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Ellen D. Jenkins counts among her clients numerous domestic and foreign insurance
companies. Her practice focuses on coverage under a wide variety of professional
liability insurance products, including public and private corporation directors
and officers liability policies, lawyers' professional liability policies,
employment practices liability policies and financial institution liability
policies. In addition to assessing and making recommendations with respect
to her insurance company clients' rights, obligations and possible coverage
defenses under their policies and the law, Ellen regularly monitors claims,
coordinates defense efforts and participates in settlement conferences and
various forms of alternative dispute resolution. Ellen also has extensive experience
representing the interests of excess insurers and frequently advises excess
insurers on a myriad of issues, such as the obligation of an excess insurer
to contribute to the settlement of a claim where the primary coverage has not
been exhausted by actual payments by the primary insurer.
In addition, Ellen regularly represents insurance companies in complex coverage
disputes. Ellen has filed and defended - in state and federal courts across the
United States - numerous declaratory judgment actions concerning particular policy
provisions and exclusions, including, for example, the "Insured versus Insured" exclusion,
pollution exclusion, professional services exclusion and bodily injury exclusion, which are all
typically included in directors and officers and other professional liability
policies. Ellen has also litigated multiple rescission actions and defended
her clients against claims of bad faith and unfair claims handling practices.
Because insurance coverage disputes frequently arise following the filing for
bankruptcy protection by insureds, Ellen is routinely called upon to advise
her clients with respect to the effect of an insured's bankruptcy on coverage
and has litigated coverage actions in bankruptcy court.
Ellen also has a wealth of experience with the drafting of policy forms, exclusions
and endorsements. She has also advised clients with respect to various agency issues
raised by the insurer-broker-insured relationship. Among the topics of particular
interest to Ellen is the concept of fortuity - that is, whether, as a matter of
public policy, insureds should be permitted to avail themselves of insurance
coverage where the insured's loss results from the insured's deliberate misconduct
or from calculated corporate risk-taking. |

Practice Areas
Insurance Coverage
Litigation
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