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

Mar 10

Payne & Fears Secures Win in New Jersey Appellate Court

Payne & Fears obtained a major victory in the Travelers insurance collection litigation in a decision released by the New Jersey Appellate Division on March 10, 2017. The appellate court completely reversed a 2015 trial court dismissal of claims by former shareholders of Clarendon Insurance Group in their attempt to collect a $92 million Bermuda judgment. The court rejected the insurers' arguments that the shareholders were bound by a default rescission judgment Travelers had obtained in Bermuda in an attempt to avoid paying the...

Attorneys: C. Darryl Cordero, Jared De Jong, Scott O. Luskin

2016

Payne & Fears Recovers 100% of Costs in High-Exposure Construction Defect Lawsuit

Irvine office partner Scott S. Thomas, and associate Sarah J. Odia of the Las Vegas office, recovered more than $2 million dollars from a group of additional-insured carriers for a major home builder in reimbursement of costs incurred to defend a high-exposure construction defect lawsuit, plus 100% of Payne & Fears LLP's costs incurred pursuing the litigation. By utilizing their connections within the insurance industry, and by employing creative legal strategies - including early case evaluation and mediation - Payne & Fears LLP...

Attorneys: Sarah J. Odia, Scott S. Thomas

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