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Insurance Defense

The complex public and private works construction arena poses equally difficult insurance coverage challenges.  The vast collective of prime contractors, specialty subcontractors, architects, design firms, manufacturers, and suppliers involved in projects large and small sets the stage for contentious disputes almost before breaking ground.  For many owners and general contractors, dealing with complicated insurance issues is a job best left to Finch, Thornton & Baird, LLP.

Our experienced insurance law attorneys regularly pursue insurance coverage disputes on behalf of policyholders, their insurers, or both.  We are here to provide advice and assistance in obtaining and maintaining bonding and insurance, too.  Diplomacy, the ability to identify the facts, and persuasive negotiating skills ensure most coverage matters are resolved amicably.  When necessary, however, the firm has defended clients through jury trial, and obtained indemnity and reimbursement of defense fees and costs.


The firm’s vast knowledge of construction operations makes our attorneys uniquely capable of ascertaining and obtaining insurance benefits for a broad range of claims on public and private works of improvement.  From our experience with earth movement, pollution, and other construction-related exclusions, we understand the unique circumstances that warrant coverage.  Plus, it is simply not in our DNA to easily take “no” for an answer.


The larger the construction project, the more complicated the owner’s insurance needs.  Multiple insurers, Owner Controlled Insurance Programs (OCIPS), and Contractor Controlled Insurance Programs (CCIPS), also known as wrap-ups, are now as common as single-insurer policies.  We see them all.  More importantly, we understand the critical policy/policies analyses and factual evidence necessary to prepare the strongest possible defense.  These capabilities ensure leverage in negotiating optimal settlements on behalf of our clients.


Finch, Thornton & Baird has successfully obtained coverage of construction delay and disruption, loss of use, as well as defense fees to pursue owners for back-charges resulting from allegations of defective work and property damage.  The firm has even been retained after claim resolution on behalf of insurers and policyholders to obtain reimbursement from insurance companies and additional insurance providers.

Our expertise with Insurance Defense includes:

  • Construction activities
  • Extra contractual liability
  • Bodily injury
  • Pollution
  • Employment
  • Misrepresentation
  • Construction defect
  • Delay and disruption
  • Loss of use
  • General liability
  • Products liability
  • Builder’s risk/course of construction
  • Professional liability

Subcontractor v. Subcontractor: Firm Defeats Multi-Million Dollar Indemnity Claim

The firm represented a subcontractor as independent counsel in connection with a multi-million dollar personal…

Insurance Company – Collections and Judgment Enforcement

The firm represented an insurance company and filed multiple lawsuits against customers who failed to…

False Claim Act Defense – Multiple Municipal Rail Projects, Western United States

Finch, Thornton & Baird represented two prime contractors that performed large-scale municipal rail projects for…

Carmel Cove Homeowners’ Association, Inc. v. Carmel Cove, LLC, et. al.

The firm represented a condominium developer in a construction defect action brought by the homeowners’…

Barnhart-Balfour Beatty, Inc. v. Roofing Subcontractor, Roofing Manufacturer and Their Insurers

The firm represented the Design Builder concerning a roof failure on a classified military base…

Insurance Coverage: Failure to Defend

After mediation, the Firm obtained a settlement on behalf of its contractor client from the…

Public Works: Defense Against Claims Arising From Damaged Pipeline

The Firm represented its client in claim arising from damage caused to a oil pipeline…

Zurich Specialties London Limited v. A&D Fire Protection, et al.

This case involved the Treo@Kettner condominium development located in downtown San Diego, which was completed…

Rafael Gonzalez v. Hensel Phelps Construction Co.

The firm’s client was sued for indemnity in connection with a personal injury lawsuit filed…

Subcontractor Default – Caltrans Highway Facility Rehabilitation

The firms' client was the prime contractor on a highway facility rehabilitation project for the…

Property Owner v. Title Insurer

The firm represented plaintiff homeowners who obtained a policy of title insurance from the defendant.…

Qui Tam Plaintiff v. Design Builder

The firm represented the design builder and general contractor against allegations of violations of the…

Jaynes Corporation of California v. Pro-Tech Fire Protection Systems Corporation

The firm’s client was the prime contractor on a large-scale water treatment plant project.  The…

Roel Construction Company, Inc. v. Alcala Co. et al.

The firm recovered over $1.5 million on behalf of its general contractor client and its…

Casoleil LP v. Wermers, Inc. et al.

This case involved a multiparty construction defect action with claims by the owner in excess…

County of Imperial v. RSM2 Contractors, Inc.

The firm represented the general contractor in disputes concerning the destruction by fire of a…

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