Many insurance claims require a prompt and objective review of coverage issues. The critical factor in any coverage claim is the interpretation of the applicable policy. The insurance coverage attorneys at Lewis Wagner can assist you in interpreting that policy and analyzing the validity of first and third party insurance coverage issues.

Our insurance coverage attorneys provide practical solutions to complex insurance disputes involving self-insured parties, businesses and insurance companies. Our team of insurance coverage attorneys has advised individuals and businesses about insurance coverage issues including insurance policy coverage opinions, declaratory judgments on policy coverage and defense of insurers against breach of contract and bad faith claims.

We handle insurance coverage disputes and defend declaratory judgment and bad faith actions with respect to:

  • Commercial and construction liability insurance
  • Personal and commercial auto insurance
  • Homeowner insurance
  • Life, health, and disability insurance
  • Environmental insurance
  • “Claims made” and professional liability insurance
  • Duties to additional insureds and certificate holders
  • Property insurance
  • Product liability insurance
  • Business interruption insurance

Attorneys

Recent News and Upcoming Events

      Press Releases

    1. Jul 02, 2014

      DRI And the Defense Wins Indiana Supreme Court sides with insurance industry on how language should be interpreted
      DRI And the Defense Wins

    2. Apr 30, 2014

      And The Defense Wins published by DRI: John C. Trimble and Robert M. Baker IV, recently obtained a verdict for the defense in Allen Superior Court in Fort Wayne, Indiana.

    3. Mar 19, 2014

      DRI And the Defense Wins: Marion County Superior Court Judge ruled that the Indiana State Fair Commission is not responsible for indemnifying or defending stage company.

      Legal Updates

    1. Feb 11, 2021

      Court of Appeals Determines Insured Owes Indemnity/Insurance Coverage Despite Having Self-Insured Retention on Insurance Policy

    2. Feb 11, 2021

      Court of Appeals Determines Insured Owes Indemnity/Insurance Coverage Despite Having Self-Insured Retention on Insurance Policy

    3. Oct 16, 2020

      Indiana Supreme Court Holds That UIM Insurer's Right to Offset Payments by "Legally Responsible" Parties Does Not Include Payments by Other UIM Insurers

    4. Sep 29, 2020

      Indiana Court of Appeals Affirms That Insurers Are Not Required to Offer UIM Coverage to Insured Acquiring Umbrella Policies

    5. Aug 26, 2020

      Indiana Court of Appeals Finds That Scooter Operator Was Not Entitled to Underinsured Motorist Coverage

    6. Jul 21, 2020

      Seventh Circuit Holds That "Known Claim" and "Intended or Expected Injury" Exclusions Bar Coverage for $50.56 Million Judgment Against Insured

    7. Jun 18, 2020

      Indiana Court of Appeals Determines That Liability Insurer Is Not Responsible for Alleged Malpractice of Defense Attorney Hired to Defend Its Insured

    8. Apr 06, 2020

      Court of Appeals Holds That Insured's Medical Lien Does Not Reduce Liability Limit of Tortfeasor's Policy for Determining Whether Tortfeasor is Underinsured

    9. Feb 24, 2020

      Indiana Court of Appeals Holds That Insurer Owes Duty of Good Faith to Non-policyholder Insured

    10. Jan 31, 2020

      Insurer Exposed to Potential Liability Above Policy Limits for Failing to Notify Claimant of Interpleader Action

    11. Nov 08, 2019

      Indiana Court of Appeals Finds Issue of Fact Over Whether School's Insurer Actions Estopped School From Asserting Plaintiff's Failure to Provide Tort Claims Notice Defense

    12. Oct 09, 2019

      Indiana Court of Appeals Finds That Liability Insurer's Interest In Underlying Litigation Was Insufficient To Allow It To Participate To Avoid Effects on Future Litigation

    13. Oct 04, 2019

      Indiana Court of Appeals Holds That Anti-Stacking and Offset Clauses Barred Insured's Recovery Under Auto Policy

