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- Insurance Recovery
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 $20 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 $20 billion.
A recognized leader
According to legal rating guides published by Chambers, The Legal 500, and Benchmark Litigation, Covington alone has the top-ranked policyholder practice in the U.S., the District of Columbia, and California, as well as one of the leading practices in the UK.
For more than a decade, Covington has been the only law firm ranked in “Band 1” by Chambers USA in its policyholder category. The firm has also been awarded the “Chambers Award for Excellence” in policyholder-side insurance a numerous times over since the awards’ inception. The Legal 500 has written that “clients and peers agree that ‘there is no comparison’ and its practice is ‘truly best in class.’” Confirming the unmatched depth of our policyholder coverage practice, Chambers USA and UK identify 15 of our lawyers as among the best in the field—far more than any other policyholder firm.
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.
Vioxx insurance arbitrations
Representing Merck in two related London arbitrations involving insurance coverage for claims relating to Vioxx.
Solvent scheme proceedings in English High Court
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.
Landfill cleanup litigation and settlement negotiations
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.
Owens Corning asbestos-related insurance recoveries
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.
Hurricane Katrina Insurance Recoveries
Representing a national hotel company in litigation over coverage for property damage and business income losses caused by Hurricane Katrina.
Morgan Stanley insurance coverage dispute
Representing Morgan Stanley in a New York lawsuit filed by Lloyd’s disputing coverage under a financial institutions professional liability insurance policy.
Large commercial award for Merck
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.
LTV Steel environmental recoveries
Represented LTV Steel in obtaining more than $40 million in recoveries for environmental liabilities from numerous settlements.
$150 million recovered for railroad clients
Represented railroad clients in obtaining more than $150 million through scores of settlements for FELA, environmental, and employment practice claims.
$200 million recovered for utility companies
Represented a number of utility companies in obtaining more than $200 million in environmental and toxic tort settlements.
$30 million recovered for industrial equipment manufacturer
Represented a manufacturer of industrial equipment in obtaining directors and officers settlements exceeding $30 million.
Armstrong World Industries
Represent debtor in chapter 11 case with respect to insurance matters in connection with asbestos liabilities.
BAIC and WFUM Solvent Schemes
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.
Boston Generating
Represented officer and director defendants in coverage dispute related to claims asserted against them by bankruptcy estate representative.
Wells Fargo Arbitration
Successfully represented Wells Fargo and its captive insurer, SGIC, in a reinsurance arbitration concerning claims arising out of the 2008 financial crisis. The arbitration panel awarded the full policy limits.
Congoleum
Represent debtor in chapter 11 case with respect to insurance matters in connection with asbestos liabilities.
Dow Corning
Represent debtor in chapter 11 case with respect to insurance matters in connection with breast-implant liabilities.
FV Steel & Wire Co.
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.
Garlock Sealing Technologies LLC
Represent debtor in chapter 11 case with respect to insurance matters in connection with asbestos liabilities.
Ad hoc commercial arbitration against property insurer
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.
BP Lead Counsel in Insurance Coverage Disputes Resulting from Deepwater Horizon Incident and Oil Spill
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.
Co-counsel in an ad hoc insurance arbitration
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.
Fortune 500 Corporate Policyholders in Asbestos-Related Disputes
Armstrong World Industries, Owens Corning, and other Fortune 500 corporate policyholders in arbitrations against their respective liability insurers, for asbestos-related and other losses.
Highly favorable settlement in train derailment arbitration
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.
Insurance Claims Related to Fires at Kahuku Wind Farm
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.
Lyondell Chemical Company
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.
MF Global
Represented Chapter 11 trustee and represent Plan Administrator in insurance coverage matters.
Owens Corning
Represent debtor in chapter 11 case with respect to insurance matters in connection with asbestos liabilities.
Xtreme Power
Represent First Wind in connection with coverage and related bankruptcy issues arising under debtors’ liability insurance policies in this Chapter 11 case.
Pursuing Recovery for the Largest Documented Data Security Breaches
We have successfully handled the recovery under insurance coverage policies for several of the largest documented data security breaches.
