BKBH’s Insurance Defense Practice Group Attorneys:

Insurance Defense

BKBH represents scores of insurance companies, including self-insurers, on issues ranging from coverage determinations to bad faith claims. The firm’s representation involves all forums, including state and federal court, administrative proceedings, and claims before the Montana Insurance Commissioner. The firm also provides advice on all insurance related issues directly to its insurance clients and full litigation support. To achieve successful litigation results in its insurance cases, BKBH employs a team approach that encourages a cooperative effort between the client, the insurer, and counsel. The firm believes the best possible results are achieved when everyone combines their skill and resources to effectively communicate and work throughout the course of litigation. Using these strategies in conjunction with alternative dispute resolution mechanisms where appropriate and the innovative technology available to us, BKBH has achieved a high success ratio for our insurance clients at the trial and appellate levels.

BKBH’s insurance defense litigation section has demonstrated its capacity to handle complex lawsuits with multiple parties and tens of thousands of documents. Experienced in document control management, our attorneys and paralegals prepare our witnesses, using a variety of trial support equipment and systems, including videotape and interactive deposition-preparation techniques. We routinely employ computerized legal research to ensure that our motions and briefs include the latest in legal developments, and we are experienced in the use of focus groups (similar to mock juries) to assess potential liability and damages. BKBH’s litigation staff prides itself in the work we do in preparing trial exhibits. To the extent possible, we rely on computer graphics, video presentations and projectors to enhance the demonstrative exhibits we use during trial. Finally, we work in cooperation with our clients to determine the appropriateness of alternative dispute resolution mechanisms, including arbitration, mediation and settlement negotiation.

BKBH has served as coverage counsel for a wide variety of clients. When faced with a lawsuit or other type of claim including administrative and regulatory claims, insurance policy benefits are often the most important asset that a business or individual possesses. Depending on the type of claims asserted and the type of policy, it is possible that coverage may exist for all of the expenses to be incurred in defending against or responding to the claims (e.g., attorney’s fees and investigative expenses), as well as some or all of any settlement or judgment that ultimately might be paid. Because insurance benefits are potentially so valuable, it is important that the policyholder takes all necessary and appropriate steps to maximize the likelihood of recovery under its policies. Among the most critical steps is the immediate tender of a claim to the proper insurer to avoid forfeiture of coverage altogether under so-called “claims-made” policies, which have become quite common and which are a trap for the unwary.

BKBH attorneys are also experienced in representing bonding companies in a variety of surety bond matters. Surety bonds continue to be an important element in the construction and mineral extraction industries in the Rocky Mountain region and our attorneys can manage the complex issues encountered by sureties from negotiations to litigation. BKBH is successful in assisting their surety clients in formulating realistic, cost-effective solutions in contentious situations.

For nearly thirty years, BKBH has consulted with and successfully represented Montana employers and their insurers on a variety of labor and employment law issues before the Montana Supreme Court, in the district courts of Montana, and before the Department of Labor and Industry and the Montana Workers’ Compensation Court. Our litigation section has extensive experience defending cases involving alleged wrongful discharge, constructive discharge, sexual harassment, employment discrimination, and human rights violations. Among the cases that BKBH has successfully defended are claims alleging unlawful discrimination, wrongful discharge, as well as cases dealing with unemployment benefits, wage and hour claims, and workers’ compensation and occupational disease claims.

Sub-Practice Areas:

  • Casualty & Liability Insurance
  • Insurance Defense
  • Municipal Insurance
  • Surety Law

Representative Matters:

  • BKBH represented a major insurer in an insurance bad faith case filed by a local business owner arising out of property damage claims. Plaintiffs sued the insurance company for refusing to pay fraudulent claims under business interruption coverage, and demanded $1.5 million in damages. After a nine-day trial, the jury deliberated for more than six hours and then delivered a defense verdict.
  • On behalf of a large surety company, BKBH recently secured a judgment awarding our client the entire six figure disputed amount.
  • In a wrongful death case where the plaintiff filed suit against numerous defendants on behalf of his deceased sister after she died from injuries sustained in a fall from the rooftop of a building. BKBH represented the owner of the building and filed a motion and brief to have the building dismissed from the case. After the issue was fully brief, the Court dismissed the building owners.
  • BKBH recently represented a major surety company in securing a dismissal of payment bond claims brought by a national equipment lessor.


BKBH is regarded highly by quality rating services:

Martindale Hubbell
Chambers USA
A. M. Best & Company
Best Lawyers
SuperLawyers



Chambers Partners Peer Review Rated AM Best