when you know
who to call.
Walberg Law, PLLC
Morrison, CO 80465
Drawing on more than 3 decades of experience we skillfully evaluate the most sophisticated coverage matters and helps assess the high dollar exposures that often accompany them.
Walberg Law practices exclusively in the areas of insurance fraud, insurance coverage and appeals. While we will pursue Declaratory Actions on your behalf, first or third party defense litigation is deferred to your chosen defense counsel. Walberg Law remains available to advise you concerning ongoing coverage and indemnification issues while the litigation is pending.
The firm prides itself on responsiveness, thoroughness of work product and its ability to provide clients with highly personalized service.
If coverage extends to only certain elements of the claimed damages, independent coverage counsel will help you determine your indemnity and ongoing defense obligations. Litigation counsel represents your insured. Coverage counsel represents you. We will advise you on coverage matters through the pendency of underlying litigation when your defense counsel is bound to represent only the interests of your insured.
Our extensive background in litigating insurance claims and coverage matters provides us with the perspective to see the whole picture. We understand that what we do now will impact the potential future of a claim from initial coverage evaluation through lawsuit. We have been there from start to finish. Thorough and proper coverage analysis at the outset is the most effective way to limit costly litigation.
Many companies rely on the same firm for coverage and defense. That firm then is faced with unavoidable conflicts when the carrier is sued over a coverage decision made by its chosen defense firm. If that firm is then retained to defend the matter, the carrier is left without counsel to provide advice as to ongoing coverage issues, and without coverage counsel as its witness regarding its coverage position. If a carrier determines it must defend an insured, because some, but not all, damages are covered, defense counsel cannot advise as to coverage implications, coverage counsel can.
As coverage counsel, we will consult in any ongoing investigation as to the scope of the insurer’s obligations and provide updated advice as to its duties to defend or indemnify. We will also pursue legal determinations of these issues through declaratory action when necessary.
And, if a later suit by the insured includes allegations of bad faith, as coverage counsel, we will be available as a witnesses to explain coverage and claims decisions, where your defense counsel cannot testify.
Please do not hesitate to contact us to discuss how we can assist you.
Walberg Law, PLLC
Interpreting contract obligations is a critical step in the claim handling process. Walberg Law handles all areas of coverage evaluation. The firm advises clients on the nature and extent of their obligations including resolution of duty to defend, duty to indemnify, general coverage on first party claims, and assists insurers in handling claims to limit exposure to extra contractual liability.
Walberg Law also consults with insurers to evaluate the duties of their insureds and the means of obtaining the information necessary to properly evaluate and pay legitimate claims or ferret out fraudulent ones.
Walberg Law is expert at coverage analysis. We can also assist in drafting responses to coverage and defense tenders, reservations of rights and claim denials. Walberg Law will also prepare and pursue a declaratory judgment action on behalf of carriers seeking judicial determination of their rights and duties under any insurance policy.
The firm has experience with a wide range of coverage matters involving insurance policies covering:
Bonds and Surety
Commercial General Liability
Directors and Officers
Errors and Omissions
Excess and Umbrella
OCIP and CCIP
Detecting and preventing insurance fraud. Walberg Law brings an extensive background in insurance litigation to the table in assisting with ongoing investigation and preparing for and taking Examinations Under Oath. As experienced coverage counsel, Walberg Law knows what information the insurance carrier needs to make a reasoned and appropriate claim decision, and how to get it.
Fraud has plagued the insurance industry since insurance became a commercial enterprise. Fraudulent claims account for a significant portion of all claims received by insurers, and cost billions of dollars annually. Insurance crimes range in severity, from slightly exaggerating claims to deliberately causing accidents or damage and in variety, from policy application through claim conclusion. Fraudulent activities affect the lives of innocent people, both directly through accidental or purposeful injury or damage, and indirectly causing insurance premiums to be higher and coverage availability to be limited
Walberg Law can assist insurance carriers in identifying and rejecting fraudulent claims. As your insurance fraud counsel, we work closely with insurance investigators and claims adjusters to investigate insurance claims. Our work includes initial file evaluation, identification of necessary document investigation, assisting in pursuit of additional avenues of investigation, composing immunity requests, conducting and summarizing EUOs, providing comprehensive claim evaluations and recommendations for further handling and claims decisions.
Where an insured is charged with criminal insurance fraud, the firm works closely with prosecutors to ensure justice is served.
Walberg Law also provides education and training for insurance investigators, including in-house seminars, ongoing updates concerning significant legal developments in the area, and consults on routine (and not so routine) legal questions.
Trial attorneys who prosecute their own appeals may have ‘tunnel vision’. Having tried the case themselves, they may become convinced of the merits of their cause. They may lose objectivity and may be well served by consulting and taking the advice of disinterested members of the bar schooled in appellate practice. Estate of Gilkson, 65 Cal.App. 4th 1443 (1998)
As veteran practitioners before the Colorado and Federal Appellate Courts, Walberg Law knows what motivates an appellate court to make a decision in your favor. Walberg Law understands the appellate procedure and practices and can help the appellate court understand why it should uphold your verdict or reverse an unfavorable one.
