For more than 40 years, the Insurance Coverage Team has regularly represented corporate policyholders in complex coverage disputes involving primary, umbrella, excess and Bermuda-form policies. The Insurance Coverage Team has litigated disputes arising under the products/completed operations clause and has secured funding for clients’ liabilities arising from (among other things) asbestos, silica, breast implants, treated wood products, roofing shingles and polybutylene plumbing systems.
The Coverage Team recently obtained summary judgment ordering a primary insurer to reimburse all costs insured by a company involved in asbestos litigation for over two decades, and defend the company, including under certain “lost” policies. In so doing, the New York court awarded the client its fees and costs in connection with the coverage suit.
We recently secured insurance for a client sued by community water districts, alleging that their water systems have been contaminated by a herbicide manufactured by the company.
The Coverage Team recently helped a major pharmaceutical company recover virtually all of its losses in connection with three “mass tort” pharmaceutical liabilities within months of filing suit against its insurers.
We also serve as lead counsel for the U.S. subsidiary of an international cement company. The firm tracks and analyzes the company’s ongoing silica and asbestos claims under complex claims services agreements, manages ongoing claims coverage issues with numerous insurers, and pursue insurance coverage in these and other matters for the policyholder client.
The Coverage Team won summary judgment that Liberty Mutual improperly exhausted Exel Inc.’s policy limits by making voluntary indemnity payments to an uncovered co-insured following a plant explosion in Corbin, Kentucky.
We recently helped Underwriters Laboratories Litigation resolve its asbestos insurance coverage claims against multiple carriers and preserve certain insurance assets to cover future claims.
Other litigated policyholder victories include decisions on stub policies, annualized limits, trigger of coverage and allocation of loss as well as the expected or intended, fraud and rescission defenses. In Owens-Illinois, Inc. v. United Ins. Co., for example, we convinced the New Jersey Supreme Court (among other things) to apply a continuous trigger of coverage to long-tail asbestos bodily injury and property damage losses. As a direct result of The Insurance Coverage Team’s efforts, the firm’s clients have recovered billions of dollars in insurance proceeds. The Team has had intensive involvement extending back twenty years with the key issues of trigger of policy coverage, allocation among policies, number of “occurrences,” and the defenses which insurers commonly advance to prevent recovery.