Joe Ramirez

Defended an energy company in a declaratory judgment suit where an insurance company moved for summary judgment on a question of law asking the court to declare that it did not owe our client a defense because the underlying case did not allege that their insured was liable. Our client, listed as an additional insured and indemnitee, argued that the plaintiff/employee could not assert a liability claim against its employer, but that did not preclude our client from arguing that the employer was at fault and thus triggering an obligation to defend.  The Court denied the insurance company’s motion for summary judgment.

Served as insurance coverage counsel in a litigation dispute. We provided a coverage opinion and advocated for primary and excess insurance coverage before mediation. We represented an orthopedic surgeon known for performing knee surgeries on professional athletes. The matter was settled at mediation.

Handled a construction defect case where the homeowner association alleged multiple property defects. The estimates on the claim expanded to include over $11 million. We had intense negotiations with the primary and excess insurers because they raised policy defenses alleging that repairs did not constitute property damage or that a general liability policy did not cover any damage resulting from design deficiencies. Through mediation, we were able to get the claim covered by insurance.

Represented a client defrauded by an organization in Mississippi that sold and stored commodities. Titles for commodities were sold to multiple entities. We provided insurance coverage advice relating to the claim for loss of goods insured under an ocean marine insurance policy. Our representation included insurance coverage review under a crime bond. 

Acting as personal counsel advising our client on its insurance coverage associated with antitrust claims brought against them. We have succeeded in getting the insurance company to provide a full defense and agree to retain their preferred anti-trust attorneys.

We were asked to assist with a construction defect claim and resulting insurance issues. We reviewed our clients insurance policy and discovered that they had a broad earth movement coverage, providing $50M in coverage. The insurance companies refused to cover the losses, prompting us to file suit in state court. Through discovery and motions practice, we obtained a $5.6M settlement, which reimbursed the out-of-pocket costs to our client.

Negotiated Coverage for Cyber-Related Defense Costs – A retail grocer defended, and succeeded in dismissing, a class action lawsuit claiming significant damages arising from an alleged data breach. Our client sought coverage for the litigation defense costs under the general liability policy. After the insurance company refused coverage, our client brought suit in Colorado District Court claiming the policy covered property damage including loss of use of property that had not been physically injured. The lead plaintiff had alleged that his credit card had been cancelled. The case was settled on terms favorable to our client.

Coverage Action Dismissed on Summary Judgment – Succeeded in dismissing on summary judgment a $3.2M coverage action against an insurance brokerage company by a trucking company claiming the broker failed to procure $8M in excess coverage over its entire trucking fleet. In response to the brokers denial of excess insurance coverage because the truck involved in an accident was not covered under the policy, the insured brought an action claiming negligence, breach of contract, fraud, concealment, misrepresentation, and punitive damages.