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For more than 30 years, Covington has been successfully assisting corporate policyholders maximize their available insurance coverage. We help policyholders recover insurance—both in the U.S. and abroad—for a wide variety of claims, including mass-tort liabilities, property and business interruption losses, marine, and D&O, E&O, and many other types of exposures. We have more than 100 lawyers (including 25 partners) in our coverage practice, and a long history of successfully negotiating with and litigating against virtually all major insurers.
More than $15 billion in recoveries
Our successes include numerous recoveries in excess of $100 million, including recoveries ranging from $600 million to $1.5 billion each for Merck in connection with Vioxx claims, Armstrong and Owens Corning for asbestos claims, Dow Corning for breast implant claims, and Exxon for the Valdez grounding. Over their careers, our coverage lawyers have helped policyholders recover well in excess of $15 billion.
A recognized leader
Covington has the top-ranked policyholder practice in the U.S. and one of the leading practices in the UK, according to the most recent legal rating guides published by Chambers and Legal 500. In the nine years during which Chambers has presented an Award for Excellence in Insurance, Covington has received it five times and been shortlisted the other four. In connection with the most recent award, for the seventh consecutive year, Covington was again the only law firm Chambers USA recognized in 2015 with its nationwide “Band 1” rating in the policyholder category, describing the firm as “the strongest policyholder practice in the country.”
Confirming the unmatched depth of our coverage practice, we have more individually recognized leading practitioners than any other policyholder firm in the most recent editions of Chambers USA and UK (15 lawyers, including six of the top 13 in the U.S. national rankings) and The Legal Media Group Guide to the World's Leading Insurance and Reinsurance Lawyers (12 lawyers).
We have achieved coverage victories in trial and appellate courts, as well as domestic and international arbitrations. We also have a leading negotiation practice in the U.S. and abroad, helping policyholders reach business resolutions with their insurers both in direct negotiations and in mediations. And a significant portion of our practice involves advising our clients as to how best to position themselves for future coverage disputes or to avoid such disputes altogether. We also advise clients on wording and other issues in connection with renewals, particularly in the D&O and E&O areas. We have experienced policyholder coverage lawyers practicing in our London, New York, San Francisco, and Washington offices.
Representing Merck in two related London arbitrations involving insurance coverage for claims relating to Vioxx.
Challenged solvent schemes of arrangement in the English High Court, which were proposed by insurance carriers and sought to extinguish coverage for future policyholder claims.
Represented the State of Minnesota in securing more than $100 million in insurance recoveries for environmental matters related to an innovative legislative program for the cleanup of landfills.
Represented Owens Corning in eight Wellington Agreement arbitral or ADR proceedings, two federal court cases, and one state court lawsuit against numerous insurers seeking coverage for asbestos non-products claims.
Representing a national hotel company in litigation over coverage for property damage and business income losses caused by Hurricane Katrina.
Representing Morgan Stanley in a New York lawsuit filed by Lloyd’s disputing coverage under a financial institutions professional liability insurance policy.
Represent debtor in chapter 11 case with respect to insurance matters in connection with asbestos liabilities.
Represent officers and directors of and shareholders in this Chapter 11 debtor in connection with adversary proceedings in which plaintiffs assert fraudulent conveyance, breach of fiduciary duty, illegal dividend, and other claims. We also represented Lyondell in connection with insurance coverage disputes.
Represented Chapter 11 trustee and represent Plan Administrator in insurance coverage matters.
Represent First Wind in connection with coverage and related bankruptcy issues arising under debtors’ liability insurance policies in this Chapter 11 case.
Represented clients, including Exxon Mobil Corporation, Goodrich, Goodyear, and Textron in opposing efforts by solvent London Market companies to use so-called “solvent schemes of arrangement” to curtail their coverage obligations to policyholders facing long-tail liabilities, such as asbestos, silica, or environmental claims.
Represented officer and director defendants in coverage dispute related to claims asserted against them by bankruptcy estate representative.
Represented Sears Corporation in opposing a proposed buy-back of the debtors’ CGL policies under Section 363 that would have threatened Sears’ coverage rights under vendor endorsements.
Representation of Sony BMG Music Entertainment in a class action lawsuit challenging royalties for downloading music and in connection with an insurance coverage dispute arising out of damage allegedly caused by DRM software included on music CDs.
Representation of a leading U.S. railroad in a London arbitration against an insurer for liabilities arising from a major train derailment and lethal chemical release, resulting in a highly favorable settlement.
Lead counsel for Apache Corporation in insurance coverage arbitration and litigation proceedings relating to the explosion of a gas pipeline in Western Australia.
Representation of Merck in ad hoc London arbitrations against various insurers that produced a disclosed recovery of approximately US$590 million, plus US$45 million in fees and interest, for prescription drug liabilities — reportedly one of the largest commercial awards in Europe in recent years.
Represented LTV Steel in obtaining more than $40 million in recoveries for environmental liabilities from numerous settlements.
