Practice Details
Complex General Liability & Long-Tail Coverage
Our Complex General Liability and Long-Tail Coverage team represents insurers in complex coverage and bad faith matters at the claim stage, and in litigation before trial and appellate courts across the country. Our team’s successes are grounded in a deep understanding of the insurance business—from the claims, underwriting, and legal perspectives. We focus not only on our clients’ case-specific positions, defenses, and interests, but also on their overall portfolio interests.
We serve as lead and national coordinating counsel to insurers in disputes over general liability coverage for mass torts (asbestos, opioids, PFAS, lead paint, various pharmaceutical products, medical devices, sexual abuse, concussions, and other causative agents) and environmental matters. We have counseled insurers and litigated all of the key coverage issues with an understanding of the nuances of different state’s laws: the insurer’s “right and duty to defend” (including counsel selection, insured’s claim to independent “Cumis” counsel, and fee payment/reimbursement disputes); accident/occurrence; trigger of coverage; allocation (“all sums” vs. pro rata); expected or intended injury or damage; owned property; pollution exclusions (sudden and accidental, absolute, and total); product coverage/exclusions; number of occurrences; aggregate limit issues; supplementary payments; coordination of primary and excess coverage; and myriad other issues. We also represent insurers in disputes over coverage for statutory liabilities, including those related to biometric information privacy (particularly under the Illinois Biometric Information Privacy Act), the Telephone Consumer Protection Act, coal combustion residuals regulations, and the False Claims Act, among others.
We regularly counsel insurers and litigate high-stakes matters involving bad faith and extracontractual claims, involving: policy limit demands; failure to settle; stipulated/consent judgment set-ups; improper claims handling; and all types of allegations challenging an insurers’ response to defense, indemnity, and settlement demands.
We serve as lead and national coordinating counsel to insurers in disputes over general liability coverage for mass torts (asbestos, opioids, PFAS, lead paint, various pharmaceutical products, medical devices, sexual abuse, concussions, and other causative agents) and environmental matters. We have counseled insurers and litigated all of the key coverage issues with an understanding of the nuances of different state’s laws: the insurer’s “right and duty to defend” (including counsel selection, insured’s claim to independent “Cumis” counsel, and fee payment/reimbursement disputes); accident/occurrence; trigger of coverage; allocation (“all sums” vs. pro rata); expected or intended injury or damage; owned property; pollution exclusions (sudden and accidental, absolute, and total); product coverage/exclusions; number of occurrences; aggregate limit issues; supplementary payments; coordination of primary and excess coverage; and myriad other issues. We also represent insurers in disputes over coverage for statutory liabilities, including those related to biometric information privacy (particularly under the Illinois Biometric Information Privacy Act), the Telephone Consumer Protection Act, coal combustion residuals regulations, and the False Claims Act, among others.
We regularly counsel insurers and litigate high-stakes matters involving bad faith and extracontractual claims, involving: policy limit demands; failure to settle; stipulated/consent judgment set-ups; improper claims handling; and all types of allegations challenging an insurers’ response to defense, indemnity, and settlement demands.