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Mitchell Dolin
Mitchell F. Dolin
Washington +1 202 662 5210 Download V-card

Mitchell Dolin, who co-chairs Covington’s global insurance recovery practice, has successfully handled a wide array of matters in trial and appellate courts across the country, domestic and international arbitral proceedings, and numerous high-stakes mediations and negotiations. Throughout his career, he has focused on the representation of corporate policyholders in coverage disputes and has been lead counsel to policyholders pursuing coverage for a broad range of underlying liabilities, including antitrust, employment, environmental, intellectual property, mass tort, media, professional liability, and shareholder claims, as well as for first-party property, business interruption, cargo, event cancellation, and political risk losses. Mr. Dolin has been ranked by Chambers USA as one of the nation’s top dozen or so policyholder lawyers for each of the past several years, and the most recent editions of Chambers describe him as "universally lauded for his deep policyholder experience and knowledge," noting that he is “’highly effective’ in the insurance arena” and “’a good, tough negotiator’” with an “’encyclopedic knowledge of the law’” and “’very sound judgment.’” For several years, he also chaired the firm’s arbitration practice group and has served as an advocate and arbitrator in domestic and international arbitrations.

  • In the mass-tort field, he has litigated and arbitrated coverage disputes concerning medical devices, pharmaceutical products, and other tort claims for Cardinal Health, Dow Corning, Eli Lilly, the National Football League, and numerous other clients. He led the firm's efforts as special insurance counsel to both Owens Corning and Congoleum, each of which resolved its asbestos coverage disputes and successfully emerged from bankruptcy; for Owens Corning, he secured approximately $1.5 billion in coverage for asbestos claims in a series of lawsuits, arbitrations, and mediations over a fifteen-year period.
  • Directors and officers, errors and omissions, employment practices, and multimedia liability insurance representations have included work on coverage disputes or claims-presentation issues for policyholders in diverse industry sectors, including for clients such as Autoliv, Martha Stewart Living Omnimedia, S&P Global, and UBS affiliates, with D&O merits victories in such cases as HCC v. Sprint Nextel, 2010 WL 4852649 (E.D. Va.), NFL v. Vigilant, 36 A.D.3d 207 (N.Y. 2006), and Owens Corning v. National Union, 257 F.3d 484 (6th Cir. 2001).
  • Other previous representations include: Exxon in coverage litigation and international arbitration resulting in insurance recoveries of $780 million for Valdez-related losses; Dow Corning in various cases concerning coverage for breast implant claims, including one in which a federal court ruled that an insurer seeking contractual recoupment of a settlement payment is subject to a set-off defense to account for any reinsurance recoveries (In re Dow Corning, 2010 WL 3927738 (E.D. Mich.)) and another which led to a federal appeals court ruling that an adverse 2-to-1 arbitral award was non-binding (Dow Corning v. Safety Nat’l, 335 F.3d 742 (8th Cir. 2003)); President Clinton in connection with coverage for the Paula Jones litigation; UBS Real Estate Investments, the mortgage lender to the retail leaseholder at the World Trade Center, in the landmark 9/11 property insurance litigation (World Trade Center Properties v. Hartford, 345 F.3d 154 (2d Cir. 2003)); the American Association of Blood Banks in coverage litigation concerning HIV-tainted blood lawsuits; Nestle in a precedent-setting environmental coverage lawsuit (Nestle v. Aetna, 842 F. Supp. 125 (D.N.J. 1993)); Oglebay Norton in pursuing coverage for asbestos and workplace harassment claims; SIG Arms in securing defense coverage for lawsuits filed by various government entities (SIG Arms v. Employers, 122 F. Supp. 255 (D.N.H. 2000)); coalitions of policyholders as amici curiae in landmark insurance cases such as Goodyear v. Aetna, 95 Ohio St. 3d 512 (2002), Frontier v. Merchants, 91 N.Y.2d 169 (1997), and North River v. CIGNA Re, 52 F.3d 1194 (3d Cir. 1995); and serving early in his career on the defense teams for a major western railroad in the coal slurry pipeline antitrust litigation and a leading French fragrance manufacturer in dealer termination antitrust litigation.

Pro Bono

  • Represented organizations advocating as amici curiae in defense of gun control measures, including in U.S. v. Castleman, 134 S. Ct. 1405 (2014) and Woollard v. Gallagher, 712 F.3d 585 (4th Cir. 2013).
  • Successfully argued for vacation of client's death sentence in State v. Tokman, 564 So. 2d 1339 (Miss. 1990), and represented client in subsequent trial court proceedings leading to a negotiated plea. 
  • Represented amici curiae in Supreme Court cases involving civil rights issues, including McMillian v. Monroe County, 520 U.S. 781 (1997), Patterson v. McLean Credit Union, 491 U.S. 164 (1989), and St. Francis College v. Al-Khazraji, 481 U.S. 604 (1987).
  • Represented organizations challenging federal agency action in City of Alexandria v. Slater, 198 F.3d 862 (D.C. Cir. 1999) and Women Involved in Farm Economics v. USDA, 876 F.2d 994 (D.C. Cir. 1989).

Memberships and Affiliations

  • American Bar Association, previously served as co-chair of the Litigation Section's Task Force on the Judiciary and its Federal Legislation Committee.
  • American Bar Foundation, Fellow (elected 2013)
  • American Judicature Society, Board Member (1998-2004)
  • American Law Institute, Member (elected 1992) and currently serves on Members Consultative Groups for the ALI Restatement of the Law of Liability Insurance and for the ALI Restatement of the U.S. Law of International Commercial Arbitration  
  • CPR International Institute’s Regional Panel of Neutrals (2003-)
  • D.C. Board on Professional Responsibility Hearing Committee No. 3, Chair (1997-1999)
  • Human Rights First, Board Member Emeritus (2013-), Board Member (1994-2004) and Washington Council Member (1993-2009)
  • Law360, Insurance Editorial Advisory Board (2011)
  • National Eagle Scout Association, Member
  • Chambers USA: America’s Leading Lawyers for Business (2016) (ranked in Band 1 for Insurance both nationally and in DC; listed in Chambers USA continuously since 2003)
  • Benchmark (2017) (National Insurance Litigation Star)
  • The Best Lawyers in America (2016) (Arbitration, Commercial Litigation, Insurance Law, International Arbitration, and Mediation)   
  • The Best Lawyers in America (2013) (Washington Insurance Lawyer of the Year)
  • The Legal 500 US (2016) ("Leading Lawyer" for Insurance)
  • Washingtonian (2011) (Best Lawyers)    
  • Legal Times (Feb. 26, 2007) (profiled as one of ten "leading lawyers" in the insurance field)
  • International Commercial Litigation magazine, "Commercial Prosecutors of the Year" (1997)
  • Benjamin J. Cardozo Citation of Merit, Anti-Defamation League of B’nai B’rith (1987)