Coverage Litigation

On at least six occasions in the last few years, A&K has recovered $1m or more for corporate clients. We have won novel coverage arguments, as well as the leading duty-to-defend case in Massachusetts. For example, we were among the first to successfully argue multiyear, multilayer coverage for asbestos and environmental claims. We have won “sick building,” toxic tort, construction and sexual abuse claims, as well as untested coverage issues under D&O liability policies.

Examples of our work include:

  • We obtained coverage, almost $1m in defense costs, and a substantial settlement contribution from our client’s Employment Practice Liability (EPL) insurer after it had initially denied coverage. The client’s California employees had sued in a class action that claimed violations of wage and labor laws.
  • Recovering over $9m in legal fees for a developer from D&O insurers in a coverage case arising from a dispute with a joint venture partner in Hong Kong.
  • Obtaining coverage for a biotech client whose insurance company denied coverage for a multimillion dollar loss resulting from a spilled drug, under a marine insurance policy.
  • Obtaining coverage under a D&O policy for publicly traded hotel chains for suits alleging breach of fiduciary duty by a competing hotel.
  • Obtaining coverage under a D&O policy for a client responding to an IRS subpoena.
  • Winning a precedent-setting victory in the First Circuit by establishing a duty to defend and a right to coverage for indoor pollution and sick buildings claims.

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