The Helbraun Law Firm’s insurance practice emphasizes insurance coverage and bad faith litigation, and our attorneys have extensive experience in providing advice and counseling on various insurance coverage matters. Our insurance litigation practice includes the representation of clients in declaratory judgment and contract litigation in both first-party and third-party settings, involving a wide range of insurance policies.
Insurance policies can cover a wide variety of circumstances, including one’s home, business, motor vehicles, real estate, and professional liability exposures. Often issues and disputes arise concerning what is actually covered, and what is not, based upon the detailed policy exclusions, endorsements, and general coverage grant. While insurance disputes are often settled out of court, there are many circumstances where the parties cannot reach agreement, and litigation must be pursued to protect and enforce rights under a policy.
Our tort litigation practice also extends to issues of slander, defamation, right of privacy, malicious prosecution, and responding to “SLAPP” suits (“Strategic Lawsuits Against Public Participation”), which are suits targeting defendants whose statements or writings interfere with or criticize the plaintiff.
California has a strong “anti-SLAPP” law, codified at California Code of Civil Procedure Section 425.16. The California anti-SLAPP law allows the defendant to file a special motion to dismiss the complaint, generally to be heard within 30 days, while pausing all other lawsuit activity until the motion is decided. The court should grant the motion if the defendant’s challenged speech falls within the areas of free speech described by the anti-SLAPP statute – speech in connection with an issue of public concern, or arising during a legislative or judicial proceeding, for instance – and if the plaintiff fails to present evidence establishing a likelihood of success on the particular legal claim they have alleged.
As in all our practice areas, the Helbraun Law Firm concentrates on efficiently but aggressively representing clients through every step of the litigation process. We tackle the possibilities of alternative dispute resolution from the earliest stages, but remain prepared to try cases when necessary and appropriate.
The firm’s primary focus in representing its clients is at the trial level. However, the firm also handles appellate work, and our attorneys have engaged in insurance coverage and subrogation trial and appellate work throughout their careers. Our attorneys also have experience in obtaining recoveries on behalf of insurers undergoing rehabilitation.