Payne & Fears LLP has built a solid reputation for counseling clients, resolving coverage disputes, enforcing coverage rights, and recovering insurance proceeds exclusively on behalf of policyholders throughout the nation.  

Our experienced attorneys have represented policyholders efficiently and successfully in a broad spectrum of matters, from complex litigation against more than 50 insurance companies to simple disputes between one policyholder and one insurer.

Our attorneys have collectively recovered tens of millions of dollars on behalf of policyholders from insurance companies and insurance brokers under numerous kinds of policies for a variety of different claims, including:

  • Intellectual property/business torts
  • Business interruption claims
  • Pollution liability exposure 
  • Construction defects 
  • Employment practices
  • First party property damage
  • Directors and officers liability
  • Professional liability
  • Reinsurance
  • Hospital liability

Payne & Fears LLP attorneys have significant experience representing policyholders in federal, state and appellate courts throughout the United States.  By working closely with our clients to determine their individual circumstances, we have successfully employed a broad range of dispute resolution techniques and forums including mediation, arbitration, mini-trials, jury trials, and other hybrid proceedings. Additionally, Payne & Fears LLP attorneys are committed to staying current about new developments in this ever-changing area of the law, allowing us to utilize creative arguments to maximize insurance benefits for our clients.

Recent Successes

2015

Judge Grants Dismissal of Insurers' Equitable Reimbursement Claim

Members of the Payne & Fears Insurance Group were written up in the May 2015 edition of the "Mealey's Litigation Report: California Insurance" when commercial general liability insurers failed to assert any claims for breach of the cooperation clause of the insurance agreement or for equitable reimbursement. A California federal magistrate judge granted a dismissal of claims against additional insureds regarding a defense in an underlying construction defects case in Travelers Property Casualty Company of America, et al. v. Centex...

Attorneys: J. Kelby Van Patten, Jared De Jong, Nathan A. Cazier

2015

Judge Dismisses Insurers' Breach of Contract Claim Against Insured as Moot

Members of the Payne & Fears Insurance Group were written up in the April 2015 edition of the "Mealey's Litigation Report: California Insurance" for a California federal judge dismissing an insurers' breach of contract claim against insureds regarding an insurance policy's potential coverage for an underlying construction defects case because the insureds are not pursuing coverage under that policy in Travelers Property Casualty Company of America, et al. v. Centex Homes, et al.

Attorneys: J. Kelby Van Patten, Jared De Jong

2014

Convinced an Insurance Carrier to Provide Our Client with Independent Counsel in an Employment and Business Dispute, Resulting in Securing Reimbursement for Over $1 Million in Defense Costs

Convinced an insurance carrier to provide our client, a large public-works contractor, with independent counsel in an employment and business dispute involving a former company executive. This settlement had the effect of securing reimbursement for over $1 Million dollars in defense costs that our client had previously spent defending the matter through the defense counsel of its choosing.

Attorneys: J. Kelby Van Patten, Jared De Jong, Scott S. Thomas

2014

$13 Million Recovered From Direct and Additional-Insured Carriers for a Major Homebuilder in Reimbursement of Costs Incurred to Defend and Settle a High-Exposure Construction Defect Lawsuit

Recovered more than $13 Million from a group of direct and additional-insured carriers for a major homebuilder in reimbursement of costs incurred to defend and settle a high-exposure construction defect lawsuit and, in the process, made new law regarding what constitutes “property damage” caused by an “occurrence” under a CGL policy, limiting the “fair debatability” doctrine as a bad faith defense, and confirming the admissibility of an insurer’s handling of other claims as evidence of its bad faith.

Attorneys: J. Kelby Van Patten, Scott S. Thomas

2014

Recovered Over $2.5 Million in Defense Costs for a Large Residential Homebuilder Named in a High-Exposure Construction Defect Lawsuit

Recovered over $2.5 Million in defense costs for our client, a large residential homebuilder, who was named as a defendant in a high-exposure construction defect lawsuit. By utilizing our connections within the insurance industry and by employing creative legal strategies that included early case evaluation and mediation, Payne & Fears LLP was able to recover this entire amount without filing a lawsuit.

Attorneys: Jared De Jong, Nathan A. Cazier , Scott S. Thomas