Thank you for visiting the Law Office of Dwight M. Kealy.
California State Bar #285790
New Mexico State Bar # 153463
Certified Insurance Counselor (CIC)
Accredited Advisor in Insurance (AAI)
This semester I am teaching classes on Business Law for the College of Business, Department of Finance at New Mexico State University. I always welcome interesting legal and business research ideas as well as your thoughts on internships and career opportunities for our amazing NMSU students.
I originally created this website to advertise my legal practice to insurance professionals. Any opinions expressed herein may not be the opinions shared by the regents or administration of NMSU.
Do you want to work with someone who knows what it is like to run an insurance agency?
I ran one of the largest insurance agencies for California contractors before, during, and after the Great Recession. (Before and after was more fun).
Do you want to work with someone who understands insurance coverage?
I am a coverage attorney who teaches classes on insurance, has written numerous books and articles on insurance, and has testified in deposition and at trial as an expert witness in insurance.
Do you want to work with someone who understands business?
I know what it is like to be sued. Maybe that’s not unusual in California, but as an attorney, I also know what it is like to counter-sue, argue before a judge, get a case dismissed, and win.
Success Stories:
These success stories do not constitute a guarantee, warranty, or
prediction regarding the outcome of your legal matter
Problem: An insurance agency was contractually obligated to defend its broker's bond company when the insurance agency AND the bond company were sued by a disgruntled agency client. The agency's E&O carrier would pay to defend the agency, but not the broker's bond company.
Resolution: I was successful in satisfying the agency's obligation by drafting and filing the necessary paperwork (demurrer) to get the bond company dismissed from the litigation.
.....….
Problem: A contractor was sued for over $200,000 and did not have insurance coverage because of a unique policy exclusion.
Resolution: Successfully represented the contractor in litigation and settled the case for 5% of the demand in the month before trial.
.........
Problem: An Insurance Agency's client filed a complaint with the Department of Insurance against the Insurance Agency because the client did not like the additional premium that came from an insurance company’s audit.
Resolution: Successfully represented the agency in getting the complaint dismissed.
......…
Problem: A business seller was sued for breach of contract, misrepresentation, and fraud by the buyer of the business. The buyer wanted in excess of $60,000.
Resolution: Successfully represented the contractor in litigation and settled the case for 5% of the demand in the month before trial.
.........
Problem: An Insurance Agency's client filed a complaint with the Department of Insurance against the Insurance Agency because the client did not like the additional premium that came from an insurance company’s audit.
Resolution: Successfully represented the agency in getting the complaint dismissed.
......…
Problem: A business seller was sued for breach of contract, misrepresentation, and fraud by the buyer of the business. The buyer wanted in excess of $60,000.
Resolution: The seller hired me. We negotiated with the buyers. When negotiations failed, we filed a counter-suit against the buyers. We succeeding in getting the entire case dismissed without the seller having to pay the buyer anything.
.........
Problem: Insurance Agency client filed a complaint with the Department of Insurance because the client did not like the payroll processing offered by the worker’s compensation company sold through the Agency.
Resolution: Successfully argued. . .and successfully argued again after the client appealed. . .and got the complaint dismissed.
.........
Problem: Insurance Agency client’s attorney sent a demand letter saying that the insurance agency must pay over $25,000 because the Agency was “per se negligent” for selling an insurance policy that excluded property damage caused by much of the type of work that the client did.
Resolution: Successfully argued that the Agency was reasonable—and therefore not negligent—in its actions with the client. Attorney stopped pursuing the $25,000.
.........
Problem: Insurance Agency client filed a complaint with the Department of Insurance because the client’s insurance company went insolvent and he wanted the insurance agency to return all of his premium.
Resolution: Successfully argued that the Insurance Agency was not the proper target for the claim and got the complaint dismissed.
.........
Problem: Insurance Agency client bounced a premium check paid to the insurance agency after coverage was bound.
Resolution: Worked with the District Attorney’s check fraud division and received court-ordered payments for the full amount of the bad check.
.........
Problem: Insurance Agency client sent a demand letter saying that the agency should pay over $9,000 because the insurance company denied the claim.
Resolution: Successfully argued that the Agency was not responsible for the claim. Client stopped pursuing the $9,000.
.........
Problem: Worker’s Compensation Company sent a client an audit bill over $30,000 because it argued that the client’s independent contractors were really employees.
Resolution: Successfully argued that the employees in question were really independent contractors, thereby eliminating the $30,000 audit bill.
.........
Problem: An owner in a group of sixteen separate corporations and LLC's operating in multiple states with multiple other owners wanted to sell his ownership interest to a single purchaser.
Resolution: Drafted and coordinated the sale of all sixteen corporations and LLC's in a single transfer.
Now Available as an Audiobook
Click image below for details.
Understanding Named, Automatic, and Additional Insureds in the CGL Policy (88 Pages)
Legal Concepts for Insurance Agent Ethics: How Agents Get Sued and Lose Their Licenses (85 Pages)