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After more than thirty years of experience in obtaining coverage for asbestos-related occupational liabilities, Covington continues to assist its clients in pursuing coverage for a new generation of workplace claims. These new claims may arise either as direct actions by workers against their employers (e.g., railroad FELA claims) or as product defect claims against manufacturers (e.g., carpal tunnel syndrome claims against keyboard manufacturers). They include claims for: (i) exposure to “deleterious substances” such as mixed dust, smoke, and fumes from solvents or welding materials; (ii) noise-induced hearing loss (“NIHL”); (iii) exposure to latex-containing products; and (iv) repetitive stress injuries (“RSI”), including carpal tunnel syndrome and other alleged disorders of the back, neck, and upper extremities.
Our policyholder coverage lawyers have played a pioneering role in efforts to secure coverage for the post-asbestos generation of workplace claims. For example, we brought one of the first coverage suits in the railroad industry for NIHL claims and negotiated one of the earliest global settlements for such claims. Since then, we have successfully represented several clients faced with numerous NIHL claims, securing many millions of dollars of coverage for those claims. We are also actively engaged in coverage work for clients faced with deleterious substance claims as well as repetitive stress injury claims.
As with most coverage disputes, a policyholder facing liabilities from occupational disease claims wants to obtain the most coverage for these claims at the least cost. Sometimes litigation is the best or even the only option for recovering from recalcitrant carriers. However, we have often found that early and well planned settlement negotiations can produce favorable results for our clients at a moderate cost. Our lawyers have negotiated numerous complex insurance settlements in recent years – including both global coverage-in-place agreements and lump-sum “buyouts” – to secure coverage for these occupational claims.
Representative Matters
- We represent Conrail in seeking coverage for FELA claims by railroad workers alleging injury from occupational exposure to solvents.
- For Pechiney Plastic Packaging, Inc. we have been involved in litigation over coverage for a workplace wrongful-death claim.
- We have assisted a Fortune 500 client in securing coverage for claims asserted by welders for injuries allegedly arising from exposure to fumes from welding rods.
- We have provided claims analysis, advice and settlement negotiations for asbestos and/or silica claims on behalf of numerous clients.
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