XM Satellite Radio on Insurance Claim
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.
Gas Pipeline Explosion Lead Counsel
Lead counsel for Apache Corporation in insurance coverage arbitration and litigation proceedings relating to the explosion of a gas pipeline in Western Australia.
Million Dollar Recovery in Insurance Claim
An oil refinery in a significant business interruption insurance claim that resulted in a multi-hundred million dollar recovery for the insured.
More than $1 billion in recoveries for Dow Corning
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.
Nine-Figure Resolution for Widespread Cleanup
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.
Represent Silicon Valley Company in Insurance Recovery Matter
Representation of a major Silicon Valley company in seeking insurance for substantial losses arising out of computer fraud schemes.
Successful Mediation of Multi-Million Dollar Software Errors and Omissions Claims
Representation of a major software company in the successful mediation of multi-million dollar software errors and omissions insurance claims.
AI Autonomous Vehicle Insurance Coverage and Litigation
Advising a client in identifying and providing solutions to gaps in coverage relating to AI use and risk, including with respect to AI used for autonomous vehicles.
Utility company property damage recoveries
Represented Kansas City Power & Light Company in litigation over coverage for property damage caused by a boiler explosion.
Recovery for Data Security Breaches
Our top-ranked insurance practice has successfully handled the recovery under insurance coverage policies for several of the largest documented data security breaches.
Insurance Coverage for AI, Autonomous Vehicles, and Other IoT Products
We advise clients on closing insurance gaps associated with new technologies. Matters have included advising a client in identifying and providing solutions to gaps in coverage relating to AI use and risk, including with respect to AI used for autonomous vehicles. 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.
Representation of NFL in Tort Insurance Coverage-Related Litigation
Representing the National Football League and NFL Properties in ongoing coverage litigation concerning insurance coverage for concussion-related tort lawsuits brought by thousands of retired NFL players. The coverage litigation seeks coverage for the costs incurred or to be incurred in connection with the underlying tort litigation, including coverage for the proposed class action settlement approved by a federal court in May 2015. The coverage litigation in New York state court involves more than 30 insurers that issued primary or excess general liability insurance to the NFL and NFL Properties over the last half century.
Superstorm Sandy Insurance Recoveries
A major utility company in litigation over coverage for property damage caused by Superstorm Sandy.
Hurricanes Irma and Maria Insurance Recoveries
DiamondRock Hospitality in litigation for coverage of property damage and business interruption to the Frenchman’s Reef Hotel and Resort in the US Virgin Islands caused by Hurricanes Irma and Maria.
Significant International Arbitration and Insurance Victory for ExxonMobil
Unanimous arbitration award and subsequent federal court confirmation ruling in favor of ExxonMobil, securing full policy limits, including prejudgment interest, for product liability claims under an insurance policy.
Sony BMG Music Entertainment in Class Action Lawsuit
Representation of Sony BMG Music Entertainment in a class action lawsuit challenging royalties for downloading music.
January 2021
Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are facing and develop plans and strategies in response. Reach out to our ...
December 16, 2020, Covington Alert
On November 10, 2020, a New York federal court dismissed an insurer’s counterclaims that sought to estop a policyholder from recovering sums in excess of a policy sublimit that the insurer had allegedly procured through inequitable conduct. Pilkington North Am., Inc. v. Mitsui Sumitomo Ins. Co. of Am., 18 Civ. 8152 (JFK), No. 175 (S.D.N.Y. Nov. 10, 2020). The ...
Insurer Can't Cap Coverage In $85M Tornado Suit
November 10, 2020, Law360
Law360 mentioned Covington’s representation of Pilkington North America Inc. in its insurance suit claim for tornado damage to its Illinois facility. Jad Khazem was a member of the Covington team and argued a successful motion to dismiss insurer counterclaims.
October 5, 2020, Reuters
Dustin Cho and Neema Sahni spoke with Reuters about the role lawyers have played in guiding professional sports leagues through COVID-19. Mr. Cho says on the insurance front, event cancellation coverage has been a hot issue. He notes that both Wimbledon and the British Open tennis tournaments succeeded in getting coverage from their insurers under their event ...
