Insurance: advice to policyholders in United States
The New York-based team at Anderson Kill PC exclusively represents policyholders in coverage disputes. Particular areas of strength are environmental, toxic tort, and asbestos liability. Robert Horkovich represented the Port Authority of New York and New Jersey in appellate court in litigation relating to asbestos claims dating back to the construction of the original World Trade Center. Horkovich jointly heads the practice with William Passannante, who represents corporate policyholders and educational and governmental institutions. Other areas of expertise for the team include D&O, data breaches and cyber risks, product liability, professional liability, white-collar crime, property losses, and business interruption losses. Raymond Mascia is also recommended and has extensive experience in professional liability and property insurance disputes.
Other key lawyers:
‘The team is the premier firm in NJ for the representation of insureds’
Port Authority of New York and New Jersey
WRG Asbestos PI Trust
San Diego Unified Port District
NYU Langone Hospitals
Nationwide Railroad (liability policies)
Nationwide Railroad (property policies)
Star Indemnity / CRF Frozen Foods
Valley National Bank
- Represented the WRG Asbestos Trust in an action with a value of $50m commenced by Resolute-run insurance companies. Already successfully obtained $556m in insurance assets transferred to the Trust.
- Represented the San Diego Unified Port District in its successful pursuit of liability insurance coverage to help clean up the Port of San Diego arising from claims and suits.
- Represented the Committee of Asbestos Personal Injury Claimants and the Future Claimants’ Representative in the Kaiser Gypsum Company asbestos bankruptcy, advising how best to secure over $1bn in insurance coverage that will be used to fund payments to claimants.
- Represented AlixPartners in an insurance company’s attempt to claw back defense costs already paid.
- Represented Sonneborn, a leading manufacturer and supplier of high-purity specialty hydrocarbons and vegetable-based emollients, in an insurance coverage action against several insurance companies, seeking $10m for losses resulting from a refinery fire.
Blank Rome LLP’s insurance team has extensive experience in speciality insurance areas, including transactional, crime, product contamination, bankruptcy, business conduct liabilities, cybersecurity, and political risk. A particular strength is in sexual abuse liability and, to date, the practice has recovered more than $1bn in insurance proceeds in sex abuse cases. Practice chair James Murray, in Washington DC, and New York-based Jared Zola are currently representing the Archdiocese of New York in an insurance coverage lawsuit against more than 30 of its historical general liability insurers. The Archdiocese is expected to face hundreds of millions of dollars of alleged liabilities. Linda Kornfeld jointly vice chairs the group from Los Angeles along with John Gibbons in Washington DC. Mary Craig Calkins in Los Angeles and Helen Michael in Washington DC joined from Kilpatrick Townsend & Stockton. Kyle Brinkman, based in Washington DC, was promoted to partner.
Other key lawyers:
Diocese of Duluth and New Ulm (Minnesota)
Chiquita Brands International
Cottage Health Systems
Vantage / EDF Trading
Pennsylvania State University
National Strength & Conditioning Association
North American Automotive Services
Athene USA Corporation
The Rockefeller University
Cushman & Wakefield
- Represented Pennsylvania State University in its insurance recovery efforts for amounts spent responding to the Sandusky sexual misconduct claims.
- Representing several Catholic dioceses and archdioceses in obtaining insurance coverage for historical sexual abuse claims.
- Representing Yucaipa, a premier private equity investment firm, in directors’ and officers’ liability insurance coverage litigation related to bankruptcy of one of Yucaipa’s portfolio companies.
- Representing Vantage Commodities Financial Services in collection dispute against Willis and Reinsurers for a $26m+ judgment for a credit risk insurance loss stemming from retail energy company’s bankruptcy and failure to repay more than $60m of credit extended to it.
- Representing the Kaiser Gypsum Unsecured Creditors Committee in obtaining insurance recovery related to Kaiser Gypsum’s alleged environmental contamination, asbestos claims, and bankruptcy.
Jenner & Block LLP advises on general, professional, D&O and product liability, and also has a background in coverage claims involving fire, flood, aviation, windstorms, kidnapping and ransom, cyber risks, property damage, and business interruption. The practice is particularly well-regarded for its experience with complex insurance programs involving multiple insurers and risks. Joint practice heads John Mathias and David Kroeger in Chicago, together with Jan Larson in Washington DC, represented Mondelēz International in a dispute with Zurich American Insurance over coverage for more than $100m in losses caused by NotPetya computer malware. Washington DC-based Brian Scarbrough also jointly heads the practice, and has a niche in cyber and cryptocurrency liability.