    14. Aug 16, 2019

      Indiana Court of Appeals Determines That Insurer's Insurance Quote Language Was Sufficient To Permit Insured's Fraud Claim Seeking Coverage For Computer Hacker Loss

    15. Jun 28, 2019

      Court of Appeals Enforces Liability Exclusion for Claim by Minor Child in the "Care" of Named Insured

    16. May 02, 2019

      Indiana Court of Appeals Permits Named Insured Under Commercial Auto Policy to Purchase UIM Limits That Were Less Than Liability Limits

    17. Jan 25, 2019

      Indiana Court of Appeals Holds That Landlord's Insurer Could Not Pursue Subrogation Claim Against Tenant for Damage to Leased Property

    18. Jan 25, 2019

      Insurance Law Alert: INDIANA COURT OF APPEALS HOLDS THAT LANDLORD'S INSURER COULD NOT PURSUE SUBROGATION CLAIM AGAINST TENANT FOR DAMAGE TO LEASED PROPERTY

    19. Jan 09, 2019

      Insurance Law Alert: A FEDERAL COURT IN CALIFORNIA ADDRESSES WHETHER COVERAGE IS AVAILABLE TO DRONE OPERATOR AFTER IT STRIKES WEDDING ATTENDEE

    20. Dec 19, 2018

      Insurance Law Alert: SEVENTH CIRCUIT COURT OF APPEALS DETERMINES THAT TV SATELLITE PROVIDER LAWSUIT AGAINST INSURED THAT DID NOT PAY PROPER SUBSCRIPTION RATE WAS NOT COVERED AS A DEFAMATION CLAIM

    21. Dec 19, 2018

      Seventh Circuit Court of Appeals Determines That TV Satellite Provider Lawsuit Against Insured That Did Not Pay Proper Subscription Rate Was Not Covered as a Defamation Claim

    22. Nov 27, 2018

      Court of Appeals Affirms Evidentiary Privilege Protection of Insured-Insurer in Bad Faith Litigation

    23. Nov 20, 2018

      Florida Supreme Court Reinstates Bad Faith Verdict Against Insurer Despite Its Offer of Insured Policy Limits Within Nine (9) Days of Accident

    24. Nov 14, 2018

      Indiana Court of Appeals Holds That Insured's Two Wrongs Were One "Occurence"

    25. Nov 09, 2018

      Federal District Court Addresses Whether Liability Insurance Coverage Existed for College Student's Sexual Assault Claims Against Fellow Student

    26. Oct 19, 2018

      Indiana Court of Appeals Determines That Named Insured Cannot Recover Uninsured Motorist Coverage While Riding as a Passenger in His Own Vehicle

    27. Aug 13, 2018

      Court of Appeals Determines That Insurance Agent Lacked Legal Duty to Motorist Injured in Automobile Accident With Customer Who Sought Insurance Coverage From the Agent

    28. Aug 13, 2018

      Court of Appeals Determines That Insurance Agent Lacked Legal Duty to Motorist Injured in Automobile Accident With Customer Who Sought Insurance Coverage From the Agent

    29. Mar 23, 2018

      INDIANA COURT OF APPEALS REMANDS CASE FOR TRIAL COURT TO DETERMINE IF LANDLORD'S INSURER HAS VIABLE SUBROGATION CLAIM AGAINST TENANT
      Lewis Wagner, LLP

    30. Nov 13, 2017

      Indiana Supreme Court Denies Transfer Of Case Holding That Insurer Has No Duty To Defend Additional Insured Until Named Insured Satisfies Self-Insured Retention
      Lewis Wagner Insurance Law Alert
      Walsh Constr. Co. v. Zurich Am. Ins. Co.