September 16, 2020, Financial Times
Alex Leitch spoke with the Financial Times about a High Court landmark legal ruling in which insurers will cover the losses incurred by COVID-19 of UK small businesses. Mr. Leitch says, “The policyholders are likely to have suffered cash flow issues and any delay probably improves the leverage of insurance companies in terms of getting individual claims ...
August 27, 2020, ABA’s Coverage Journal
August 13, 2020, Covington Alert
While the world continues to battle the coronavirus, another battle wages on in the courts, as insurers continue to issue blanket denials for COVID-19 business interruption losses. Many are closely watching how the judicial and legislative branches will answer what have emerged as two key questions: Do the causes of COVID-19 business interruption losses ...
August 12, 2020, Covington Alert
In recent weeks, the English High Court has conducted a trial in an unprecedented test case that the UK Financial Conduct Authority (the “FCA”) commenced to resolve legal issues concerning the interpretation of common business interruption (“BI”) policy wordings (the “FCA Action”). The judgment in the FCA Action is likely to address issues that will be among the ...
Rising Star: Covington's Dustin Cho
July 13, 2020, Law360
Dustin Cho has been named a Law360 Rising Star in Insurance.
July 6, 2020
WASHINGTON— Law360 has named Covington partners Sean Akins, Dustin Cho, Adrian Perry, Jennifer Saperstein, Kayleigh Scalzo, Ashley Simonsen, and William Woolston among its “Rising Stars.” Covington’s seven “Rising Stars” were the most of any firm this year. This annual recognition honors top lawyers under 40 “whose legal accomplishments transcend their age.” ...
May 20, 2020, Covington Alert
In the context of the coronavirus pandemic, there have been significant recent developments in Germany with respect to business interruption insurance and short-time working compensation.
May 8, 2020
As businesses prepare for a return to the workplace (RTW) following COVID-19 closures, our team has created this high-level summary list of current and anticipated issues related to reopening. For additional guidance, please visit our COVID-19 Legal and Business Toolkit or reach out to us at COVID19@cov.com. Links to sections with more information about these ...
May 7, 2020, Covington Alert
On 1 May 2020, one of the UK’s insurance regulators, the Financial Conduct Authority (the “FCA”), issued a statement that it intended to seek legal clarity on business interruption (“BI”) insurance in order to resolve doubt for policyholders facing uncertainty on their claims (the “Statement”). The FCA says that it will achieve this clarity by seeking court ...
May 4, 2020, Covington Alert
In recent weeks, plaintiffs’ law firms that do not specialize in insurance coverage have filed requests to consolidate coronavirus-related insurance lawsuits into a single, federal multi-district litigation (MDL) proceeding, or into state or federal court class actions. The premise of these efforts is that coronavirus-related property and business interruption ...
April 29, 2020, The Wall Street Journal
Benedict Lenhart spoke with The Wall Street Journal about the lawsuits filed by policyholders suing their property insurers to pay coronavirus-related claims. Mr. Lenhart says with the mounting litigation, “it could be the battle of epidemiologists” over the presence of COVID-19, including contamination on surfaces and the duration of the contamination.
April 27, 2020, Covington Alert
COVID-19's march across the globe arrived in Latin America on February 25 in Brazil, coming roughly a month after Europe and the United States. High inequality and variable medical capacity across the region are driving governments to rely heavily on social distancing and business restrictions to slow and prevent the spread of the virus. As a result of this ...
California Supreme Court Decision Removes Significant Obstacle To Coverage For Long-Tail Claims
April 7, 2020, Covington Alert
On April 6, 2020, the California Supreme Court handed down a major victory for corporate policyholders facing liability for “long-tail” claims involving continuous or progressive injuries that span multiple insurance policy years, such as environmental, asbestos, construction defect, product liability, toxic tort, and sexual abuse cases. Montrose Chemical Corp. ...
