Areas of Insurance Law

The Attorneys at Smith WIlliams LLP are experts in a variety of different areas of insurance defense that help create a diverse practice in Little Rock, AR.

Smith Williams LLP has represented various insurers and employers with workers compensation insurance law. Their areas of focus usually include whether or not the injury claimed is a result of on-the-job injury in the course and scope of employment or deviates from those general areas of injury. Common issues include whether or not the injury is compensable, and if it is, the extent of disability suffered by employee and extent of the various injury or injuries claimed. These issues often include complicated medical investigation and/or expert evaluations and opinions. They focus on positive outcome, predictions and settlements with a goal toward resolution without complex issues of prolonged and expensive litigation.

Smith Williams LLP have expertise in defending insurance companies and their insureds. The firm is excels in defending personal injury litigation, from simple, personal automobile accidents to major, multi-vehicle or tractor-trailer accidents. They are also well versed in premises liability claims such as slip and fall, dram shop liability, residential property owners, negligent and/or inadequate security, and products liability claims. SW prides themselves in representing their carriers and their insureds in any aspect of insurance defense litigation as quickly and economically as possible, but with experience and willingness to take the claim all the way to jury verdict when necessary.

Often times, there are general questions regarding applicability of certain aspects of an insurance policy. The attorneys at Smith Williams LLP are skilled in providing detailed review of the policy language to assist the insurance carriers in determining whether or not the factual situation is covered or excluded from the insurance policy. As a part of that practice, the firm can assist in coverage opinions, reservation of rights letters to insureds on behalf of the carrier, defending bad faith allegations or preparing declaratory judgment actions to seek a court’s definitive opinion on issues. This area of insurance law also includes Appellate practice in handling appeals to the Arkansas Court of Appeals, Arkansas Supreme Court, and the United States Court of Appeals for the Eighth Circuit.

Sometimes, issues arise whether a property was intentionally destroyed and/or the claims being made by an insured and/or others involved in the loss are valid. These types of claims are usually handled by a separate entity within the insurance company, the Special Investigative Unit. Such claims, unfortunately, seem to have grown in the last several years. Their attorneys have been involved in investigating such claims for many years, which includes not only working closely with the carrier, but also involves working with various police and fire organizations, fire investigators, experts on cause and origin or claim reconstruction as well as electrical and/or structural engineers. This area of practice can also include working with forensic accountants involving detailed review of financial records and/or motivation to present a fraudulent claim. Their work directly with these groups, as well as assisting the insurance companies, includes their involvement in claim investigation, such as taking examinations under oath of insureds, but also providing detailed analysis of the claim, including financial motivations and/or opportunity and content analysis.

Attorneys at SW have been involved in all aspects of asbestos defense litigation for over 30 years. During that time, the attorneys have served as local and primary counsel regarding asbestos litigation. The litigation experience of our counsel includes the defense of clients in virtually every county and jurisdiction in the State of Arkansas, federal courts, arbitration, and mediation proceedings. These property claims center around personal injury alleged following exposure to asbestos or asbestos related materials, removal of asbestos and claims for secondary exposure. These claims involve defense related to heavy industrial equipment, manufacturing, factory environments, and power generation units.

Smith Williams LLP experience in sports related litigation and sports law has been broad but primarily focuses on the business sport professional baseball and Major League Baseball. In various capacities, the firm has represented individual players, coaches, managers, umpires, front office personnel, and league personnel, with respect to personal legal advice, contract and employment issues. The legal experience also extends to representation of potential owners, ownership groups, franchise operators and stadium operators of teams associated with Major League Baseball, Minor League Baseball, and various schools and instructional leagues. Representation has included compliance and enforcement of rules and regulations pertaining to Major League Baseball.