Coverage Opinions & Coverage Litigation

The coverage section is an integral element of our practice at Touchstone Bernays. Our lawyers have been actively involved in insurance contract interpretation and litigation for several decades.  The basic tenets of our successful coverage team are their attention to detail, finely honed research skills, and exceptional writing skills.

We advise insurance companies on coverage matters arising under the full spectrum of insurance policies, including:

  • Commercial general liability
  • Commercial business auto
  • Personal auto
  • Homeowners
  • Homeowners’  associations
  • Non-profit professional liability
  • Directors and officers’ liability
  • Employment practice liability
  • Employers’ indemnity
  • Specialty risk
  • Excess and umbrella


Our experience includes drafting opinions on a wide variety of insurance issues, including duty to defend, duty to indemnify, occurrence, property damage, business risk exclusions, punitive damages, additional insureds, contractual indemnity, personal and advertising injury, extra-contractual obligations, bad faith, Stowers, ERISA, UM/UIM, stacking, offsets, permissive use, and consent to sue.

Insurance companies also turn to Touchstone for representation in the prosecution and defense of litigated insurance disputes between insurers, policyholders and carriers. Companies who have been subjected to suit or need a declaratory judgment action filed know that our lawyers’ vast coverage experience combined with Touchstone’s excellent courtroom background translates to an expertly planned and vigorous defense/prosecution.

We are proud of our lengthy track record of successes.   One recent example is Frito-Lay, Inc. v. Trinity Universal Insurance Company, Trinity Universal Insurance Companies, Trinity Lloyds Insurance Company, and Unitrin Property and Casualty Insurance Group, No. 05-08-01263-CV, 2010 WL 4705526 (November 22, 2010).  Our outstanding lawyers provided our clients with assistance from the initial coverage opinion to granting of summary judgments in our favor to affirmation of the trial court’s judgment by the court of appeals.

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