在业务范围不断扩大的背景下，针对与保险公司之间的纠纷寻求法律代理对大麻企业而言已变得至关重要。大麻企业可能会为因意外火灾、作物保护、业务中断或消费者对产品产生不良反应等风险导致的损失购买保险。在许多情况下，大麻企业甚至必须为这类损失投保，才能获得并维持大麻经营许可证。
Since 2010, we have helped cannabis businesses navigate rapidly evolving cannabis regulation and policy, and our cannabis insurance coverage attorneys advise clients on what coverage, if any, may be available for a particular loss. Insurance policies are often drafted with myriad conditions that govern (and provide exclusions to) coverage. If you have suffered a loss, coverage attorneys can review your insurance program and advise which coverages may apply, as well as which coverages may not. Coverage attorneys can also help you navigate the procedural tricks that some insurers play – for example, denying a claim by citing the illegality of cannabis possession under federal law – when seeking to avoid their obligations under applicable policies. If you have suffered a loss and you are not sure whether your insurance program should cover it, a good cannabis insurance coverage attorney can help you identify the best strategy for you to collect under your policies.
Insurance overage lawyers also represent cannabis companies in tendering claims to their insurers, as well as disputes with their insurers, often through formal litigation and even trial. Insurers have a “playbook” for handling claims—in any industry—and counsel with extensive knowledge of that playbook can help you move your insurer towards paying your claim. This can include filing a declaratory judgment action requesting that a judge declare that your insurer has wrongfully denied a claim. Identifying the right coverage strategy can help you avoid the costs of litigation and settle a dispute before filing a complaint, or taking a case to trial if your insurer persists with its denial.
在某些司法管辖区（例如华盛顿州通过《保险公平行为法》），相关立法为卷入保险纠纷的大麻企业提供了其他法定救济措施，甚至包括在您成功向保险公司索赔后，由保险公司承担律师费和诉讼费用。该法案明确列举了保险行业特有的若干不公平行为。根据该法案，保险公司有义务及时调查您的索赔，在保险范围允许的情况下公平理赔，并始终秉持善意行事。 您必须采取若干程序性步骤以维护该法规赋予您的权利，而我们的保险理赔团队拥有丰富的专业知识和经验，能够最大限度地为您争取赔偿。
Over the years, our cannabis insurance coverage team has gained extensive experience representing both insurers and policyholders. We have advocated on behalf of both sides and know cannabis insurance playbooks inside and out. Projects have included:
- 承保建议
- 保险纠纷与理赔
- 调解与仲裁
- 诉讼
- 上诉
These and other coverage issues play out every day in the cannabis space. Most recently, we had the opportunity to advise on coverage programs in place as a hedge for investment in new facilities. This entailed reviewing policies to ensure total coverage was available for losses that might otherwise fall outside of the investor’s hands, as well as ensuring that the potential investor was a named insured under the policies.
If you have questions about your coverage program, or would like to expand upon it, contact Harris Sliwoski’s coverage attorneys today. In the meantime, for more on cannabis insurance and insurance litigation, check out the following:
- Anatomy of a Cannabis Insurance Policy, Part 1: The Basics
- Anatomy of a Cannabis Insurance Policy: Exclusions
- Cannabis Business Basics: Liability Insurance is a Non-Negotiable Priority
- 大麻与保险诉讼
- 是的，华盛顿，您确实需要大麻商业保险
- Hemp Insurance Litigation: Oregon Federal Court Rules Insurer Has No Duty to Indemnify Hemp Farmer for Plant Loss
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