Monitoring And Counseling

Resourceful. Innovative. Unique.

The TittmannWeix team works together to support their insurer clients effectively and efficiently, full service, from the initial notification of a claim through the closing of the file, no matter what path that claim may take. We strive to ensure successful and positive outcomes for all involved.

TittmannWeix’s monitoring practice focuses on early assessment of coverage and potential liability, which ensures clients have the information needed to set expectations internally and with their insureds. TittmannWeix recognizes the importance of maintaining excellent relationships with insureds, brokers, and policyholder counsel in furtherance of their clients’ commercial relationships and goals. We handle matters under a wide variety of policies including Cyber, Technology, Media, Professional Liability, General Liability, Healthcare, and Gig-economy policies.

TittmannWeix’s cyber practice focuses on complex claims primarily for large risk and middle market policies, nationally and internationally. We handle coverage analyses for breach response, first party loss, regulatory proceedings, and third-party claims in connection with data incidents.

TittmannWeix handles the most significant claims around the country involving the leaders of the gig economy, including DoorDash, Instacart, Shipt, and Fair (who leases many of the cars used by Uber and Lyft drivers). These fleet auto policies define a term of coverage based on the drivers’ use of the company’s smart phone applications, and have no precedent, raising complicated coverage issues as gig economy drivers swap from app to app, or operate several simultaneously, especially in a vague legal environment relating to their employment status. Many of these claims involve fatal injuries above policy limits, requiring swift and aggressive action to comply with complicated duty to settle standards across jurisdictions.

TittmannWeix brings to bear its attorneys’ experience litigating high profile intellectual property claims to copyright and trademark claims. Not only do we have a keen understanding of the substantive intellectual property law issues, we have a wide network of counsel to assist our client’s insureds faced with intellectual property claims ranging from form demand letters to the threat of large statutory damage awards or a TRO. We know how to bring the right resources to bear and ensure that every procedural or substantive defense is considered.

TittmannWeix partners with our clients on policy drafting, tracking claim or substantive law developments, or providing second opinions for novel or complex coverage issues. Our insights can provide a fresh perspective to help focus an analysis or provide a new way to look at an issue in order to overcome entrenched positions.

It is unusual if not unprecedented to find a firm that lists “Dispute Resolution” as a practice area. TittmannWeix spends a plurality of its time avoiding or minimizing litigation for its clients, recognizing that the greatest value we can provide is usually in closing claims rather than escalating them. Carriers will be hard-pressed to find a firm more dedicated to minimizing legal spend than TittmannWeix. We are happy to engage in litigation and prevail, as we usually do, but we know from extensive experience that the best economic strategy for our clients is almost always to de-escalate and achieve resolution. Our clients will testify, happily, that we are adept at finding creative mechanism to accomplish resolution, including early settlement analyses and mediations, cross-motions for summary judgment on stipulated facts, Coblentz agreements, and aggressive use of a primary carrier’s right of settlement under Diamond Heights and North American Van Lines. Perhaps above all else, we pride ourselves on reducing our clients’ legal spend.

TittmannWeix also supports SIU departments to investigate possible fraud and rescissions and conducts Examinations Under Oath to assess information needed to resolve a claim. We utilize economical Claims Managers to lead these investigations at advantageous rates. We handle claims across the country and take advantage of video technology to maintain cost-effectiveness. We have long-standing relationships with private investigators and police departments to access information not readily available.

TittmanWeix has a deep litigation bench. Every attorney in the office began their career litigating disputes and knows what it takes to win. TittmannWeix has litigated virtually every material clause in standard ISO general liability policies, with impressive success. We seek creative solutions to avoid extensive litigation by working with any of the many implicated parties with whom we may have a common interest, whether that be the policyholder, plaintiff, joint tortfeasor, additional insured carrier, or excess carrier. While we strive for early resolution, when circumstances necessitate we know how to, and have, litigated aggressively – and with resounding success – on matters worth millions or billions of dollars. Our founding partner was named the 2019 insurance MVP for his litigation successes.

TittmannWeix lawyers are also appellate specialists with expertise handling appeals on significant matters for our clients to preserve victories or address matters of portfolio-wide concerns. Having the capability to see a matter through from the filing of the complaint through any appeal allows for effective and efficient management of the entire litigation under one roof. It also means that the trial court proceedings are conducted with an eye on future appellate arguments, to ensure that all positions are preserved and successes withstand scrutiny. TittmannWeix is strategically focused on the long game, ensuring that our clients prevail on the issues that matter most to their business.

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