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Insurance Coverage and Disputes for the Cannabis Industry
Cutting Through the Complexity
We help companies navigate and litigate cannabis insurance coverage issues.
Contact UsCannabis Insurance Help
Legal representation in disputes with insurers has become paramount for cannabis companies in an ever-expanding operational environment. Cannabis companies may seek to insure against risk of loss as a result of challenges such as unexpected fires, crop protection, business interruption, or adverse consumer reactions to products. In many instances, cannabis companies are even required to insure against such losses in connection with obtaining and maintaining a marijuana license.
Since 2010, Harris Sliwoski has been helping businesses navigate rapidly evolving cannabis regulation and policy, and our cannabis insurance coverage attorneys advise clients on what coverage, if any, they may have 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 counselors can review your insurance program and advise which coverages may apply, as well as which coverages may not. Coverage counselors 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, Harris Sliwoski’s coverage attorneys can help you identify the best strategy for you to collect under your policies.
Our coverage counselors also represent cannabis companies in 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.
In some jurisdictions (e.g. in Washington state, via the Insurance Fair Conduct Act), legislation provides cannabis companies in insurance disputes with other statutory remedies, even including payment of attorneys’ fees and the costs of litigation if you succeed in your claims against your insurer. The Act delineates several unfair practices specific to the insurance business. Under the Act, insurers have a duty to promptly investigate your claim, fairly settle the claim if coverage is available, and otherwise act in good faith. You must take several procedural steps to protect your rights under this statute, and our insurance coverage team has the knowledge and experience to maximize your recovery.
Why Us?
Harris Sliwoski’s cannabis attorneys are recognized national leaders at the forefront of the cannabis industry, and our cannabis insurance coverage team has extensive experience representing both insurers and policyholders. We have advocated on behalf of both sides and know cannabis insurance playbooks inside and out.
Our cannabis insurance coverage services include:
- Underwriting advice
- Insurance disputes and coverage claims
- Mediation and arbitration
- Litigation
- Appeals
AWARD-WINNING
CANNA LAW BLOG
An intelligent, timely resource for the cannabis industry
Beyond advising individual businesses, our cannabis attorneys are committed to fortifying, defending, and building credibility for the industry as a whole. Harris Sliwoski’s cannabis business lawyers are more than legal strategists—they are thought leaders: forward-thinking bloggers, educators, writers, and speakers.
They regularly write articles for legal journals and frequently post to our acclaimed and widely followed Canna Law Blog. We speak to business and trade groups, academic institutions, and government bodies on a variety of cannabis legal issues, and our cannabis lawyers are frequently quoted by global, national, and local media outlets. We also have compiled (and are forever adding to) a Cannabis Glossary, to help with industry terminology.
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Our Clients' Successes
“Harris Sliwoski expertly guided us through the formation of our company. They continue to assist with necessary registrations and compliance with numerous regulations. They were able to promptly answer all our many questions and provide understandable options, explanations and practical advice. We expect to continue to use Harris Sliwoski on a regular basis as our company expands. They were also able to introduce us other professional experts. We would not hesitate to recommend Harris Sliwoski to any companies in need of legal advice.”
Three Continents Foods LLC
This law firm was a huge help as our company went through the process of commercial licensing in the California cannabis industry. They have helped us with a variety of legal issues in a timely fashion, while clearly communicating with us throughout the process. Everyone we’ve worked with at Harris Sliwoski is an expert in their field and we have always felt that we were in good hands through our legal representation.
Wil Crummer, CEO PRO Farms
Legal stuff is always scary. And I’ve had to play offense a couple times, begrudgingly. To have Harris Sliwoski have my back? It made things a lot less prickly. They quickly walked me through my options, and were refreshingly consistent in their communications, timing and billing. I’ve been lucky to stay out of the legal side of things my whole career, thankfully. When things went a little wrong, Harris Sliwoski quickly made things right.
Aaron Draplin, Founder Draplin Design Co.
I am impressed with this law firm. They answered all my questions regarding cannabis businesses and the California cannabis framework, and they have helped me with a variety of legal issues in a timely fashion, while always clearly communicating with us throughout the process. They also redirected me to other quality people for my business needs. Everyone I worked with at Harris Sliwoski is an expert in their field, and I was in good hands throughout my legal representation.
Corey T., CEO Thinc Cubed, LLC
I have been working with the lawyers at Harris Sliwoski for more than 20 years both as a business owner and as an executive at a large east-coast health system and that is because they have always efficiently provided high level and clear international law advice. Most recently, Harris Sliwoski provided legal support on many matters related to procuring medical products worldwide. Their support was particularly helpful to during the onset of COVID, when there was a big need for securing PPE quickly, all while navigating complicated international and domestic legal requirements. Harris Sliwoski’s team of international lawyers helped by conducting rapid-fire due diligence on potential suppliers, navigating the legal logistics for getting product from overseas and through U.S. customs, and drafting contracts to protect against various sorts of horribles. They did this by essentially providing what amounted to 24/7 service. I cannot recommend them highly enough.
Dan Pak Hospital Supply Chain Executive
Harris Sliwoski has represented our company in the legal cannabis industry for years. Harris Sliwoski has advised us in a wide variety of legal matters, and they are truly experts in their field. I would highly recommend Harris Sliwoski to anyone with questions about cannabis law, or any legal matters. They have been great for our Company, and will continue to guide us as our industry evolves
Matt Hurt, COO Cannabis Nation
You won’t find a better partner than Harris Sliwoski when trying to navigate the complex world of healthcare regulations. They not only give sound and reliable legal advice, but they are also very responsive and are able to guide you in a way that helps you reach your business objectives as well.
Joseph Axelrod, General Counsel Irwin Naturals
When we started the process of building a ‘seed to sale’ cannabis company in Oregon, we saw the need for expert legal counsel. The cannabis sector is fraught with potential peril at every turn, and we wanted the best legal advice we could find. After talking to several firms and individuals, we feel extremely fortunate to have chosen Harris Sliwoski as our legal counsel.
Tony Theiss, CEO and Co-Founder Redbarn Cannabis
We use Harris Sliwoski on all our international legal matters, including on our international litigation matters. We have over the last few years been involved in a couple big international legal disputes and Harris Sliwoski’s international dispute resolution team provided us with expert legal assistance on both matters. They were always very careful to explain to us what they were doing and why and what their actions would likely cost us in legal fees. Most importantly, we did extremely well on both cases and I have no doubt Harris Sliwoski was a big factor in that.
Kevin English, CEO We Are Camp
We have used Harris Sliwoski for legal help related to our international manufacturing. The lawyers with whom I worked had extensive familiarity with the international legal issues involved in our various projects and offered us key insights. I particularly appreciated how they always quickly and efficiently do what they say they will do and always within their cost estimates.
Andrea Barona Valladolid, Senior Legal Counsel Fairphone
We do tough. We do bold.
We do innovative.