    31. Oct 09, 2017

      Where Tortfeasor's Insurer Denied Coverage Because of His Breach of Cooperation Clause, the Tortfeasor was Considered "Uninsured Motorist" to Allow Plaintiff to Recover Uninsured Motorist Benefits
      Lewis Wagner Insurance Law Alert
      Indiana Insurance Ins. Guar. Assoc. v. Smith

    32. Aug 04, 2017

      Court of Appeals interprets whether student's operation of car during a school class qualified for insurance coverage under school's policy
      Lewis Wagner Insurance Law Alert
      Milbank Ins. Co. v. Indiana Ins. Co.

    33. Jun 09, 2017

      In an unpublished decision, Court of Appeals enforces property policy language limiting insurer coverage obligation to actual cash value of destroyed home
      Lewis Wagner Insurance Law Alert
      Garba v. West Bend Mut. Ins. Co.

    34. Apr 27, 2017

      Court holds that death resulting from road-rage incident did not arise out of the use of the insured's auto
      Lewis Wagner Insurance Law Alert
      Estate of Curtis v. GEICO General Ins. Co.

    35. Aug 29, 2016

      Seventh Circuit concludes that exclusion did not apply to named insured friend's lawsuit for injuries sustained while walking dog
      Lewis Wagner Insurance Law Alert
      American Family Mut. Ins. Co. v. Williams

    36. Aug 24, 2016

      Supreme Court finds insurance policy ambiguous in comparing policy limitation of action clause to policy's requirement for exhaustion of tortfeasor's policy limits in UIM case
      Lewis Wagner Insurance Law Alert
      State Farm Mut. Auto Ins. Co. v. Jakubowicz

    37. Mar 07, 2016

      Indiana Appellate Court refuses to determine, as a matter of law, that proposed insured was "resident" of another's "household" in order to be entitled to insurance coverage
      Lewis Wagner Insurance Law Alert
      Secura Supreme Ins. Co. v. Johnson

    38. Dec 15, 2015

      Seventh Circuit affirms motion to dismiss insured claim for personal injury insurance claim for personal injury insurance coverage based upon lack of publication in defamation claim
      Lewis Wagner Insurance Law Alert
      Defender Sec. Co. v. First Mercury Ins. Co.

    39. Nov 19, 2015

      The Court of Appeals enforces contractual limitation of action provision on UIM claim
      Lewis Wagner Insurance Law Alert
      State Farm Mut. Auto Ins. Co. v. Jakubowicz

    40. Sep 09, 2015

      The Court of Appeals concludes that insurer did not breach duty of good faith by recommending cleaning contractor to insured after fire
      Lewis Wagner Insurance Law Alert
      Missler v. State Farm Ins. Co.

    41. Aug 19, 2015

      The District Court concluded that general liability insurance policy did not cover shooting event outside adult cabaret
      Lewis Wagner Insurance Law Alert
      Nautilus Ins. Co. v. Sunset Strip, Inc. et al.

    42. Jul 09, 2015

      Indiana Supreme Court adopts case-by-base approach to admission of coverage limits in UM/UIM cases
      Lewis Wagner Insurance Law Alert
      State Farm Mutual Insurance Co. V. Earl

    43. Jun 04, 2015

      Indiana Supreme Court determines that waiver of subrogation provision applies to claims for all damages covered by insurance
      Lewis Wagner Insurance Law Alert
      County of Jefferson v. Teton Corp.

    44. Mar 23, 2015

      Seventh Circuit determines that insurance adjuster does not owe duty to third party claimant
      Lewis Wagner Insurance Law Alert
      Lodholtz v. York Risk Service Group Inc.

    45. Mar 16, 2015

      Court of Appeals addresses application of primary insurance statutes when two insurance polices do not conflict on primary coverage
      Lewis Wagner Insurance Law Alert
      Central Mutual Insurance Co. v Motorists Mutual Insurance Co.

    46. Dec 08, 2014

      Court of Appeals analyzes whether insured's replacement of damaged property required insurer to pay replacement costs coverage
      Lewis Wagner Insurance Law Alert
      Seeber v. General Fire and Cas. Co.

