronted. Examples of this dynamic area of our practice include:
Policy Limit Demands
We counsel our clients on identifying and appropriately responding to policy limit demands, “set-up” letters, document and information requests, and associated items, in order to protect our clients from exposure in excess of their policy limits.
We assist in managing claims where multiple claimants are involved, negotiating consents from the insured to settlements with fewer than all claimants where appropriate, and managing expectations when policy limits are insufficient to cover all claims arising out of an incident.
Difficult Claimants and Insureds
Our firm is often retained as an intermediary between our clients and difficult, irrational or demanding claimants and insureds alike. We develop practical solutions for bringing these claims to a successful conclusion.
We are experts in all types of liens and how they should be correctly handled. We keep up to date on all statues and cases concerning liens, and we have authored an authoritative reference guide on the rules and proper handling of all types of liens in California. This guide is available to each of our clients.
Insurance Agency and Bad Faith
Our attorneys provide effective representation in combatting bad faith allegations which may arise during the handling of a claim, and litigate agency negligence and bad faith cases brought against insurance companies and agents in both state and federal courts. We are familiar with the particularly onerous discovery which is typically launched against the insurance industry in these cases. Our representation includes claims for:
- Alleged improper handling of first and third party claims
- Breach of contract
- Breach of implied covenant of good faith and fair dealing
- Fraud or misrepresentation by insurance company employees or agents
- Professional negligence of insurance agents
- Breach of fiduciary duty
- Unfair business practices
Our Insurance Fraud/S.I.U. team has extensive experience which can benefit any company’s fraud/S.I.U. department.
First, we are experts at conducting examinations under oath when your claim involves any NAIC fraud factors, or simply when an insured is not cooperating in providing information necessary for the adjustment of your claim. We conduct each examination under oath in a professional and non-adversarial manner, and provide our opinion and recommendations based on the information we obtain.
Second, our team regularly litigates suits in which the plaintiff has treated with a suspicious doctor or medical facility, has received unnecessary or excessive treatment, or where fraudulent use of CPT codes is suspected. We have developed effective strategies for litigating these types of cases, as well as exposing and helping to prove the existence of medical fraud.
Writs and Appeals
Our Appellate Law team has achieved much success in prosecuting and defending appeals involving important insurance and tort law issues. Our lawyers have demonstrated their written advocacy and oral argument skills in many notable insurance cases before the California Supreme Court, California Appellate Courts, and the Ninth Circuit Court of Appeals. We are careful in providing advice to our clients about selecting appropriate cases for appeal, and we nurture each stage of each appeal in order to achieve the desired result. Many appellate decisions for which our firm is responsible are listed in the handling attorney’s bio which can be found in Our Attorneys.