We have recovered over $40 billion for our clients.

Read our case studies to learn how.

Case Studies

Groundbreaking “Pass-Through” Plan In A Mass-Tort Bankruptcy
In one asbestos bankruptcy, we were able to secure settlements with virtually all of the debtor’s insurers, securing nearly $200 million for a post-bankruptcy trust.  One last insurer, however, refused to settle and, in a bid to increase its...

Environmental Coverage Litigation For Auto Parts Manufacturer
We represent an automobile parts manufacturer in a case seeking coverage for  the costs of environmental cleanup activities.  Issues include the question of which of several entities controls the coverage and whether coverage for the alleged...

Overturned Adverse Arbitration Ruling
We represented a client in a successful effort to overturn an adverse arbitration ruling on the basis that the arbitrators had exceeded their authority and the arbitration decision was not binding.

Favorable Ruling In Sixth Circuit On Multiple Occurrences
We obtained a favorable ruling from the United States Court of Appeals for the Sixth Circuit, in a ruling from the bench directly after oral argument, on behalf of a client in the automotive parts industry whose manufactured products were alleged to...

Groundbreaking Preemption Argument
In a major asbestos-related bankruptcy, the insurers argued that a plan of reorganization that transferred rights to insurance proceeds to an asbestos trust constituted a breach of their insurance policies’ anti-assignment and cooperation...

Policyholder Representative In Insurer Insolvencies
Our attorneys have served on numerous creditors’ committees overseeing liquidators and administrators of insolvent U.K. and U.S. insurers.  These committees have been critical in protecting policyholder interests by maximizing the reinsurance...

D&O Coverage For Non-Profit’s Cost Of Successful Defense in IRS Proceeding
We represent a not-for-profit corporation and one of its directors and officers in pursuing coverage for losses incurred in successfully defending an administrative proceeding brought by the IRS.  Although the clients obtained a favorable...

Insurance Proceeds To Facilitate Settlement Of Claims Against Directors And Officers
We assisted the directors and officers of a telecommunications company in securing payment of insurance proceeds for breach-of-duty and other claims to facilitate an overall settlement of those claims.

No-Aggregate Coverage
We represented an asbestos trust that was the successor to one of the largest asbestos defendants in the United States.  Although the company had been primarily a manufacturer and seller of asbestos-containing materials, it also maintained...

First Major Asbestos-Related Prepackaged Bankruptcy Case
Our client was a small, closely held insulation contracting company facing tens of thousands of asbestos-related bodily injury claims.  Although it had substantial, potentially unlimited, insurance coverage, its insurers were in breach of their...

Cyber Attack On Client’s Data Systems
One of our attorneys was a key responder to a cyber attack on a major financial institution’s data warehouse systems.  She partnered with the in-house technology security team to resolve and investigate the attack, and to protect the...

Multiple Alternative Dispute Resolution Proceedings Regarding Application Of Asbestos-Related Exclusions
We represented an asbestos trust in six alternative dispute resolution proceedings regarding multiple insurers' assertions that exclusions written in terms of the single disease, "asbestosis," applied to exclude coverage for all asbestos-related...

Landmark Insurance Verdict In Food-Contamination Coverage Case
We secured a pair of favorable rulings in the Delaware Supreme Court in a landmark food-contamination coverage case involving mass-tort bodily injury claims arising from an allegedly tainted food product - one establishing that policy language that...

Creation Of Special-Purpose Insurance Policy
Our attorneys negotiated and drafted an excess-of-loss insurance policy that covered several hundred million dollars of asbestos liability above a substantial retention, assuring the financial markets that the client's asbestos liability was...

Risk Management Due Diligence For Private Equity Firm’s Potential Acquisitions
We represented a private equity firm as risk management due diligence counsel to review and report on all aspects of potential exposures and available risk transfer mechanisms for payment of those exposures, including the available insurance...

Leading Precedent Limiting Insurer Standing In Asbestos Bankruptcy Cases
A group of insurance companies asserted a series of objections and other motions in an asbestos-related bankruptcy of one of our client's subsidiaries.  Because the plan that the debtor proposed had provisions to protect any insurer rights after...