‘Jan Larson was smart, extremely focused on the issues, passionate about our project, and an expert in the field’
The Partnership for Resilient Communities (TPRC)
- Represented Olin Corporation in a jury trial against its excess insurer OneBeacon America Insurance as to insurance coverage for costs incurred at five environmental sites.
Jones Day is well-regarded for its pre-litigation claims advocacy, and has experience pursuing insurance claims arising from sensitive matters such as data breaches, natural disasters, political campaigns, sexual misconduct claims, #metoo issues, and high profile financial losses. The practice also handles commercial insurance coverage in jurisdictions around the world. Practice head Tyrone Childress, who is based in Los Angeles, represented Los Angeles Unified School District in its pursuit of indemnity and defense coverage for hundreds of underlying sexual abuse claims. Craig Hirsch, also based in Los Angeles, assisted. From the San Francisco office, Richard DeNatale advised Sony Pictures Entertainment on coverage claims against ten insurers arising from a cyberattack. The team also has an office in New York.
‘Depth and breadth of experience is absolute top shelf’
Astellas US Holding and Astellas Pharma US
Kleen Energy Systems
Los Angeles Unified School District
Madelaine Chocolate Novelties
MF Global Holdings
Sony Pictures Entertainment
- Represented the Sherwin-Williams Company in seeking recovery of a settlement of over $100m with the People of California after being found liable for assisting in the creation of a public nuisance by promoting lead paint for interior use.
- Represented Astellas in seeking reimbusement for the cost of defending and settling claims brought by the Department of Justice under the False Claims Act.
- Represented Twin River in coverage litigation seeking reimbursment for the cost of settling potential liabilities arising out of diect and derivative claims filed by shareholders.
- Represented Madelaine Chocolate regarding insurance coverage for property/business interruption losses in excess of $50m following Hurricane Sandy.
- Represented Lumber Liquidators against four umbrella and excess insurers seeking defense and indemnity for the settlement of a proceeding regarding alleged formaldehyde emissions from flooring products.
The New York-based practice at McKool Smith handles insurance disputes stemming from storm damage, corporate reorganizations, and legal fee recoveries, among other matters such as personal injury, property damage and pollution claims, and Medicaid fraud. Team lead Robin Cohen represented Pfizer in litigation to recover more than $50m under three towers of D&O insurance for underlying claims, with assistance from Marc Ladd and Adam Ziffer. Keith McKenna assisted Cohen in securing coverage for approximately $50m in defense costs for Verizon following breach of fiduciary duty and fraudulent transfer claims. ‘Relentless advocate’ Kenneth Frenchman is also recommended.
‘Kenneth Frenchman is a relentless advocate’
Philadelphia Energy Solutions
Conduent State Healthcare
AECOM and Hunt Construction
The Associated Press
SS&C Technologies Holdings
- Represented New Jersey Transit Corporation seeking up to $400m in insurance coverage following Hurricane Sandy.
- Represented Philadelphia Energy Solutions in recovering insurance assets following bankruptcy in connection with a catastrophic refinery explosion.
- Represented Conduent State Healthcare in seeking to recoup a $236m settlement reached with the State of Texas over Medicaid fraud claims.
- Represented Teachers Insurance & Annuity Association of America in a coverage action arising out of three class actions alleging wrongdoing in connection with investment management operations.
- Represented AR Capital in seeking over $70m in costs incurred in defending against an investor class action and a regulatory investigation.
Reed Smith LLP
Reed Smith LLP’s insurance recovery practice has handled matters with underlying coverage issues involving property, general liability, professional liability, and product recall. The team has offices in Los Angeles, San Francisco, Chicago, New York, Washington DC, Philadelphia, and Miami. David Halbreich in Los Angeles heads the group. Other key names include John Shugrue and John Vishneski in Chicago.
Covington & Burling LLP
The insurance recovery team at Covington & Burling LLP is experienced in exposures arising from mass-tort liabilities, property and business interruption losses, marine, and D&O claims. Benedict Lenhart and Mitchell Dolin, both based in Washington DC, co-chair the practice, which also has partners in New York and San Francisco.
