For three decades, Covington has been at the forefront of policyholders’ successful pursuit of insurance coverage for asbestos-related liabilities, both for bodily injury and for property damage. Our policyholder coverage lawyers also have substantial experience in securing coverage for silica-related liabilities.
We have secured coverage for asbestos liabilities through both litigation and negotiation. For example, our lawyers served as lead policyholder counsel in the landmark Armstrong consolidated proceeding in California, in which our client prevailed on virtually every significant coverage issue at trial and on appeal. As a result of the litigation and related settlements, our client Armstrong secured more than $750 million of coverage for asbestos-related liabilities. Armstrong World Industries v. Aetna Casualty & Surety Co., 45 Cal. App. 4th 1 (1996). In addition, through a series of lawsuits, arbitrations, mediations and negotiations over a period of more than 15 years, we assisted our client Owens Corning in recovering nearly $1.5 billion in coverage for asbestos liabilities.
Our leadership in asbestos-related coverage litigation has had a long and successful history, beginning with our participation at oral argument as counsel for an amicus in the Keene case, a landmark decision in this area. Keene Corp. v. Insurance Company of North America, 667 F.2d 1034 (D.C. Cir. 1981). Our cutting edge involvement in securing coverage for asbestos liabilities has continued, as demonstrated by our important role in 1997 as counsel for a coalition of policyholder amici in Frontier Insulation, the first ruling by a state supreme court to consider the application of CGL policies to asbestos “non-products” claims. Frontier Insulation Contractors, Inc. v. Merchants Mut. Ins. Co., 690 N.E.2d 866 (N.Y. 1997). We currently represent policyholders in major proceedings seeking coverage for “non-products” claims.
We also have substantial experience in seeking coverage for silicosis and other silica-related liabilities. We have helped clients recover from their insurers for such liabilities, including an industry trade association that was named in silicosis lawsuits on purported civil conspiracy grounds.
Representative Matters
- We are representing or have recently represented Foster Wheeler, L.L.C., Garlock Sealing Technologies LLC, Howden Buffalo, The Marley-Wylain Company, and SPX Corporation in litigation and settlement of insurance coverage for asbestos-related bodily injury claims.
- We represent Congoleum, a Chapter 11 debtor, in asbestos-related coverage litigation.
- We have provided claims analysis, advice and settlement negotiations for asbestos and/or silica-related claims on behalf of numerous clients.
- We have conducted due diligence and provided transactional advice to clients considering acquisitions of target companies with asbestos litigation histories.
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