April 6, 2020, Financial Times
Ben Lenhart is quoted in the Financial Times regarding the conflict between insurance companies and policyholders over losses caused by the COVID-19 pandemic. Mr. Lenhart says of the possible exceptions, “We do believe that there is coverage. We disagree strongly with the view that it is generally excluded."
April 1, 2020, Risk Management
March 26, 2020, Covington Alert
When consumers use their credit cards to purchase goods or services that they never receive, the Fair Credit Billing Act gives consumers the right to dispute the charge directly with their credit card issuer. As merchants cancel orders and reservations in the wake of the Covid-19 crisis, creditors should prepare themselves for a dramatic increase in consumers ...
March 15, 2020, Covington Alert
As the implications of the Coronavirus/COVID-19 continue to evolve, our policyholder-side insurance lawyers have compiled the following best practices. For more guidance, see our COVID-19 toolkit. 1. Gather and review potentially relevant insurance policies. All of the policies below potentially cover Coronavirus-related losses: Property/Business ...
March 13, 2020, The American Lawyer
Mitchell Dolin is quoted in The American Lawyer regarding the increased demand for legal advice pertaining to the insurance industry caused by coronavirus. Mr. Dolin says, “There’s been a combination of actual claim work as well as forward-looking advisory work into the nature of the insurance asset and how it might respond to various scenarios. But obviously, ...
March 12, 2020, Bloomberg
René Siemens spoke with Bloomberg about the increase in concert cancellations due to the coronavirus outbreak. He says artists, promoters and ticket sellers are still assessing the economic costs, including events that have only been postponed, and that cancellations have never happened on this scale before.
February 10, 2020, Covington Alert
The coronavirus has now infected more than 30,000 people. Cases have been reported in every province of China as well as in Thailand, Japan, Hong Kong, South Korea, Vietnam, Australia, Europe, the United Kingdom, and the United States. More than a dozen cities have been quarantined. China, the United States, Europe, Australia, and others have imposed significant ...
December 9, 2019, Covington Alert
From December 9, 2019, the Senior Managers & Certification Regime (“SM&CR”) will apply to all FSMA-authorised firms in the UK. This extension of the SM&CR to an additional 47,000 firms is predicted to increase regulatory, investigative and enforcement focus on individuals, including by expanding the number of individuals targeted.
Seven Covington Lawyers Named Law360 MVPs
November 22, 2019
WASHINGTON—Law360 has named seven Covington lawyers as MVPs, third most among all firms, in their respective practice areas. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals. The Covington lawyers recognized as Law360 MVPs are: Thomas ...
September 19, 2019, Covington Alert
Can an insurance company covering a risk in California use a New York choice of law clause to circumvent California’s pro-policyholder “notice of claim” rules?
August 7, 2019, Wall Street Journal
David Martin is quoted in The Wall Street Journal regarding gun violence’s effect on corporate disclosures. Mr. Martin says, “People are legitimately trying to think through whether it’s responsible to put a risk factor like this in the document.” Deciding what to disclose, and which risks count as material, is more art than science. Figuring out whether a ...
February 6, 2019, Covington Alert
On January 25, 2019, the Texas Supreme Court decided the latest insurance appeal arising from the explosion of the Deepwater Horizon drilling rig and blowout of the Macondo Well on April 20, 2010.
Covington Named One of Law360's 2018 “Firms of the Year”
January 14, 2019
WASHINGTON—Law360 has named Covington as one of its 2018 “Firms of the Year” for earning seven Practice Group of the Year awards. The Covington practices named 2018 Practice Groups of the Year are: Banking Government Contracts Insurance International Trade Product Liability Sports White Collar "We have followed a ...
January 14, 2019, Covington Alert
In the wake of destructive cyber incidents over the past few years, the insurance industry and its regulators have focused more attention on so-called “silent cyber” exposures in traditional property/casualty insurance policy forms and started taking steps to reduce or specifically address those exposures. We explain here what “silent cyber” means, and what the ...