Representation of First Wind Holdings with regard to insurance claims arising out of fires that occurred at its Kahuku Wind farm, Oahu, in 2011 and 2012. Coverage issues include property damage, business interruption, and potential environmental liability issues.
Representation of a Lithuanian petrochemicals company as co-counsel in an ad hoc insurance arbitration against various UK underwriters arising out of property damage and business interruption claims exceeding US$150 million.
Armstrong World Industries, Owens Corning, and other Fortune 500 corporate policyholders in arbitrations against their respective liability insurers, for asbestos-related and other losses.
Representation of a major Silicon Valley company in seeking insurance for substantial losses arising out of computer fraud schemes.
An energy company in obtaining a global nine-figure resolution from its historic CGL insurers for widespread environmental cleanup liabilities at refineries and other operational sites.
An oil refinery in a significant business interruption insurance claim that resulted in a multi-hundred million dollar recovery for the insured.
Obtained more than $1 billion in recoveries for Dow Corning through a number of large settlements in court-appointed mediation related to breast implant liabilities.
Representation of the owner of a major oil refinery in Texas in an ad hoc commercial arbitration against an offshore property insurer, seeking insurance coverage for an US$82 million loss sustained as a result of a criminal wire fraud conspiracy relating to shipping contracts for the transport of crude oil from South America to the U.S.
Represented a manufacturer of industrial equipment in obtaining directors and officers settlements exceeding $30 million.
Lead trial and arbitration counsel for BP in insurance coverage disputes arising from the Deepwater Horizon incident and resulting oil spill in the Gulf of Mexico.
Represented a number of utility companies in obtaining more than $200 million in environmental and toxic tort settlements.
Represented railroad clients in obtaining more than $150 million through scores of settlements for FELA, environmental, and employment practice claims.
Represented Kansas City Power & Light Company in litigation over coverage for property damage caused by a boiler explosion.
Represent debtor in chapter 11 case with respect to insurance matters in connection with breast-implant liabilities.
Advised XM Satellite Radio on an insurance claim arising out of the solar array anomaly in its two Boeing 702 satellites and have advised a leading aerospace insurance broker on the wording of satellite-in-orbit policies.
Representation of a major software company in the successful mediation of multi-million dollar software errors and omissions insurance claims.
We have successfully handled the recovery under insurance coverage policies for several of the largest documented data security breaches.
August 12, 2016, Covington Alert
The Insurance Act, which received Royal Assent and became law in the United Kingdom in February 2015, has now come into force: it applies to all insurance policies entered into on or after August 12, 2016, including renewals, and to all variations to existing policies made on or after that date.
As previously reported, the Act contains the most significant ...
July 7, 2016, Law360
June 22, 2016, Mealey's Litigation Report: Insurance
June 14, 2016, Covington Alert
Two recent litigation developments involving cyber insurance serve as a useful reminder to policyholders: a cyber policy purchase can be full of traps for the unwary. This alert discusses the traps that resulted in one company losing coverage for a major portion of its losses from a payment card data breach, while another company faces a lawsuit by its cyber ...
June 10, 2016, Law360
June 3, 2016, Law360
May 23, 2016, The Law Society Gazette
Alex Leitch, Carlo Kostka, and Richard Mattick participated in a roundtable with The Law Society Gazette regarding the UK Insurance Act 2015. Leitch, pointing at “fair presentation,” a grey area in the new legislation, said a policyholder will want to make sure that they have “discharged the duty of giving a fair presentation of the risk which is going to be ...
May 22, 2016, Business Insurance
Richard Mattick is quoted in a Business Insurance article regarding the UK Enterprise Act. According to Mattick, the new Act, which updates one element of the Insurance Act 1886 that was left out of the Insurance Act 2015, “remedies a long-standing injustice for insurance policyholders.” It marks the first time that policyholders can seek damages for late ...
May 9, 2016, Covington Alert
On May 4, 2016 the Enterprise Act received the Royal Assent and became law in the UK. Once its relevant provisions come into force on May 4, 2017, it will introduce for the first time into English law a right for policyholders to recover damages for late payment of insurance claims from insurers (Scottish law already recognizes an implied obligation for an ...
May 5, 2016, Covington Alert
In re Viking Pump, Inc. & Warren Pumps, LLC, Insurance Appeals, No. 59 (N.Y. May 3, 2016) (“Viking Pump”), heralds a major development in New York insurance law to the benefit of policyholders facing claims that trigger multiple years of liability coverage as a result of continuous and progressive damage. In addressing the proper allocation method to apply to ...
April 24, 2016, Business Insurance
David Goodwin’s remarks from the annual RIMS conference are quoted in this article discussing the increased use of catastrophe bonds by risk managers. According to Goodwin, “This really is an up-and-coming issue for risk management.”
April 21, 2016
New York — Law360 has named Covington international arbitration partner David Pinsky a “Rising Star.” This annual recognition honors top attorneys under the age of 40 “whose legal accomplishments belie their age.”
