Administrative & Regulatory Law

Over the years, federal, state, and local governmental agencies have imposed and implemented regulatory and licensing requirements for the businesses and individuals that they regulate. These regulations often require a new or existing business to answer questions instigated by a disgruntled customer or a competitor.

Agencies may send out investigators, issue subpoenas, or commence proceedings. At times, those regulated by an agency believe the questions raised are political in nature or reflect little practical understanding or appreciation of the day-to-day business’s operations. Failure to respond satisfactorily to agency requests or demands can result in the agency withdrawing a license, disciplining or fining a business, imposing expensive requirements on the business, or refusing to act upon a necessary permit that the business needs to start or complete a project. A steady stream of new laws, new regulations, new directives, new interpretations of existing laws, or an agency’s new focus can make it difficult and costly for businesses and individuals to stay abreast of these developments, comply with these requirements, and respond and defend inquiries and charges.

The attorneys at Craft & Sheppard have responded to and appeared before numerous agencies defending businesses or individuals, been involved in numerous contested case hearings, and answered or responded to questions on complex matters. We stand ready to assist or represent your interest in these matters.

Errors and Omissions/Professional Liability

In this complex and technologically advanced business world, it has become easier for parties to accuse professionals of making a mistake or being negligent in business transactions. It is important that you contact your E&O carrier immediately so that you do not adversely affect your insurance coverage. Many policies require that you report the claim timely and in a certain format.

We will thoroughly investigate the merits of the case and work closely with you and/or your insurance company to develop a realistic and effective litigation strategy. Our E&O defense attorneys include a former insurance executive and a prominent trial attorney, both with over 30 years experience.

Subrogation

Subrogation is defined as “the substitution of one person in the place of another with reference to a lawful claim, demand or right, so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies or securities”. For example, an insurance company may pay for damages incurred by the policyholder. These damages are those covered under a policy of insurance and include property damage, medical payments, and uninsured motorist coverage. Sometimes these damages and injury are caused by the negligence of another party. After payment of these damages, the insurance company is entitled to recover these payments from the responsible party and these recovery efforts may include litigation.

Health insurance companies also make payments for medical expenses which are actually the responsibility of another party. The insurance company is “subrogated” to the rights of the insured and can seek recovery for these costs from the wrongdoer. We also handle workers’ compensation subrogation.

The Business Division of Craft & Sheppard handles these cases, which range from auto accidents to significant business commercial losses, similarly to the way we handle a plaintiff case: aggressively. In these cases, we must establish a duty, a breach of duty, damages, and causation, just like we do in other plaintiff cases.

Our insurance and claims experience helps us to understand the priorities and expense control needs of the company. We are committed to improving their loss ratios and recovery rates. We work with companies to improve their investigation and claims handling so that we have the evidence we need to prevail on these complex cases.