Covington & Burling LLP operates as a limited liability partnership worldwide, with the practice in England and Wales conducted by an affiliated
limited liability multinational partnership, Covington & Burling LLP, which is formed under the laws of the State of Delaware in the United States
and authorized and regulated by the Solicitors Regulation Authority with registration number 77071..
Bert Wells, a highly regarded insurance coverage litigator and advisor, has successfully handled a wide array of matters in courts, arbitrations, mediations and negotiations, in some cases achieving 9-figure recoveries for his clients, including a $700 million Superstorm Sandy recovery. He is a partner in the New York office of Covington & Burling.
Bert has represented policyholders in pursuing insurance coverage for shareholder, fiduciary/retirement/benefits, errors and omissions, mass tort, environmental and other third-party liability claims. He has handled coverage claims under first-party and specialty line policies for catastrophic property damage and business interruption, including COVID-19 losses, as well as cyber, ransomware, IT system failure, rep-and-warranty, aviation, product recall, mortgage guarantee, trade credit, theft and other types of losses. He is also noted for effective deployment, defense and examination of financial and scientific expert witnesses in litigation.
Bert advises on the purchase of custom insurance programs to protect D&Os generally and in contemplation of specific transactions, including complex, multi-billion dollar matters. He has advised clients on many other high value transactional and contested insurance matters.
Bert’s experience with many lines of coverage and the practical realities of achieving insurance recoveries and attainment of transactional goals informs all of his client service.
Bert is a graduate of Yale Law School, as well as Oxford University–where he earned his mathematics doctorate–and Caltech. Before becoming a lawyer he worked as an assistant professor and research mathematician in university and commercial settings, including at Southern University, an HBCU.
Among Bert’s notable publications are “What’s in a Word? The Hidden Pitfalls of Cyber Insurance Policy Language,” a featured article in Risk Management magazine; “Cyber-Risk Insurance,” in New Appleman on Insurance Law, Library Edition (Lexis-Nexis); and “Excess Insurance, Umbrella Insurance and Multi-Insurer Coverage Programs,” in Understanding Insurance Law (Practising Law Institute).
Bert serves on Covington’s Professional Responsibility Committee. In past years he has performed committee work for the New York City Bar Association, as a member and organizer of CLE programs for its Insurance Law Committee, and as Chair of its Information Technology Law Committee. At the request of the U.S. District Court (EDNY), he served on the drafting committee for that Court’s initial rules for electronic case filing.
Represented a public entity in its 9-figure recovery for Superstorm Sandy losses.
Represent a global building products company in litigation to assure availability of its general liability program to cover a potential 9-figure underlying liability for alleged property damage.
Prosecute and negotiate numerous coverage claims under D&O, fiduciary/retirement/benefits and errors and omissions policies arising from shareholder litigation, noteholder litigation, retiree/employee benefits litigation, privacy litigation among other types of liabilities.
Develop and execute creative litigation strategies to advantageously position extremely large claims under errors and omissions, property and general liability insurance policies.
Assess and prepare COVID-19 business interruption claims for public and private entities.
Represent a medical device manufacturer in product recall coverage litigation seeking insurance recovery for recall costs and business interruption losses.
Represented Fortune 500 corporations in their respective recoveries of insurance for mass tort (asbestos personal injury) claims, including through coverage-in-place settlements.
Resolved claims of a regional bank against its non-performing mortgage-guaranty insurance carrier respecting half-billion dollar mortgage portfolio through federal litigation and mediation.
Represented the State of Minnesota in litigation and settlement of two litigations against insurance companies under Minnesota’s Landfill Cleanup Act.
Transactional and Advisory Engagements
Represented Fortune 500 company in restructuring under-utilized insurance assets relevant to corporate divestitures resulting in 9-figure gains for client.
Advised on and negotiated placement of customized D&O policies and other professional lines of insurance in connection with impending acquisitions, mergers and spin transactions, including complex, multi-billion dollar transactions.
Advised on enhancement of D&O, cyber, fiduciary and other policies in connection with annual policy renewals for 3 Fortune 50 companies among many other policyholders.
Represented Fortune 500 company in restructuring under-utilized insurance assets relevant to corporate divestitures resulting in substantial gains for client.
Represented the State of Minnesota in litigation and settlement of two litigations against insurance companies under Minnesota’s Landfill Cleanup Act.
Advised one of world’s largest retailers regarding its annual directors and officers insurance review and policy renewal negotiations.
Advised one of the largest financial advisors and financial institutions in the US on renewal negotiations for financial/professional liability lines.
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