NY Ruling Undercuts SEC Disgorgement Coverage
October 26, 2018, Law360
Mitchell Dolin is quoted in Law360 regarding a New York appeals court decision which applied the U.S. Supreme Court's Kokesh decision to rule that part of Bear Stearns' settlement with the SEC is a penalty, and therefore not covered by insurance. Mr. Dolin said the appellate decision contravenes Bear Stearns’ reasonable expectations about what its policies ...
October 26, 2018, African Law & Business
Benjamin Haley's relocation from Washington to Johannesburg is featured in African Law & Business. Mr. Haley specializes in compliance and enforcement matters, and his work spans the African continent, representing clients in Kenya, Nigeria, Tanzania, Uganda, and South Africa.
July 24, 2018, Covington Alert
Phishing, spoofing, and computer-based scams pose a significant threat to businesses. Yet in recent years many victims of these scams — also variously referred to as "business email compromise," "social engineering," "fake creditor," or "fake president" fraud — have found that their insurers refused to pay claims for their computer-related fraud losses.
Biggest Insurance Decisions Of 2018: Midyear Report
June 15, 2018, Law360
Gretchen Hoff Varner and Michael Greenberg are quoted in a Law360 article regarding the biggest insurance decisions of 2018. Commenting on Liberty Surplus v. Ledesma & Meyer Construction, Hoff Varner says that the state high court injected more certainty into liability coverage litigation by making clear that the question of whether an accident has occurred must ...
June 5, 2018
WASHINGTON—Covington’s Insurance Recovery practice has received the 2018 Chambers USA "Award for Excellence" in Insurance, marking the seventh time the firm has received this honor in the 12 years it has been awarded. The "Award for Excellence" is given to one U.S. firm representing policyholders in the insurance coverage field. In addition to the award, ...
ALI Gives Final OK On Liability Insurance Guidelines
May 22, 2018, Law360
In an article regarding the approval of the final iteration of the Restatement of Law, Liability Insurance, Law360 highlights David Goodwin and John Buchanan's efforts that resulted in deleting a provision of the guidelines that would have allowed an insurer to deny coverage for its policyholder's costs to defend a claim that the policyholder became aware of ...
5 Controversial Rules In The ALI's Insurance Law Project
May 18, 2018, Law360
John Buchanan and David Goodwin are quoted in a Law360 article regarding the final version of the American Law Institute's Restatement of the Law on Liability Insurance. Commenting on Section 3, which addresses foundational principles of insurance law, Buchanan says that a strong presumption rule would already have been more favorable to insurers than the ...
May 10, 2018, Covington Alert
The Court of Appeal in London has handed down a judgment of significance to both the insurance and international arbitration communities in Halliburton v Chubb. The judgment raises serious questions about the apparent reluctance of English courts to police arbitrators for “apparent bias” and to set aside arbitrator appointments and awards in London-seated ...
Benjamin Haley Promoted to Partner
May 2, 2018
JOHANNESBURG AND WASHINGTON—Covington has promoted Benjamin Haley to its partnership. Mr. Haley, who has deep experience conducting investigations and compliance projects on the ground in Africa, will be relocating from Washington to the firm’s Johannesburg office this summer, where he will lead the firm’s Africa Investigations and Compliance practice. Mr. Haley ...
May 1, 2018
WASHINGTON—Covington advised Elbit Systems Ltd. in its $120 million acquisition of the assets and operations of the privately owned U.S. company, Universal Avionics Systems. Elbit Systems is an international high technology company engaged in a wide range of defense, homeland security, and commercial programs throughout the world. Universal Avionics is a ...
March 28, 2018, Commercial Dispute Resolution
Commercial Dispute Resolution highlights the arrival of David Luttinger and Gerald Hodgkins at Covington. Commenting on Luttinger's addition, Mitchell Dolin says that the firm was “drawn to his superb national reputation as a trial lawyer in the coverage field and to his strengths as an individual and colleague.” According to David Kornblau, Hodgkins’ “broad ...
March 19, 2018, Covington Advisory
Cyberattacks targeting defense contractors illustrate the need for cybersecurity, for thoughtful planning—and for insurance when security and planning prove insufficient. Understanding your insurance policies before things go wrong can help ensure financial protection when they do.
