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Trials and Settlements
Anderson Kill has more insurance coverage trial experience than any other law
firm. Anderson Kill's record of success against insurance companies is extraordinary.
We have recovered billions of dollars in settlements from insurance companies. Our success in achieving
favorable settlements is partly attributable to our having developed proprietary computer models to
establish settlement values and aid in preparing settlement proposals. We have obtained successful and
well-publicized settlements in numerous cases, including the following:
Some Successful and
Well Publicized Matters
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| 1. |
State of California -
selected by the State of California as lead trial counsel.
Won jury verdict securing coverage for the Stringfellow Acid
Pits, described as the most complex environmental clean-up
in the world. Recovered gross settlements of over $121
million plus defense before trial. |
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| 2. |
ConocoPhillips
- the
Louisiana Court ruled that ConocoPhillips is
entitled to defense against bodily claims as an additional
insured arising from discharged-product recovery effort.
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| 3. |
ABM
- among
other things, ABM sought Business Income and Extra Expense
coverage for in excess of $100 million. Aside from the
building owner, Silverstein Properties, ABM’s claim is
believed to be the largest litigated 9/11-related claim made
as a result of the events of that day. |
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| 4. |
Purdue
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Purdue is a pharmaceutical manufacturer.
Beginning in 2001, numerous lawsuits were brought against
Purdue by individuals claiming that they had been harmed by
one of Purdue’s products, OxyContin Tablets©. Purdue sought
defense and indemnity from its products liability insurance
companies. Purdue sought to select its own counsel and
control its own defense of these cases with its insurance
companies funding the defense. |
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| 5. |
Diocese of Greensburg -
Following a settlement with various insurance companies
for a major property loss, the Roman Catholic Diocese of
Greenburg Pennsylvania won a multi-million dollar jury
verdict against its third party administrator. |
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| 6. |
In Re: Katrina Canal
Breaches Consolidated Litigation - Included in this case
is a class action lawsuit which is the most comprehensive
and far reaching insurance coverage-related litigation
arising out of the aftermath of Hurricane Katrina. In the
most significant pro-policyholder decision arising out of
Hurricane Katrina, a Federal Judge in Louisiana ruled that
all-risk homeowners insurance policies sold by several
insurance companies covered losses resulting from the
ruptured levees in the Greater New Orleans Metropolitan
Area. |
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| 7. |
Warrantech
Consumer Products, Inc.
- this case was the first insurance coverage lawsuit brought
against various state guaranty funds arising from losses
sustained by companies that sold consumer extended warranty
contracts. In a novel approach, the state funds were sued
in one jurisdiction rather than in each state venue. As a
result of the litigation, the claim was settled for
approximately $1 million. |
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| 8. |
New York
City Housing Authority (“NYCHA”) - this case was one of
the earliest insurance coverage lawsuits arising from the
attacks on 9/11/01. The complexity of the claims and issues
of proof involved were extraordinary. The claim was for $71
million and the lawsuit ultimately settled for a
confidential sum close to that amount. |
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| 9. |
Allied-Signal Corporation
– settlement involving 250 waste sites, with Travelers
Indemnity Company, accomplished in September, 1990. The
Wall Street Journal reported the following:
“This is the
first settlement of environmental liabilities of this
magnitude. Many thought cases of this size could not be
settled,” said David Ichel of the New York law firm Simpson
Thatcher & Bartlett, a lawyer for the Travelers Corp. unit. |
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| 10. |
Fuller-Austin
Insurance Company v. Fireman's Fund Insurance Company, et
al., No. BC 116835 (Cal. Super. Ct., L.A. County, May
2, 2003) - Successfully tried case to recover insurance
proceeds in connection with asbestos liabilities for
asbestos personal injury claims, resulting in a jury
verdict in excess of $188 million against non-settling
insurance company defendants. Recognized by The National
Law Journal as one of the top ten jury verdicts in the
United States for 2003. |
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| 11. |
Honeywell—over $45 million in settlements with over 30 insurance companies of environmental liabilities in less than 2 ˝ years. |
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| 12. |
AT&T—a very substantial settlement involving over 25 waste sites and more than a dozen insurance companies. |
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| 13. |
Weyerhaeuser Company—successful settlements with 33 out of 34 insurance companies, in an amount reported to exceed $70 million, within 19 months of filing the action and before the first "test site" trial. |
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| 14. |
Champion International—successful settlement of approximately $45,000,000 or close to 50% of Champion's estimated damages, after only a little more than 18 months of litigation. |
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| 15. |
Copley Pharmaceutical—successful settlement of Albuterol MDL class action during trial by posting of insurance company letters of credit. No litigation with insurers. |
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| 16. |
Celanese—settlement of insurance claims arising from polybutylene plumbing systems. Reached coverage in place agreements or lump-sum settlements with all but one carrier before trial. Verdict for policyholder at trial. |
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| 17. |
General Electric—settled significant business interruption claim within seven months of filing complaint, for an amount that was 20% greater (in excess of $1,000,000) than the client's "best case" scenario. |
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| 18. |
New York Superintendent of Insurance—recovered over $55 million in settlement in a litigation brought by the New York Superintendent on behalf of the policyholders of Union Indemnity Insurance Company against its corporate parent, Frank B. Hall and others. |
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| 19. |
Celotex Corporation—recovered more than $300 million in settlement from, among others, AIG, Employers of Wausau, CNA, and Home Insurance Company. The settlements with AIG, Wausau, and CNA were for full policy limits in addition to defense costs. |
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| 20. |
Schering-Plough—settlements with all insurance companies (more than 20), recovering virtually all of Schering's environmental cleanup costs. |
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| 21. |
Ex-Cell-O v. AIU—significant settlements were achieved before trial with more than one dozen insurance company defendants, which enabled the policyholder to collect dollar amounts that well exceeded its full litigation costs. |
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| 22. |
Magma Copper—successfully concluded a multi-million dollar settlement to pay for Magma's flood damage first party property claim. |
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| 23. |
General Metals—achieved a substantial settlement for a large percentage of this scrap metal recycler's damages in remediating environmental property damage and in defending itself from federal and state environmental authorities, as well as other potentially responsible parties. |
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| 24. |
The Grupe Company—bad faith jury trial involving construction defects settled after plaintiff called the first witness. |
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| 25. |
Curtiss-Wright Corporation—over $25 million in successful settlements with all of the defendant insurance companies in this environmental insurance coverage litigation involving sites in New Jersey, New York and elsewhere. |
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| 26. |
EDO Corporation—successful settlements with both primary insurance companies came after precedent-setting decision on the duty to defend policyholders against environmental clean-up claims. |
Trials We've Conducted
We have more insurance coverage trial experience than any other law firm.