    47. Dec 02, 2014

      Indiana Court of Appeals adopts case by case approach on land lord's ability to subrogate against tenant
      Lewis Wagner Insurance Law Alert
      Summer Place Apartments v. Mannia

    48. Aug 26, 2014

      Court concludes that adverse results of insured's small claims court decision bars subrogated insurer's claim arising from same automobile accident
      Lewis Wagner Insurance Law Alert
      GEICO Insurance Co. v. Graham

    49. Aug 12, 2014

      Supreme Court analyzes underinsured motorist setoff provision for workers' compensation payments
      Lewis Wagner Insurance Law Alert
      Justice v American Family Mutual

    50. Mar 15, 2014

      Court excuses insurer from coverage obligation because of late notice of lawsuit from insured despite the insured's lack of knowledge
      Lewis Wagner Insurance Law Alert
      Didion v Auto Owners Insurance Co.

    51. Feb 26, 2014

      Indiana Court of Appeals determines that an insurance agency owed a special duty to advise its insured about insurance coverages and that insur. comp. could be vicariously liable for agent's actions
      Lewis Wagner Insurance Law Alert
      Indiana Restorative Dentistry v The Laven Ins Agency

    52. Feb 19, 2014

      Court of Appeals finds that uninsured limits are irrelevant as evidence at trial
      Lewis Wagner Insurance Law Alert
      State Farm Mutual Insurance Co. v Earl

    53. Jan 21, 2014

      Indiana Court of Appeals rejects application of "Innocent Co-insured" Doctrine
      Lewis Wagner Insurance Law Alert
      Deeter v Indiana Farmers Mutual Insurance Co.

    54. Dec 11, 2013

      Indiana Court of Appeals enforces "battery" exclusion to bar owner's policy
      Lewis Wagner Insurance Law Alert
      Everhart v Founders Insurance Co.

    55. Aug 29, 2013

      Indiana Court of Appeals determines that insured is entitled to uninsured motorist coverage for property damage claim
      Lewis Wagner Insurance Law Alert
      Robinson v Erie

    56. May 31, 2013

      Indiana Supreme Court upholds Indiana's cap and allocation of punitive damage awards
      Lewis Wagner Insurance Law Alert
      State of Indiana v John Doe

    57. May 01, 2013

      Indiana Court of Appeals enforces arbitration clause in underinsured motorist claim
      Lewis Wagner Insurance Law Alert
      Pekin Insurance Co. v Hanquier

    58. Apr 11, 2013

      Indiana Supreme Court determines that sexual molestation by a motel employee is excluded under commercial general liability policy
      Lewis Wagner Insurance Law Alert
      Holiday Hospitality Franchising v AMCO Insurance Co.

    59. Jan 16, 2013

      Indiana Supreme Court determines that pre-judgment interest may apply to underinsured motorist claims
      Lewis Wagner Insurance Law Alert
      Inman v State Farm Mutual Automobile Co.

      Published Articles

    1. May 28, 2019

      When Competition and Coverage Collide: Clarifications, Trends, and Forecasts of Coverage B for Trade Disparagement Claims

    2. Feb 02, 2019

      Additional Insured Coverage - Get What You're Bargaining For

    3. Jun 01, 2018

      Insurance Law Alert: INDIANA COURT OF APPEALS REFUSES TO APPLY BUSINESS USE EXCLUSION TO AUTO POLICY FOR HOME HEALTHCARE WORKER TRAVELING BETWEEN JOBS

    4. Oct 01, 2017

      The Costs of Cyber Risks and the Cyber-insurance Coverage Landscape
      DRI: In-House Defense Quarterly

    5. Oct 01, 2016

      The Appraisal Process and the Insurer’s Dilemma
      DRI: For The Defense

    6. Sep 12, 2016

      DRI Uninsured Motorist and Underinsured Motorist Coverage Compendium, 2016

            Seminars and Speaking Engagements

          1. Feb 07, 2018

            Common and Recurrent Problems In The Appraisal Process: It’s Time To Get It Right, Lake Buena Vista, FL
            National Association Of Mutual Insurance Companies (NAMIC) Claims Conference