March 6, 2018, Covington Alert
The Commercial Court in London has recently held that breach of a specific policy provision described as a warranty in a buildings insurance policy allowed an insurer to avoid coverage for a fire claim, but was not grounds for making the policy completely void from inception, as the insurer had argued. The case is BlueBon Ltd v Ageas (UK) Ltd [2017] EWHC 3301 ...
David Luttinger Joins Covington’s Insurance Practice
February 21, 2018
NEW YORK—David Luttinger has joined Covington as a partner in the firm’s Insurance Recovery practice in New York. Mr. Luttinger has more than 20 years of experience representing clients in the insurance coverage field, including extensive trial work in judicial and arbitral forums across the country. His experience in the coverage area includes disputes over ...
January 22, 2018
WASHINGTON—Covington advised Bacardi Limited in its definitive agreement to acquire Patrón Spirits International AG and its PATRÓN® brand, the world’s top-selling ultra-premium tequila, from John Paul DeJoria, a founder of Patrón. The transaction reflects an enterprise value for Patrón of $5.1 billion. The transaction follows the successful relationship the ...
January 17, 2018, Covington Alert
Dozens of pharmaceutical manufacturers, wholesale distributors, and retailers have been named as defendants in opioid-related lawsuits, investigations, and congressional inquiries across the country. These actions and investigations include allegations that defendants misleadingly marketed opioids, failed to comply with regulatory requirements to report ...
Cybersecurity & Privacy Predictions For 2018
January 1, 2018, Law360
Kurt Wimmer and John Buchanan are quoted in a Law360 article providing cybersecurity and privacy predictions for 2018. Wimmer says, once Europe's General Data Protection Regulation (GDPR) is in force, non-EU countries around the world will begin looking at privacy regimes based on the 1995 Directive [which the GDPR will replace] and think about whether they ...
December 12, 2017, Covington Alert
Massive wildfires have devastated Ventura County, and they now threaten lives, homes and businesses in Los Angeles and San Diego. In the face of these catastrophic fires, businesses and their employees should focus on safety. In their aftermath, businesses must act promptly and assertively to protect their insurance rights and remedies. Early and deliberate ...
Top 10 Game-Changing Litigator Moves in October
November 1, 2017, The Litigation Daily
The Litigation Daily recognizes Jennifer Saulino's move to Covington as one of the top "Game-Changing Litigator Moves in October." According to John Hall, “Jennifer’s skill and experience in litigating and trying fact-intensive cases combined with her track record of success in complex jury cases will benefit our clients and strengthen the firm’s general ...
October 25, 2017, Covington Alert
Last month, Hurricanes Irma and Maria battered Puerto Rico, which is a major center of pharmaceutical manufacturing. Damage there to property, roads, bridges, communications, power, and water systems may take months or more to repair. Some, including the FDA, have expressed concern that the damage could lead to shortages of important drugs, medical devices, and ...
October 13, 2017, Covington Alert
In a court filing this morning and an Executive Order issued yesterday, the Trump Administration announced major policy changes affecting health insurers and employers. The Administration intends to cease making cost-sharing reduction (CSR) payments to insurers, while also expanding the availability of Association Health Plans, short-term health plans, and ...
State Appellate Vets Team Up; Another Law Firm Merger; Inside Clyde's Insurance Practice Play
October 6, 2017, The National Law Journal
The National Law Journal highlights Jennifer Saulino's return to Covington. “Covington offered me a really exciting opportunity to marry my focus on trial work with Covington’s diverse practice areas and client base on a very large scale," she says.
October 4, 2017
WASHINGTON—Jennifer Saulino has joined Covington’s Litigation and White Collar Defense and Investigation practices as a partner in Washington. Ms. Saulino’s practice focuses on trials as well as defending individuals and corporations in investigations and prosecutions, with particular experience in the pharmaceutical, health care, banking and securities, oil and ...
