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:
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.
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.
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.
Recovered over $5 Million in defense costs for our client, a large residential homebuilder, who was named as a defendant in two high-exposure construction defect lawsuits. Because the amount recovered included the attorney’s fees that our client paid our firm to secure funding from the insurance carriers, our client did not come out of pocket to defend itself against the construction defect action or hire Payne & Fears LLP to pursue insurance coverage.
Payne & Fears LLP won an important victory for its homebuilder client in an insurance coverage dispute when a federal district court rejected the insurer's attempt to control a construction defect lawsuit after the insurer reversed its coverage denial.
In Travelers v. Centex II, Travelers filed suit against Centex in the Northern District of California, seeking a judicial declaration that it was entitled to control Centex's defense of several construction defect lawsuits, including two cases where Travelers had...
Attorneys: J. Kelby Van Patten
Payne & Fears LLP recently succeeded in securing the recovery from its liability insurer of $1,500,000 in defense costs incurred by the client after its commercial general liability insurer denied coverage and refused to defend several putative class-action lawsuits seeking damages, disgorgement of profits and injunctive relief related to insured's alleged illegal marketing of alcoholic beverages to underage consumers.
Attorneys: Scott S. Thomas