The Pittsburgh-based insurance recovery practice at K&L Gates has a strong track record in handling asbestos coverage settlements. Other key areas of work include claims involving bad faith damages, advertising and personal injury defense coverage, secondary recall losses, and liabilities under property policies. David McGonigle jointly heads the team with Sarah Turpin who is in London. McGonigle recently represented PPG in connection with bankruptcy proceedings encompassing an asbestos bankruptcy settlement valued in excess of $3bn. Thomas Birsic, also based in Pittsburgh, advised Halliburton Company on insurance coverage arising out of the Deepwater Horizon oil spill.
Duke Energy Corporation
Kaiser Gypsum Company and Hanson Permanente Cement
Westlake Chemical Corporation
The Roman Catholic Diocese of Erie
King County, Washington
- Represented Arconic in its efforts to obtain coverage for asbestos lawsuits arising from the World Trade Center construction.
- Represented Duke Energy Corporation in its attempts to obtain insurance coverage for the environmental clean-up costs at two former manufactured gas plant sites in Cincinnati.
- Represented Vibram in an insurance coverage lawsuit arising from an underlying case in which Vibram was accused of improperly marketing a running shoe using a deceased Olympic marathon champion’s name.
- Represented Kaiser Gypsum Company in insurance coverage action arising from environmental property damage liability claims at sites in Oregon and Washington.
- Represented Westlake Chemical Corporation in litigation involving property insurance coverage for a major loss event arising from a chlorine tank rupture at a facility in West Virginia.
Latham & Watkins LLP has a broad practice, with extensive experience in major commercial insurance lines as well as in many specialty coverage areas. Those areas include business interruption and property losses, professional liability, product liability, environmental liability, cyber risk, and transactional insurance. David Barrett leads the team from Washington DC and focuses on the negotiation of custom insurance products in addition to insurance coverage matters. In San Diego, Brook Roberts and John Wilson, with assistance from Drew Gardiner, represented Montrose Chemical Corporation in a coverage action arising from Montrose’s former DDT manufacturing operations in California, seeking over $100m of excess indemnity coverage. Robert Gilbert heads the Boston office, which launched in 2018. Since publication
‘Responsive, knowledgeable, focused’
‘Latham has a strong team across the US, with very deep policyholder advocacy skills’
‘Drew Gardiner provides excellent guidance on complex insurance matters’
National Collegiate Athletic Association
Montrose Chemical Corporation of California
Michigan State University
National Football League Players Association (NFLPA)
Toyota Motor Sales USA
Northland Investment Corporation
Emerson Electric Company
The Carlyle Group
- Represented engineering construction company Fluor in a claim potentially involving over $1bn of damages arising from underlying lawsuits alleging property damage and bodily injury arsing from exposure to lead.
- Represented the NCAA in its attempts to obtain coverage for a proposed $75m medical monitoring settlement.
- Represented Michigan State University in connection with insurance coverage litigation arising from Larry Nassar-related sexual abuse claims.
- Advised the National Football League Players Association on devising a lockout insurance policy in connection with players’ collective bargaining agreements.
- Represented Toyota in its pursuit of insurance coverage associated with contaminated sediments at the Portland Harbor Superfund Site.
Morgan, Lewis & Bockius LLP is well-regarded for its handling of coverage issues regarding historic general liability insurance programs for mass torts, including suits involving asbestos-related bodily injury, environmental exposures, and medical devices. A niche area of expertise is in coverage of bankruptcy trusts for pending and future asbestos liabilities. Other areas of work include general liability and property policies, product liability legislation related to opioid crisis, and insurer insolvency litigation. The firm also has an active captive practice. Paul Zevnik chairs the department and is based in both Washington DC and Los Angeles. Michel Horton in Los Angeles and Daniel Chefitz in Washington DC are experienced in long-tail asbestos claims. Chefitz specialises in captive insurance matters.
Western Asbestos Settlement Trust
Schnitzer Steel Industries / MMGL
Columbia Gas of Massachusetts
Greenleeds /Grinnell /Johnson Controls /GSF Management
Zimmer Biomet Holdings
PepsiCo / Pepsi-Cola Metropolitan Bottling Company
Ansul /Chemguard /Johnson Controls
- Represented NSource in its efforts to recover loss from an over-pressurization gas event in the Merrimack Valley, Massachusetts.
- Represented Rite Aid in a lawsuit seeking recovery of costs arising out of lawsuits brought for damages resulting from the alleged distribution and sale of opioid drugs.