Ex-FCPA unit supervisor joins Covington
October 3, 2017, Global Investigations Review
Global Investigations Review highlights Jennifer Saulino's return to Covington as a partner in its Litigation and Investigations practice.
Former DOJ Prosecutor Rejoins Covington In Washington
October 3, 2017, Law360
John Hall and Jennifer Saulino are quoted in a Law360 article regarding her return to Covington as a partner in the firm's Litigation and Investigations practice. According to Hall, Saulino has “earned the respect and admiration of her colleagues and adversaries” in the courtroom with both her skills and her willingness to take on the most difficult cases. ...
September 13, 2017, Covington Alert
Hurricane Irma has battered much of Florida, Puerto Rico and the Caribbean, just days after tropical storm Harvey devastated Houston and its environs. This e-alert provides practical tips to help maximize insurance recoveries for those organizations whose property was damaged or whose business was interrupted by these catastrophic events.
D.C.'s Rising Stars: Shankar Duraiswamy, 37
September 1, 2017, The National Law Journal
Shankar Duraiswamy was named a "D.C. Rising Star" by The National Law Journal, recognizing him as one of the “region’s 40 most promising lawyers age 40 and under.” Commenting on his biggest accomplishment, Duraiswamy says, "I am proudest of the results I have secured for my pro bono clients. A highlight was a landmark settlement in 2013 that we secured for deaf ...
Shankar Duraiswamy Named "D.C. Rising Star"
August 30, 2017
WASHINGTON—The National Law Journal has named Covington partner Shankar Duraiswamy a “D.C. Rising Star,” recognizing him as one of the “region’s 40 most promising lawyers age 40 and under.” In his profile, Mr. Duraiswamy highlights a number of experiences and lessons learned in his career. When asked about a key to his success, he credited one of his early ...
August 23, 2017, Strategic Risk
Recent Cases on E-Mail "Spoofing" Coverage Highlight the Impact of Specific Crime Policy Wordings
August 16, 2017, Covington Alert
Two recent federal district court decisions involving computer “spoofing” scams highlight the uncertainty about whether such incidents may be covered under standard “computer fraud” provisions in widely used crime insurance forms. The conflicting results in these cases provide a stark reminder to policyholders that seemingly minor differences in policy wordings ...
July 28, 2017, Medtech Insight
Marialuisa Gallozzi, John Buchanan, and Jeff Kiburtz are quoted in a Medtech Insight article regarding the growing interest in the healthcare sector in buying cyber insurance. According to Gallozzi, "We are in the midst of an evolution of the insurance market right now in this area." She says cyber insurance policies have been a growing trend but unlike other ...
June 14, 2017
WASHINGTON—Covington’s Insurance Recovery practice has received the 2017 Chambers USA "Award for Excellence" in Insurance, marking the sixth time the firm has received this honor in the 11 years it has been awarded. The "Award for Excellence" is given to one U.S. firm representing policyholders in the insurance coverage field. In addition to the award, Covington ...
May 17, 2017, Covington Alert
Last Friday may mark the start of a new era in cyber crime. The first worldwide ransomware attack, commonly dubbed “WannaCry,” emerged on May 12. The malware is believed to have infected more than 300,000 computers in 150 countries to date. A cyber criminal or ring of criminals, taking advantage of an exploit made available by the ShadowBrokers hacker group that ...
May 11-12, 2017, American College of Coverage and Extracontractual Counsel
May 4, 2017, Covington Alert
With effect from today, policyholders may recover damages from insurers for late payment of some insurance claims. For insurance contracts agreed or renewed on or after May 4, 2017 and governed by English law, the UK Enterprise Act 2016 introduces an implied term, affording the policyholder the right to recover losses caused by the insurer’s failure to pay valid ...
April 26, 2017
SAN FRANCISCO—The Daily Journal has named Covington partner Gretchen Hoff Varner one of its “Top 40 Under 40” lawyers in California. The Daily Journal praised Ms. Hoff Varner for her insurance coverage practice, which has successfully recovered millions of dollars from insurers on behalf of a diverse array of clients. The profile also highlighted Ms. Hoff ...