Law360 recognized how Mr. Pinsky, who leads Covington’s arbitration group’s Russia and Eurasia initiative, helped develop the firm’s Russia-focused ...
February 17, 2016, Covington Alert
January 28, 2016
WASHINGTON, DC - Law360 has named six Covington practice groups among its “Practice Groups of the Year.”
The practice groups recognized by Law360 are as follows:
January 5, 2016
WASHINGTON, DC, January 5, 2016 - Covington announced that Matthew Schlesinger has joined the firm as a partner in its insurance recovery practice.
“Matt has a strong track record of success in the insurance recovery field, in particular on behalf of policyholders in the financial services sector,” said Mitchell Dolin, co-chair of the firm’s global coverage ...
March 23, 2015, Law360
William Skinner, Saul Goodman and James Goold are mentioned in this article regarding their representation of Public Service Enterprise Group Inc.
January 16, 2015, Law360
Covington's Suzan Charlton authored this article on Pennsylvania Supreme Court’s recent 3-2 decision in Pennsylvania National Mutual Casualty Insurance Co. v. St. John, No. 86 MAP 2012, 2014 Pa. Lexis 3313:
"In the wake of the Pennsylvania Supreme Court’s recent 3-2 decision in Pennsylvania National Mutual Casualty Insurance Co. v. St. John, No. 86 MAP 2012, ...
May 14, 2014, Law360
Covington partner Marty Myers is featured in this article about his recent move to the firm.
May 12, 2014, Bloomberg
Marty Myers is mentioned in Bloomberg regarding his recent move to Covington:
"Covington & Burling LLP said Martin H. Myers joined its insurance recovery practice, representing corporate policyholders in complex coverage disputes with insurers. Myers, who joins the firm as a partner in San Francisco, was previously at Jones Day."
May 6, 2014, Law360
Lawrence Hobel is mentioned regarding the Second Circuit ruling that the 9/11 attacks were “acts of war” under a federal pollution cleanup law.
December 13, 2012
WASHINGTON, DC, December 13, 2012 — Business Insurance magazine recently recognized Anna Engh, a partner in Covington & Burling’s highly regarded policyholder recovery practice, as a 2012 “Woman to Watch.” The annual award honors 25 women who have performed outstanding work over the past five years in insurance, risk management, employee benefits, and related ...
February 15, 2012
WASHINGTON, DC, February 15, 2012 — BTI Consulting Group named Tim Hester, chair of Covington & Burling’s management committee, as one of its 2012 “Client Service All-Stars.”
The BTI “Client Service All-Stars” are North American and European lawyers who have been identified based on the unprompted, unequivocal recommendations from corporate counsel for ...
September 29, 2008
WASHINGTON, DC, September 29, 2008 — Covington & Burling LLP received 124 individual mentions in 40 areas of law in the 2009 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows:
WASHINGTON, DC, October 15, 2007 — Covington & Burling LLP has secured a major appellate victory in New York’s high court for Foster Wheeler LLC. On October 11, 2007, the New York Court of Appeals unanimously agreed that New Jersey law, rather than New York law, governs Foster Wheeler’s disputes with its insurers over coverage for asbestos bodily injury claims. ...
WASHINGTON, DC, October 9, 2007 — On October 4, 2007, the California Court of Appeal unanimously affirmed a $26.6 million judgment for Sears, Roebuck and Co. against an AIG affiliate for losses covered under a CrimeGuard insurance policy. Covington & Burling LLP has represented Sears at both the trial and appellate levels since the lawsuit was filed in 2001 to ...
WASHINGTON, DC, September 28, 2007 — In its inaugural year, The Legal 500 US has recognized Covington & Burling LLP’s practice excellence in 23 fields. Compiled in four volumes published in 2007, the Legal 500 US singles out the following practices:
Broadcasting and Digital
Copyright - regional
Copyright Litigation - regional
September 6, 2007
WASHINGTON, DC, September 6, 2007 — Covington & Burling LLP received 115 individual mentions in 38 areas of law in the 2008 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The recipients are as follows:
Administrative: E. Edward Bruce and ...
June 4, 2007
LONDON, 4 June, 2007 — Roger Enock has been elected a partner of Covington & Burling LLP and will be resident in the firm’s London office, where he will be serving as Head of the European Policyholder Coverage Practice. Roger joins from the litigation and dispute resolution team at Freshfields Bruckhaus Deringer, where he had been a partner since 1992. His ...
March 27, 2007, Covington E-Alert
October 3, 2002
October 3, 2002 - WASHINGTON, D.C. - Covington & Burling announced that eight attorneys have been elected to the partnership, effective October 1, 2002. New partners in Covington's Litigation Practice include Georgia Kazakis and Edward H. Rippey. Michael S. Labson is a new partner in the firm's Food and Drug and Life Sciences Practices. Erin M. Egan and Jennifer ...
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