Insurance Defense
As one of the primary practice areas upon which Shorall McGoldrick Zerlaut was founded, insurance defense is among our law firm's core strengths.
Proven Skill in Insurance Coverage and Bad Faith Defense Matters
Insurance Coverage
Our firm advises and represents both national and regional insurance companies relating to complex issues of insurance coverage, policy interpretation in today’s legal environment, and the appropriate application of policy exclusions. Our first party and third party experience encompasses all types of insurance lines, including property, casualty, commercial general liability, professional liability, auto liability, umbrella and reinsurance.
Bad Faith Defense
Bad faith claims are a major source of exposure and expense for many insurance companies. In court and in administrative proceedings before the Arizona Department of Insurance, Shorall McGoldrick Zerlaut has defended against first-party allegations of insurer violation relating to unfair trade practices and improper claims.
Our insurance defense attorneys also defend against third-party extra-contractual liability (ECL) claims. ECL cases, often relating to the insurer’s alleged failure to defend, require a proactive, comprehensive assessment to determine how to manage the carrier’s potential exposure.
Results
As an example of Shorall McGoldrick Zerlaut's skill in insurance defense, Paul McGoldrick led our legal team that successfully argued for the affirmance of a judgment, worth over $2.8 million, in favor of a Washington-based insurer against its former insured. The judgment resolved an unpaid insurance premium.
In the underlying trial, Paul McGoldrick and Tom Shorall had successfully defended the insurer against bad faith allegations and obtained a jury verdict awarding the insurer all of its unpaid premium. In addition:
- Obtained a defense verdict on behalf of two lawyers and their law firm in a legal malpractice case arising out of a criminal representation.
- Obtained a defense verdict on behalf of a homeowner after a child she was babysitting lost vision in an eye after a backyard accident.
- Achieved a defense verdict for a major national apartment owner in one of Arizona's largest personal injury mold claims.
- Won a defense verdict on behalf of the State of Arizona in a civil rights and excessive force claim arising from an arrest.
- Obtained a defense verdict on behalf of a residential landlord in a wrongful death case that alleged the landlord’s pool was defectively designed and maintained.
- Obtained numerous defense verdicts on behalf of retail stores on premises liability, false arrest and assault theories.
Peer Recognition
Our defense group is led by firm co-founders Tom Shorall and Paul McGoldrick. Both attorneys are Fellows of the American College of Trial Lawyers, Certified Specialists in Injury and Wrongful Death Litigation (Arizona Board of Legal Specialization), Super Lawyers honorees, and listed among Arizona's "Top 100 Trial Lawyers" (National Trial Lawyers).
Shorall McGoldrick Zerlaut has consistently been included in the Bar Register of Preeminent Lawyers™ in the areas of construction law and personal injury law and is a Best Law Firms selectee (Metro Tier 1) in Insurance Law and Personal Injury Defense.