Hashish Insurance coverage and Protection Disputes

Authorized illustration in disputes with insurers has turn out to be paramount for hashish corporations in an ever-expanding operational setting. Hashish corporations could search to insure in opposition to threat of loss because of challenges equivalent to sudden fires, crop safety, enterprise interruption, or opposed client reactions to merchandise. In lots of cases, hashish corporations are even required to insure in opposition to such losses in reference to acquiring and sustaining a marijuana license.

Since 2010, we have now helped hashish companies navigate quickly evolving hashish regulation and coverage, and our hashish insurance coverage protection attorneys advise shoppers on what protection, if any, could also be accessible for a selected loss. Insurance coverage insurance policies are sometimes drafted with myriad situations that govern (and supply exclusions to) protection. When you have suffered a loss, protection attorneys can assessment your insurance coverage program and advise which coverages could apply, in addition to which coverages could not. Protection attorneys may also aid you navigate the procedural methods that some insurers play – for instance, denying a declare by citing the illegality of hashish possession beneath federal regulation  – when in search of to keep away from their obligations beneath relevant insurance policies. When you have suffered a loss and you aren’t positive whether or not your insurance coverage program ought to cowl it, a great hashish insurance coverage protection lawyer may help you determine the most effective technique so that you can accumulate beneath your insurance policies.

Insurance coverage overage attorneys additionally symbolize hashish corporations in tendering claims to their insurers, in addition to disputes with their insurers, usually by way of formal litigation and even trial. Insurers have a “playbook” for dealing with claims—in any trade—and counsel with in depth data of that playbook may help you progress your insurer in direction of paying your declare. This could embody submitting a declaratory judgment motion requesting {that a} choose declare that your insurer has wrongfully denied a declare. Figuring out the appropriate protection technique may help you keep away from the prices of litigation and settle a dispute earlier than submitting a grievance, or taking a case to trial in case your insurer persists with its denial.

In some jurisdictions (e.g. in Washington state, through the Insurance coverage Truthful Conduct Act), laws supplies hashish corporations in insurance coverage disputes with different statutory cures, even together with fee of attorneys’ charges and the prices of litigation if you happen to achieve your claims in opposition to your insurer. The Act delineates a number of unfair practices particular to the insurance coverage enterprise. Beneath the Act, insurers have an obligation to promptly examine your declare, pretty settle the declare if protection is on the market, and in any other case act in good religion. You will need to take a number of procedural steps to guard your rights beneath this statute, and our insurance coverage protection crew has the data and expertise to maximise your restoration.

Through the years, our hashish insurance coverage protection crew has gained in depth expertise representing each insurers and policyholders. We’ve advocated on behalf of either side and know hashish insurance coverage playbooks inside and outside. Tasks have included:

  • Underwriting recommendation
  • Insurance coverage disputes and protection claims
  • Mediation and arbitration
  • Litigation
  • Appeals

These and different protection points play out on daily basis within the hashish house. Most just lately, we had the chance to advise on protection packages in place as a hedge for funding in new services. This entailed reviewing insurance policies to make sure whole protection was accessible for losses which may in any other case fall outdoors of the investor’s arms, in addition to making certain that the potential investor was a named insured beneath the insurance policies.

When you have questions on your protection program, or want to develop upon it, contact Harris Bricken’s protection attorneys at the moment. Within the meantime, for extra on hashish insurance coverage and insurance coverage litigation, try the next:

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Written by colin


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