Insurance Coverage and Defense

The U.S. Virgin Islands are known as a litigious jurisdiction with generous juries. This has attracted plaintiffs’ lawyers and the personal injury lawsuits that come with them. In this environment, we assist our insurance carrier clients primarily in two ways.

We provide a strong, experienced defense of the insured by working closely with the carrier to develop a practical, cost-effective litigation strategy. This means early claim evaluation, strategic planning, and sometimes intervention to avoid suit altogether. Discovery is supervised by a partner but handled whenever possible by our experienced paralegal staff to minimize costs. We can call upon local investigators and experts in various fields if needed.

Although we are ready, willing, and able to carry matters through trial and appeal, we recognize that, as on the mainland, most lawsuits in the Virgin Islands are resolved before trial. That resolution usually occurs in a formal mediation session. Mediation is mandatory in both our local and federal courts. We provide a thorough legal and factual assessment of the case before mediation. This prepares the client for mediation and also communicates to the opposition our readiness for trial should they not reasonably settle. We have developed effective mediation techniques that have successfully resolved many difficult cases. Members of the firm are, also, court-certified mediators in both the federal and local courts since 1995 and have been advocates for clients in mediation and also served as neutral mediators for adversarial parties.

We also directly represent insurers in prosecuting or defending declaratory judgment actions and other disputes concerning actual coverage. Our goal here is to achieve summary disposition of the controversy to avoid the cost and uncertainty inherent in litigation.

As a matter of policy, we do not publish the names of the companies and clients we represent but we do provide references upon request.

E-mail: Michael Fitzsimmons, Matthew J. Duensing or James Bernier.