- Represented ITT in coverage litigation seeking $1.65bn in excess coverage for product liabilities.
- Represented Western Asbestos Settlement Trust in insurance recovery efforts involving bankruptcy, insurance, and state insurance guaranty law.
- Represented Schnitzer Steel Industries in insurance recovery efforts for the Portland Harbor Superfund Site.
The ‘ultra-creative’ team at Pillsbury Winthrop Shaw Pittman LLP is best known for coverage litigation arising out of environmental and energy, product liability, and D&O claims. Peter Gillon, who co-chairs the practice from Washington DC, advised AmTrust in negotiating with three D&O insurance ‘towers’ to resolve coverage claims including securities class actions and merger objection claims. Other key areas of work include disputes related to construction, natural disasters, property damage and business interruption, and cybersecurity. Joseph Jean, who leads the firm’s New York group, represented NYU in its Hurricane Sandy catastrophe claim. Robert Wallan, based in Los Angeles, co-chairs the practice and is experienced in advising companies sued in California for violating wage and hour laws.
‘Partners here are ultra-creative in their analysis’
California Public Employees’ Retirement System (CalPERS), Wilshire Vermont Housing Partners
Banc of California
Smart & Final
Stanford University and Hospitals
Sony Interactive Entertainment
Rayonier Applied Materials
Lenny & Larry’s
Engineered Systems Alliance
SFI (Shimmick/FCC/Salini-Impregilo joint venture)
Rio Tinto Alcan
CITGO Petroleum Corporation
American Electric Power Company
LF Driscoll – a StructureTone company
- Advised Solera Holdings on the potential for coverage under a Delaware statute which created a process by which a company’s shareholders may challenge the price paid for their shares in a sale or merger and obtain an appraisal of their fair value.
- Represented Victaulic in an insurance coverage matter against three AIG entities.
- Represented Fluidmaster in insurance coverage and bad faith litigation in California Judicial Council Coordination Proceedings based on product liability class actions.
- Represented Wiltshire Vermont Housing Partners in coverage litigation seeking recovery of property damage claims.
- Represented Duke Energy in a lawsuit seeking coverage for underlying environmental claims.
Proskauer Rose LLP’s insurance team is recommended for its ‘practical advice and excellent responsiveness’ and its ‘in-depth knowledge of the insurance industry across multiple lines of insurance.’ Those lines include general liability, D&O, property damage and business interruption, fiduciary liability, and commercial insurance such as financial guaranty insurance. The practice is best known for representing private equity and hedge fund firms. In this area John Failla, assisted by Nathan Lander, represented Sycamore Partners in a coverage dispute related to its investments in portfolio company Nine West. Seth Schafler has extensive experience in D&O and E&O coverage. Marc Rosenthal, based in Chicago, co-heads the practice with Failla. All other named lawyers are based in New York.
‘John Failla is incredibly dedicated and accessible. He had great, unique suggestions on how to best expedite a resolution’
‘Seth Schafler has a demonstrated ability to bring creativity and a different perspective to his cases, often finding coverage for clients where they didn’t think it existed’
‘In-depth knowledge of insurance industry across multiple lines of insurance’
‘Practical advice and excellent responsiveness’
Valeant Pharmaceuticals International (now known as Bausch Health)
Financial Oversight Management Board of Puerto Rico
Sycamore Partners Management
The Metropolitan Opera
Union Carbide Corporation
- Represented Valeant in coverage litigation against its D&O insurers to cover securities litigation regarding its failed tender offer to acquire Allergan, stock drop litigations, and regulatory matters.
- Advised JPMorgan in a coverage dispute arising from a settlement agreement of claims involving late trading and market timing in mutual funds.
- Represented AAC Holdings in its efforts to obtain coverage under D&O policies to cover securities class-action litigation, shareholder derivative actions, and other investor claims.
- Represented Overstock in connection with structuring and negotiating its insurance programs and in seeking recovery for claims under its D&O insurance.
- Advised Union Carbide Corporation on coverage litigation for recovery related to asbestos bodily injury claims.
Hunton Andrews Kurth LLP has a strong record in first-party property and business-interruption losses, with a particular niche in work for hospitality and travel industry clients. Walter Andrews, who leads the team from Miami, advised Royal Caribbean Cruise Lines on insurance coverage. Another key area of work lies in representing energy industry insureds in coverage matters arising from facility accidents. The practice also has experience in third-party liability cases involving bodily injury claims, toxic tort claims, and environmental clean-ups and damages. Lorelie Masters, based in Washington DC, is an expert in product liability, fiduciary liability, and cyber insurance. The group also has an office in Atlanta.