Corporate Restructuring
Our attorneys were insurance and risk management counsel to a public company with significant mass tort liability.  Working with co-counsel, we were instrumental in proposing and implementing a successful corporate restructuring plan that...

University’s First-Party Coverage Claim Arising Out Of Fire Damage
We represented a private university in securing coverage for property damage caused by a significant fire.  We secured millions of dollars for our client without litigation.

Reversal Of Coverage Denial Without Litigation
Our lawyers represented a utilities cooperative facing a series of qui tam and other actions.  Its insurer had denied coverage on the basis that these actions allegedly arose out of professional services provided by the client.  Without initiating...

First-Party Coverage For Major Oil Spills
Our lawyers represented clients on claims arising out of major oil spills, including the Exxon Valdez and Deepwater Horizon matters.

Risk Mitigation Strategy For Up-And-Coming Food Manufacturer
A quickly growing mid-cap food manufacturer came to us concerned that its insurance portfolio would not provide it adequate protection against the unique risks arising from its food business.  We conducted a detailed risk evaluation for the...

Coverage For Installation Activities Of A Product Manufacturer
We represented a creditors' committee in a bankruptcy case where the debtor's principal business was the manufacturing of asbestos-containing products.  Our investigation revealed that, in addition to the debtor's manufacturing business, the debtor...

No-Aggregate Coverage
We represented an asbestos trust in a pair of cases in federal court.  These cases represented the culmination of over 25 years of negotiation, mediation, arbitration, and litigation in courts across the country.  As in other non-products...

Made “Mediation Lemonade” Out Of A “Lemon” Stay
When our client’s coverage action against more than a dozen insurers responsible for over one billion dollars in coverage limits was stayed in favor of a two-insurer action in another state court, we initiated a unilateral mediation program that...

Risk Management Due Diligence
We represented a Fortune 50 Company in risk management-related due diligence related to a multi-billion-dollar acquisition.  We were responsible for reviewing and reporting on all aspects of product liability and potential directors’ and...

Multi-Party Insurance And Claims-Handling Settlement
One of our attorneys was the chief policyholder negotiator for one of the largest insurance settlements in history, the June 1985 Agreement Concerning Asbestos-Related Claims, commonly known as the Wellington Agreement.  Among other things, the...

Expert Retention Regarding Coverage For Diacetyl Claims In A Major Bankruptcy
One of our attorneys served an expert to value the insurance coverage potentially available to a bankrupt chemical company for diacetyl-related claims.  By providing a detailed analysis of the coverage available and the potential hurdles to...

E&O Coverage For A Class Action Relating To The Collection Of Deficiency Balances On Auto Loans
We obtained insurance coverage for expenditures made in connection with a consumer class action brought against a major automotive client, which was accused of improper practices in the collection of delinquent auto loan payments.  The client,...

Resolution Of Coverage Disputed To Avoid Bankruptcy
We represented a small closely-held insulation and roofing contracting company that was facing bankruptcy as a result of its asbestos-related liabilities.  In helping to ensure the company's continued survival, we undertook a multi-faceted approach...

Major E&O Recovery
We were insurance counsel to a post-bankruptcy trustee and were instrumental in recovering nearly $50 million in E&O (errors and omissions) insurance coverage. When one of our settlements was challenged in court by another insured, we helped resolve...

Mass-Tort Bankruptcy And Coverage Case
When a group of insurers objecting to our client’s bankruptcy plan of reorganization refused to engage in good-faith negotiations to resolve the objections, we retained a mediator, scheduled a mediation, and invited the insurers to...

Groundbreaking “Pass Through” Settlement Agreement
Our lawyers negotiated commitments to pay in excess of one hundred million dollars on behalf of a mass-tort claimants’ committee in bankruptcy.  When faced with a single remaining recalcitrant insurer that threatened to uphold confirmation,...

Three-Corner Settlements
We developed and implemented an innovative settlement structure under which our clients sold agreed payment streams from their insurers to third-party investors in return for lump-sum payments to the clients which could be used to fund the...

Insurance And Risk Management Counsel For Private Equity Acquisition
We were insurance and risk management counsel to a public company with significant mass tort liability.  Working with co-counsel, we were responsible for all aspects of the insurance and risk management aspects of the acquisition of our client by a...

