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Tony Jones, a partner in Troutman Pepper’s Insurance and Reinsurance Practice Group, is quoted in the Law360 article, “Insurers Face Uphill Battle Over Fraud Action Coverage.”
A more viable course for insurers to take is to be much more fact-specific in their claims. As courts take closer looks at underlying claims and bases for liability, insurers must mirror that attention to detail, Tony Jones, a partner at Troutman Pepper who represents insurers, told Law360.
“If it’s a statutory claim, for example, you look at the statutory structure that was established and what might be said about the types of damages that can be awarded,” Jones said. He added that insurers must now get “into a level of detail about the underlying claims against the insured that we may not have typically done in the past.”
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“No one abandons that point, you certainly lead with it,” Jones told Law360. “It just doesn’t make good public policy sense to allow someone to seek recovery from an insurance policy for these types of awards, and basically keep the benefits of their conduct and have their insurer be the one that pays for it.”
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