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Covington has a leading national practice in assisting policyholders to obtain insurance coverage for liabilities arising from product liability and mass-tort claims. Our work has resulted in billions of dollars of insurance recoveries for products and mass-tort liabilities, including more than $750 million for Armstrong, nearly $1.5 billion for Owens Corning, and in excess of $1.5 billion for Dow Corning’s breast implant liabilities.
Our products and mass tort coverage practice has involved a wide variety of liabilities, with especially extensive experience in the areas of asbestos, pharmaceuticals, and medical devices. In addition to obtaining coverage for breast implant liabilities, we have represented policyholders seeking coverage for liabilities arising from heart valves, artificial joint replacements, and HIV-contaminated blood. We have also been heavily involved in seeking insurance coverage for pharmaceutical product liabilities, beginning with our pioneering work in the DES coverage cases and continuing up to the present with our efforts to assist our clients in securing coverage for liabilities arising from emerging pharmaceutical litigation.
In addition, we have secured coverage for other types of mass-tort liabilities. For example, in addition to obtaining coverage for environmental remediations, our insurance lawyers have secured coverage for environmental toxic torts – i.e., personal injury and medical monitoring claims stemming from releases of hazardous materials. We have also provided advice concerning coverage for the types of liabilities that airlines incur in air crash disasters.
Representative Matters
- We represent Merck & Co. in pending arbitrations in London concerning coverage for Vioxx-related claims.
- We served as trial counsel to 3M in coverage litigation in Minnesota state court in which the jury awarded more than $1 billion in coverage for breast implant claims.
- We represented GlaxoSmithKline in coverage litigation involving DES claims in Pennsylvania federal court.
- We represented Cardinal/Allegiance in an international arbitration involving coverage for mass tort claims.
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