$1.5 Billion In Asbestos-Related And Other Coverage For Owens Corning
For nearly twenty years, we have represented Owens Corning in the coverage area, acting as lead counsel in lawsuits, arbitrations, mediations, and negotiations that have yielded insurance recoveries in excess of $1.5 billion for asbestos, securities, property, and other losses or liabilities. During Owens Corning’s Chapter 11 proceedings, which culminated in the confirmation of its plan of reorganization in September 2006, we served as special insurance counsel to the company.
Our coverage victories for the company include a unanimous Sixth Circuit decision affirming in all respects a judgment in which Owens Corning collected in full on a D&O coverage claim, also receiving an award of the attorneys' fees and expenses incurred in prosecuting the claim in the trial court and in two appeals. Owens Corning v. National Union, 257 F.3d 484 (6th Cir. 2001). The first contested coverage matter we handled for Owens Corning was a 1989 arbitration tried to a retired federal judge under the Wellington Agreement's ADR procedures, which resulted in a favorable award and 9-figure recovery of insurance proceeds that was later enforced against the carrier's reinsurer in North River v. CIGNA Reinsurance, 52 F.3d 1194 (3d Cir. 1995). In an omnibus asbestos products coverage action against insurers that did not adhere to the Wellington Agreement, we secured summary judgment victories on the key insurance issues, and all insurers ultimately settled before trial. Owens-Corning Fiberglas v. American Centennial, 660 N.E.2d 770 (Ohio CCP 1995). More recently we have handled numerous non-products coverage disputes, including several that were resolved during the company's recently concluded Chapter 11 proceedings.
We also have represented Owens Corning individually or as a member of amicus coalitions in such important appeals as Goodyear v. Aetna, 769 N.E.2d 835 (Ohio 2002), which enforced the critical "all sums" obligation in CGL policies, Frontier Insulations v. Merchants Mutual, 690 N.E.2d 866 (N.Y. 1997), which recognized coverage for asbestos non-products claims arising out of installation activities, and Affiliated FM v. Owens-Corning Fiberglas, 16 F.3d 684 (6th Cir. 1994), which refused to follow contrary circuit court opinions and enforced excess defense coverage obligations.
The partners principally involved in the representation are Mitchell Dolin and Anna Engh.
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