Anderson Kill is known to have the ability to try successfully—and win—insurance
coverage cases on behalf of policyholders. This fact often is a significant
factor in reaching successful settlements.
| Cases in Which Anderson Kill Represented Policyholders at Trial |
Verdict For |
| Keene Corp. v. Insurance Co. of N. Am.,
667 F.2d 1034 (D.C. Cir. 1981), cert. denied, 455 U.S.
1007 (1982) (landmark case that established the
"continuous trigger," finding that each insurer
on the risk between the initial exposure to asbestos and
manifestation of an asbestos-related disease was liable to
Keene for indemnification and defense costs). |
policyholder |
| Weyerhaeuser Co. v. Commercial
Union (Wash., King County, March 6, 1996) (seven sites tried simultaneously—jury found coverage for policyholder at 5 out of 7 sites). |
policyholder |
| Weyerhaeuser Co. v. Aetna Casualty & Sur. Co., No. (Wash., King Co. Nov. 9, 1994) (two "test" sites tried—jury found coverage for policyholder at a major superfund site). |
policyholder |
| Williams Pipe Line Co. v. Insurance Co. of N. Am., Case No. 92-C-125-B (N.D. Okla. Dec. 2, 1993) (unanimous jury verdict for $5 million, the policy limits, awarding coverage for environmental contamination). |
policyholder |
| Central Illinois Public Services Co. v. Allianz Underwriters Ins. Co., et al., No. 90 L 11094, (Ill. Cir. Ct., Cook County Sept. 1991). |
policyholder |
| New Castle County v. Continental Casualty Co., et al., No. 85-436-JLL (D. Del. June 1989). See 725 F. Supp. 800 (1989) aff'd in part, rev'd and remanded in part, 933 F.2d 1162 (3d Cir. 1991). |
policyholder |
| Broderick Inv. Co. v. Hartford Accident & Indem. Co., No. 86-Z-1033 (D. Colo. October 1989) rev'd, 954 F.2d 601 (10th Cir. 1992); rev'd and remanded for new trial, No. 90-1112, slip op. (10th Cir. Apr. 15, 1992). |
policyholder |
| Utica Mut. Ins. Co. v. Bausch & Lomb, Inc., No. 87 CG 4860, (Md. Cir. CT Baltimore County Dec. 1990) rev'd, No. 657, Slip Op. (Md. CT Spec. App. April 3, 1992), jdgmt aff'd in part, modified in part, Bausch & Lomb, Inc. v. Utica Mut. Ins. Co., 330 Md. 758, 625 A.2d 1021 (1993) (Jury Verdict). |
policyholder |
| Hoechst Celanese Corp. v. National Union Fire Ins. Co., C.A. No. 89C-SE-35-RSG (Del. Super. CT Sept. 26, 1997). |
policyholder |
| Cascade Corp. v. American Home Assurance Co., No. 9205-03083 (Or. Cir. CT Sept. 15, 1997). (Jury Verdict). |
policyholder |
| McLean v. Continental Casualty Co., No. 95 Civ. 10415 (HB) (S.D.N.Y. Feb. 5, 1997). |
policyholder |
| Silgan Container Corp. and Silgan Corp. v. Federal Ins. Co., et al., Case No. BC 144009 (Cal. Super. CT, Los Angeles County Dec. 18, 1997). (Jury Verdict). |
policyholder |
| ZRZ Realty Co. v. Beneficial Fire & Cas. Ins. Co., No. 9708-06226 (Ore., Multnomah County, 2000) |
policyholder |
| Ex-Cell-O Corp. v. AIU Ins. Co., et al., 85-CV-71371 DT (E.D. Mich. Mar. 1990). |
insurance companies |
| National Union Fire Ins. Co. of Pittsburgh, Pa. v. Jordache Enterprises, Inc., No. 17871/92 (N.Y. Sup. CT, NY Co. Oct. 17, 1995); and Jordache Enterprises Inc. v. National Union Fire Ins. Co. of Pittsburgh, Pa., No. 92 C 1952 (W. Va. Cir. CT, Kanawha Co. Oct. 30, 1995). |
policyholder |
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