Bad Faith Federal Jury Trial
Lead trial counsel in a several week long Federal jury trial against a major insurance company for bad faith denial of coverage. Through the development and presentation of evidence revealing a bad faith scheme and plan by the carrier resulted in a favorable settlement reached to the benefit of the insured.
Insurance Coverage and Broker Malpractice
Recovered millions of dollars from the insurer of a small business arising from a fire that caused pollutants to flow into the public sewer system, and recovered an additional million from its insurance broker.
Bad faith and contract claims
Defeated motion for summary judgment against insurance carrier on bad faith and contract claims that forced a favorable settlement to the client on the eve of trial. This was achieved after obtaining crucial testimony in deposition of key representatives at the carrier.
Builder Insurance Bad Faith Claim
Successfully litigated multi-million dollar claim on behalf of a builder policyholder in Texas Federal Court.
General contractor- duty to defend litigation
A project owner sued Mr. Hultz’ general contractor client in a “bet the company” construction litigation. The general liability insurance carrier covering the project refused to defend and rejected all pre-litigation resolution efforts. Mr. Hultz filed suit against the insurer, quickly prevailed on a dispositive motion and obtained millions of dollars in damages and penalties from the insurer.
Insurance Bad Faith
Represented a large public company client in dozens of lawsuits initiated by a mammoth insurance company who was attempting to intimidate the client into walking away from significant policy benefits. We were able to turn the tide on the insurance company by weaving together from the evidence a compelling story of a pattern and practice of bad faith claims handling conduct. Once the insurer realized that we were going to able to tell a compelling story at trial, and the risk of huge punitive damage award was real, a favorable settlement was reached.
Successfully obtained excess insurer funding for settlement of a multi-million dollar personal injury claim on the eve of trial, avoiding the need for the client to participate in a distressing trial.
Master Developer- Insurance Review and Counseling
A Master Developer client asked Mr. Hultz to review the insurance program covering a massive residential construction project in Northern California. Mr. Hultz helped his client avoid catastrophic loss when he discovered major gaps in coverage that would have left his client completely exposed to several categories of potential liability. Mr. Hultz worked together with his client’s risk management team, negotiated with the involved insurer representatives and resolved the coverage problems before construction even commenced.
Product Manufacturer- resolved coverage and broker negligence disputes through pre-litigation negotiation
Mr. Hultz represented a family-owned product manufacturer whose factory was destroyed in a major chemical fire. The client faced certain bankruptcy when the Commercial General Liability and Pollution Legal Liability insurer denied coverage. Without the insurance coverage, the company could not have rebuilt its facilities, much less defend the myriad claims and lawsuits from neighboring businesses and property owners. However, through extensive negotiations and creative coverage solutions, Mr. Hultz convinced the insurance carrier to provide coverage. He also negotiated a substantial recovery from the involved insurance broker. Without ever stepping foot into court, Mr. Hultz quickly obtained millions of dollars in recoveries which allowed his client to rebuild its business and quickly restart operations.
Professional Liability Insurance Coverage Litigation
Litigated a multi-million dollar claim on behalf of a policyholder against a Professional Liability insurer, in Complex court and in the California Court of Appeal. Ultimately first-chaired the trial and mediated the claim to resolution.
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