‘Lorelie Masters is one of the leading experts on policyholders’ law in the United States’
Blue Cross Blue Shield of Michigan
Inland Private Capital
Ranger Construction Industries
Empire Generating Company
Royal Caribbean Cruise Lines
The Children’s Place
Stonepeak Infrastructure Partners
A national drive-thru restaurant chain
- Represented Blue Cross Blue Shield as coverage counsel with respect to antitrust litigation.
- Represented HIG Capital in litigation over coverage of two investigations and actions by the UK Pensions Regulator.
- Represented Inland Private Capital in a first-party insurance dispute arising from the defective construction of a student housing facility.
- Represented Ranger Construction Industries in coverage litigation over an underlying lawful death suit.
- Represented The Children’s Place in insurance recovery litigation seeking coverage for a scheme that defrauded the company.
The insurance team at King & Spalding LLP is well-regarded for its ‘breadth of expertise across multiple disciplines’. These areas of expertise include representing clients in the financial institutions sector (where Atlanta-based Shelby Guilbert specializes), and recovering insurance for property damage, business income, and other losses from catastrophic events. Other areas of strength include cyber liability, asbestos-related cases, and healthcare claims arising from regulatory compliance. Atlanta-based Anthony Tatum represented Navicent Health in an insurance coverage dispute arising from an underling qui tam action and government investigation. Meghan Magruder and Martin McNerney jointly head the practice and are based in Atlanta and Washington DC respectively.
Puerto Rico Electric Power Authority
Prime Healthcare Services
JHOC d/b/a Premier Transportation
The Coca-Cola Company
- Represented SunTrust Banks with respect to insurance coverage arising from underwriter and securities class actions, ERISA lawsuits, lender liability suits, and government and regulatory investigations.
- Represented Sava SeniorCare in a D&O insurance recovery dispute in connection with qui tam suits.
- Represented Equifax in insurance recovery litigation related to its cyber-security breach.
- Represented Prime Healthcare Services in a D&O insurance recovery dispute in connection with claims that Prime violated the False Claims Act.
- Represented Premier Transportation in a dispute arising out of a trucking accident.
Orrick, Herrington & Sutcliffe LLP ‘delivers on the promise of a one-stop shop’. The insurance practice group focuses on work in the technology and finance sectors, including matters concerning private D&O coverage for tech CEOs and cyber-security matters. Another key area of work is litigation on behalf of financial institutions against monoline insurers. Barry Levin, who is based in New York and San Francisco, represented Credit Suisse in coverage litigation in connection with numerous lawsuits brought by monoline insurers and trustees of residential mortgage-backed securities trusts. San Francisco-based Darren Teshima jointly leads the practice with Levin. The group also has an office in Orange County.
‘Orrick, Herrington & Sutcliffe delivers on the promise of a one-stop shop’
Fortress Investment Group
California Earthquake Authority
Premera Blue Cross
Erste Abwick Lungsanstalt
- Represented Premera Blue Cross in declaratory relief coverage actions regarding class-action lawsuits arising out of a data breach.
- Represented EFG Bank and Erste Abwick Lungsanstalt in a lawsuit arising out of Transamerica Life Insurance Company’s rate increases on universal life insurance policies.
- Represented Getaround in a coverage action filed by Voyager Insurance arising out of a personal injury action.
Willkie Farr & Gallagher LLP’s New York-based insurance dispute resolution practice is particularly focused on representing insurance brokers aligned with policyholders, and also handles coverage cases for policyholders. Christopher St. Jeanos represented insurance broker Marsh USA in a coverage dispute pivoting on whether and when a ‘special relationship’ exists between a policyholder and insurance broker. Mitchell Auslander has experience in advising insurance companies seeking coverage from their own insurers or reinsurers. Auslander and St. Jeanos co-chair the practice.
- Represented insurance broker Marsh USA in a coverage dispute brought by Cosmopolitan Shipping Company relating to lost Protection & Indemnity policies allegedly covering marine asbestos exposure claims. Cosmopolitan’s alleged insurer denied coverage and Cosmopolitan brought claims against Marsh.