Shrunken Chickens, Neck Flanges, Pill Mills & Bacteria: New Twists on Perennially Difficult Issues in Products-Related Coverage
March 4, 2017, ABA Insurance Coverage Litigation Committee CLE Seminar
February 1, 2017, Covington Alert
In response to the Insurance Act 2015, insurers may increasingly include conditions precedent in their policies in place of warranties, whose effect the Act has weakened. In the recent case of Zurich Insurance Plc v Maccaferri Limited [2016] EWHC Civ 1302, the Court of Appeal in London made clear that an ambiguous condition precedent must be interpreted strictly ...
Six Covington Lawyers Named Law360 MVPs
January 3, 2017
WASHINGTON—Law360 has named six Covington lawyers as MVPs in their respective practice areas. The awards single out lawyers from across various practice areas based on their “success in high-stakes litigation, complex global matters, and record-breaking deals.” The Covington lawyers recognized as Law360 MVPs are: Shara Aranoff, International Trade. Ms. ...
December 14, 2016, Covington Alert
Recent reports from both government and private groups have highlighted the risk that cyber hacking may now cause serious physical injury or damage. This new risk stems from connected industrial controls or electronic devices comprising the Internet of Things (IoT)—the network of over 50 billion objects ranging from children’s toys to home appliances to medical ...
Insurance MVP: Covington & Burling’s Marty Myers
December 1, 2016, Law360
Law360 selected Marty Myers as a 2016 Insurance MVP and profiled his work over the past year, including his representation of World Fuel Services which scored the company a $24.5 million reward for insurance coverage related to a $17 million marine cargo loss off the coast of West Africa. “Each case suggests its own strategies,” Myers says. “In part, it’s being ...
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 ...
Fall 2016, ABA Litigation Section, Insurance Coverage Litigation Committee, Coverage Journal
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 ...
Roundtable: Insurance Act 2015
May 23, 2016, The Law Society Gazette
Alex Leitch and Carlo Kostka 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 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.”
David Pinsky Named Law360 'Rising Star'
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 ...
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: Government Contracts Insurance International Trade Life Sciences Product Liability Sports
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 ...
PSEG Wins Storm Surge Ruling In Sandy Coverage Row
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.
REBUTTAL: Pa. Coverage Law Hasn't Traveled Back To '80s
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, ...
Covington Snags Insurance Pro From Jones Day
May 14, 2014, Law360
Covington partner Marty Myers is featured in this article about his recent move to the firm.
Business of Law
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: Administrative: ...
10/15/2007
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. ...
10/9/2007
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 ...
Covington Recognized in More than Twenty Practice Areas in Inaugural Edition of Legal 500 US
9/28/2007
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 Buyouts: sub-$1b Copyright - regional Copyright Litigation - regional Data ...
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 ...
Covington & Burling Announces Eight New Partners
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 ...
- Chambers Global (2017-2020)
- Only policyholder-side firm ranked in the insurance category
- Chambers USA (2012-2019)
- Exclusive top-tier ranking, with 16 individual lawyers recognized, including seven in the national category
- Chambers UK (2012-2020)
- UK national ranking for our practice group, with one individual lawyer recognized
- Chambers USA Award for Excellence in Insurance
- Sole recipient of Chambers USA’s national award to a policyholder coverage practice seven times during the last 12 years, and shortlisted every other year
- Law360
- Insurance Group of the Year four times during the last 10 years
- Best Lawyers in America
- Seventeen individual insurance lawyers recognized (2017-2020)
- Legal 500 U.S. (2016-2019)
- Exclusive top-tier U.S. national ranking for our practice group, with six individual lawyers recognized
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Who’s Who Legal (2017-2018)
- Ten individual insurance lawyers recognized
- U.S. News and World Report (2018)
- Tier 1 in Insurance Law nationally, in Los Angeles, San Francisco, and Washington
- Tier 3 in insurance Law nationally, in New York
- Legal 500 UK (2011-2016)
- Top-tier UK national ranking for our practice group, with one individual lawyer recognized
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