D&O Coverage For Shareholder Lawsuits Regarding Client’s Merger With A Former Competitor
Our client was facing shareholder class actions based on its merger with a former competitor in the same industry.  The lawsuits alleged a lack of adequate pre-merger disclosures to the client’s shareholders regarding the proposed merger. After...

Merger Of Food Company’s Insurance Portfolio With The Policies Of A Recently Acquired Company
When a major food manufacturer acquired one of its rivals, we assisted the company to renew its policies to maximize the coverage afforded to both companies.  We reviewed the recall policies that each company had maintained and then assisted the...

Insurance, Risk Transfer Mechanisms, And Exposure Audit In Corporate Restructuring
Our attorneys provided advice to a Fortune 500 company related to insurance and risk transfer mechanisms and corporate exposures in connection with the spin-off of a significant percentage of its business.  This advice and subsequent corporate...

London Schemes Of Arrangement
Our attorneys represented policyholder interests in negotiating the terms of schemes of arrangement (liquidation plans) for insolvent insurers in the London insurance market in the early 1990s, creating structures to process and pay billions of...

Non-Products Coverage Based On Supervision Of Installation Activities
For a future claimants' representative in an asbestos bankruptcy, we established that a company that previously had been considered a product manufacturer also had undertaken supervision of the installation of its asbestos-containing products. ...

Resolution Of Medical Implant Claims In Bankruptcy Case
We led settlement negotiations that resolved class action cases asserting thousands of medical implant claims pending in 3 different Canadian provinces against a US company in bankruptcy.  To resolve the Canadian claims where local law provided no...

Coverage For Chemical Company’s Lead Paint Lawsuits
We successfully pursued insurance coverage on behalf of a chemical company that was incurring enormous litigation costs defending lawsuits around the country related to the historical use of lead pigment and lead-based paint.  The client, whose...

Sandy-Related Coverage
We have advised a number of insureds regarding coverage issues related to Superstorm Sandy, including the availability of separate coverage limits for property damage and business interruption losses, and coverage resulting from power shut-downs...

Groundbreaking Discovery Ruling Requiring Insurer To Turn Over Lawyer’s Files
We secured a ruling in federal court litigation requiring a D&O insurer to produce all of its attorneys’ files in connection with its investigation and analysis of our client’s coverage claim.  The insurer had refused to produce the files,...

$80 Million Fund To Pay Sexual Abuse Claims Brought Against Catholic Diocese
We were insurance counsel to a class of claimants who brought sexual abuse claims against a Catholic diocese for negligent supervision of its employees.  We worked with representatives of the class and representatives of the Diocese to negotiate a...

Major E&O Recovery
We served as insurance  counsel to a corporation that was a defendant in three class action lawsuits alleging thousands of violations of various provisions of the Fair Credit Reporting Act.  Without even filing a lawsuit, we negotiated $25...

Advice And Strategic Counseling Regarding Property Damage, Business Interruption, And Extra Expense Coverage
We have represented numerous entities, including large and small companies, regarding the protection afforded by their insurance policies for property damage, business interruption, and extra expense, among other things.

Hundred-Million-Dollar Mortgage Fraud Dispute
One of our attorneys successfully resolved litigations and disputes with 26 separate credit unions, concerning over one hundred million dollars of fraudulent mortgage assignments.  The lawsuits concerned the unauthorized sale into the secondary...

$425 Million In Product Liability Coverage
As insurance counsel to a Fortune 50 company, we negotiated a $425 million insurance settlement with a group of twelve insurers related to multiple streams of product liability claims. This settlement provided a ten-year payment stream to be...

Hundreds Of Millions In Coverage To Secure Exit Financing
We represented a debtor in a mass-tort related bankruptcy that faced significant time pressure to reach confirmation to comply with its DIP (debtor-in-possession) lender’s requirement to maintain favorable financing.  Over a dozen of the...

Asbestos Coverage Litigation For Auto Parts Manufacturer
We are currently representing an automobile parts manufacturer in litigation against its insurers seeking coverage for thousands of tort claims alleging personal injury from exposure to asbestos-containing brakes, clutches, and transmissions. ...

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