Insurance Defense Litigation

Burch & Cracchiolo attorneys serve on a number of panels for leading insurance companies and self-insured entities, handling claims of all types. Our attorneys have successfully resolved cases involving bodily injury and property damage claims, including, but not limited to automobile, trucking and motor carrier liability, and commercial vehicles; premises liability; professional liability, including medical, legal, accounting and agent/broker malpractice; dram shop/liquor liability; property damage, including construction defect, fire and casualty losses; construction site injuries; product liability; general liability, aviation accidents and environmental torts. We also provide coverage analysis, including reservation of rights correspondence, opinions, and defending bad faith and coverage litigation matters.

In addition to representing insureds through insurance companies, Burch & Cracchiolo attorneys represent government and public entities, self-insured companies and Native American tribal governments and enterprises. We represent defendants in insurance coverage disputes and bad-faith claims, defending all types of litigation involving insurance-related issues, including first and third party bad-faith suits, brokerage disputes, surplus lines insurance and declaratory judgment actions.

We make every effort to minimize the expense of litigation for our clients through alternative dispute resolution strategies, including mediation, arbitration and mini trials when appropriate to achieve client goals. Of course, our ultimate motivation is to achieve the best outcome for our client by providing outstanding representation from the outset through successful resolution.

Professionals Practicing in Insurance Defense Litigation

Personal Injury and Wrongful Death Litigation

Burch & Cracchiolo's attorneys are skilled in negotiating and litigating our personal injury clients' claims from simple negligence cases to wrongful death and catastrophic injury claims. We are cognizant of the physical, emotional and financial strain that can result from an injury by another's wrongdoing. Our attorneys are experienced negotiators adept at resolving client claims so that additional hardship is not suffered in the litigation process. However, if satisfactory settlement is not possible, Burch & Cracchiolo's attorneys are fully prepared to present our clients' claims to a judge or jury.

Our personal injury litigators include veteran trial attorneys who have appeared in court on many occasions and are aggressive, confident and proven advocates for our clients. We are comfortable and skilled in courtroom procedure including jury trials in state and federal court. In addition, several of our attorneys have been appointed as judges pro tem in the Superior Court.

Burch & Cracchiolo attorneys practicing in this area also have significant background representing defendants and insurance companies in negligence and personal injury cases. These attorneys have a unique and realistic perspective when claims are being evaluated, negotiated and litigated. Burch & Cracchiolo's personal injury attorneys work as a team to share advice and exchange information, giving the client the expertise of many seasoned litigators.

Professionals Practicing in Personal Injury and Wrongful Death Litigation

Auto/Trucking Liability Litigation

Burch & Cracchiolo attorneys are experienced at managing the complexities of all aspects of automobile liability and trucking/commercial vehicle liability. Our litigation attorneys offer unsurpassed trial and mediation representation in all legal areas involving claims related to auto accident property damage, personal injury and wrongful death and uninsured/underinsured motorist liability. We have a history of success in providing favorable outcomes in complex cases involving catastrophic injury and multiple deaths.

Burch & Cracchiolo attorneys represent clients in liability cases involving commercial vehicles and have extensive knowledge of the Federal Motor Carrier Safety Regulations and transportation standards of care. We are experienced in the details of accident reconstruction involving articulated commercial vehicles. Our knowledge of black box and other cutting-edge technologies allow us to advise our clients, prepare the case and resolve it most successfully.

Professionals Practicing in Auto/Trucking Liability Litigation

Dram Shop/Liquor License Liability

Dram shop liability refers to the potential liability of bars, pubs, nightclubs, restaurants, sporting venues or even individuals who negligently provide alcohol or other intoxicating substances to already intoxicated individuals who later cause a motor vehicle accident. These cases may also involve the liability of those who serve alcohol or other intoxicants to underage individuals who then injure themselves or others. Burch & Cracchiolo has considerable experience representing parties in dram shop cases.

Professionals Practicing in Dram Shop/Liquor License Liability

Environmental/Toxic Tort Litigation

Burch & Cracchiolo lawyers represent clients in complex toxic tort and environmental litigation practice, primarily in defending clients for commercial and cost recovery, toxic torts and land use litigation and related insurance coverage and bad faith litigation.

Professionals Practicing in Environmental/Toxic Tort Litigation

Government/Public Entity Liability

At Burch & Cracchiolo, we have a long history of representing cities, counties, school districts, and risk sharing authorities against claims by constituents and others in a wide variety of matters, including claims alleging that there is a dangerous condition of public property; claims of slander, defamation, retaliation and harassment; accident claims involving vehicles owned by the public entity; dangerous roadway and road design claims; inverse condemnation, trespass and nuisance claims brought by private property owners; wrongful death and catastrophic personal injury claims; premises liability claims involving public property, including bridges, recreational facilities, train stations and other properties; construction site accidents and contract and indemnity claims involving public entities.

Our attorneys understand and are prepared to assert all defenses and immunities contained in the Government Code. In addition, our full-service capabilities allow us to engage the experience and skills of lawyers with special knowledge in areas such a construction law and real estate law as we prepare our case.

Professionals Practicing in Government/Public Entity Liability

Insurance Bad Faith and Coverage Litigation

Our insurance coverage practice encompasses first-party and third-party insurance coverage and bad faith claims. Burch & Cracchiolo attorneys typically represent insurance companies in these cases, but the firm has represented insureds in selected cases.

We represent insurance companies in coverage and bad faith litigation involving a wide variety of matters arising under numerous types of policies, including commercial general liability policies, directors and officers liability policies, policies, WRAP/OCIP/CCIP policies, property and casualty policies, professional errors and omissions policies and life and disability insurance policies.

Professionals Practicing in Insurance Bad Faith and Coverage Litigation

Premises Liability Litigation

Burch & Cracchiolo's representation of retail, hospitality and multi-location businesses of all types has provided the firm with a steady supply of premises liability claims from the defense perspective. Our premises experience includes defending national and regional retailers, grocery chains, service stations and convenience stores, as well as on-site company claims. We recognize certain claims require only brief e-mail evaluations, while other cases may require prolonged discovery, intense motion practice, and full-scale evaluation in the months before trial. Whatever the circumstances require, our experience, our programs and our people allow us to meet the challenge.

Our experience in defending premises claims for our institutional clients provides us with the ability to readily assess the value and potential outcome of cases for parties..

Professionals Practicing in Premises Liability Litigation

Product Liability Litigation

Burch & Cracchiolo has a long history of representing clients in a wide variety of product liability matters in industries including aeronautics, automotive, chemical, electrical and mechanical, consumer and household products, medical devices and pharmaceuticals.

While the most serious and talked about product liability cases and settlements in recent years have involved class action lawsuits filed against major manufacturers of automobiles, pharmaceuticals, and dangerous medical devices, claims of injury from defective products can range from minor injuries to serious brain and spinal cord injuries. At Burch & Cracchiolo, our attorneys are adept at assessing the value of an injury and each parties' likelihood of success if a lawsuit ensues.

Professionals Practicing in Product Liability Litigation

Professional Liability Litigation

Burch & Cracchiolo attorneys have handled all types of professional liability litigation, ranging from medical, accounting and legal malpractice claims and contract disputes to claims for securities fraud and tortious interference with contractual and business relations. In addition, we provide representation to clients involved in architectural, engineering and related professional liability claims. We draw on the expertise of lawyers throughout the firm to provide each client efficient and cost-effective representation.

Our attorneys also represent physicians, chiropractors, nurses and others in the medical arena in claims before medical boards and boards of specialty when licenses are challenged.

Professionals Practicing in Professional Liability Litigation