Palmer v Diaz
Farmers v Allstate
Rocha v Financial Indemnity Corp
Parsons v Allstate
Sulca v Allstate
Bengtson v USAA
Foster v Phillips
IT Specialty Risk Services v Avis
Avis v Allstate
Allstate v Williston
National Casualty v Great Southwest Fire
Keely v Allstate
Little v Fellman
Voight v Colorado Mountain Club
Danielson v Zoning Board of Commerce City
Flatiron Paving v Great Southwest
Halliburton v Public Service
McAlonan v U.S. Home Corp
Allstate v Moser
Keith v Ja
Weaver v Blake
Loughridge v Chiles Power Supply
Allstate v Murray motor
Hidalgo v Fagen
Roth v American Hospital Supply
McHargue v Stokes
Rex v Teeples
C&M Towing v Redlands Ins Company
Schroeder v Allstate
Walberg Law, PLLC
Wendy’s scholarly inclinations have shaped her areas of practice specialty. Her University and Law School degrees are graced with accolades and citations from honorary societies. Since that time, she has practiced before the state and federal courts with a focus on complex legal matters, including declaratory judgment actions, insurance coverage issues, and appeals.
Wendy is recognized as a specialist in assisting insurance carriers with insurance fraud and general claims investigation, claims handling, coverage evaluations and examinations under oath. She has served as Chapter counsel for the Rocky Mountain Association of Special Investigation Units since 2002 and has been selected as a speaker for the International IASIU conference on several occasions. She has employed her in-depth knowledge of coverage and insurance claims law to develop manuals, publish articles and present training to the industry in Colorado for the Denver Claims Association, the Colorado Defense Lawyers Association and the Rocky Mountain Chapter of IASIU.
Wendy has provided coverage, claims and fraud investigation advice to Allstate, Amica, California Casualty, Colorado Casualty, Cincinnati Insurance Company, CNA, Encompass , Esurance, GuideOne, The Hartford, Horrace Mann, Kemper Liberty Mutual, Metropolitan Property and Casualty (MetLife), QBE, Safeco, Secura, State Farm, Unitrin Specialty and USAA. After 30 years working in a general insurance defense practice, Wendy has chosen to focus on the areas of specialty that built her reputation. Now, at Walberg Allan, Wendy’s work focuses on insurance coverage, insurance fraud investigation and appeals.
1983 – 2013
Ms. Walberg began her legal career at the Walberg Law Offices and served as the managing shareholder from 1992 through 2013. Ms. Walberg’s practice emphasized complex legal matters, appeals, declaratory actions, coverage litigation and fraud investigation, including examinations under oath. She was and is frequently retained to provide evaluations, legal opinions and education regarding insurance coverage, defense obligations, carrier’s rights and potential fraud, and under all varieties of insurance policies.
University of Denver College of Law – Juris Doctor February 1983
University of Colorado, Boulder – Bachelor of Arts May 1980
Ms. Walberg writes and publishes comprehensive reviews of Colorado law on a regular basis. Seminar presentations in the areas of Uninsured Motorist Law, Insurance Claims Investigation and Bad Faith law have been accredited for continuing education in Colorado and by the State of Wyoming. The Colorado Lawyer, the Official Publication of the Colorado Bar Association, published her study of the impact of changes in the law concerning uninsured motorist coverage in 2008.
Katherine has years of commercial experience as corporate counsel, a commercial litigator, and the co-founder of a domestic and international insurance consulting company. Because of her hands-on experience in both the legal and business worlds, she has a deep understanding of legal issues and a solid appreciation of their potential business impact. She has handled hundreds of complex commercial insurance and reinsurance matters, argued seminal insurance issues before the Illinois Supreme Court and was lead insurer trial counsel before state and federal courts, arbitration panels and mediators across the country. As corporate counsel, she has advised on matters including business transactions, contracts, employment matters, governance, insurance and risk management.
Katherine has broad experience in the insurance industry as she has represented insurers, policyholders, reinsurers, retrocessionaires and cedents. Her experience is across all lines including liability, property, business interruption, cyber, environmental (remediation, hazardous waste, asbestos), professional services, D&O, E&O, event cancellation and excess. She has been involved in the insurance claim resolution of some of the largest disasters in the US (hurricanes Wilma and Katrina, fires and explosions), and other countries including New Zealand earthquakes and Australian cyclones.
Katherine has significant arbitration experience both as a party representative and a neutral. As a neutral she has been a panel member in complex commercial financial disputes, and a sole arbitrator in property insurance, commercial business and consumer matters. Katherine is a commercial neutral with the American Arbitration Association, an arbitrator with FINRA, a Fellow, Board and Executive Committee Member of the Certified Institute of Arbitrators headquartered in London (international arbitration), and a neutral with the International Institute of Conflict Prevention and Resolution.
In addition to her law degree, Katherine earned an MBA from The University of Chicago Booth School of Business studying in the U.S., Spain and Singapore. Katherine’s been named a Super Lawyer for numerous years. She received the Business Insurance Women to Watch Award, the Mercedes Mentor Award, the Women With Vision (Law) Award from the Women’s Bar Association and was recognized as a top negotiator at the University of Chicago.
Before Walberg Law, Katherine was an equity partner at a national law firm, served on its managing arm, and as chair of numerous committees. She later became an equity partner at a boutique firm, and co-founder of a consulting company with a joint venture in New Zealand, where she spent significant time.