Insurance: Dispute Resolution: Policyholder: Nationwide

THE FIRM Covington continues to be the dominant force in the field, with market competitors conceding it is the benchmark for policyholder representation. The firm is regularly involved in the most high-value and high-profile coverage matters, with particular expertise in asbestos and environmental disputes. While much of the team's critical mass lies in Washington, DC, the practice maintains an excellent standing in California and has grown its footprint in New York. Key clients come from a range of industrial sectors and include BP, UnitedHealth and Vulcan Materials.  

Client Service "The lawyers are extremely responsive and very easy to deal with. They make themselves available a lot from multiple locations."

Commercial Awareness "The main thing that stands out is that Covington has great experience in the field of insurance litigation. They know all about old cases that can be applied to the situation at hand and argue cases in front of judges very well."

KEY INDIVIDUALS Peers and clients alike are full of praise for California partner Donald Brown. "He is an excellent tactician and any client would be happy to have him working on their behalf," say impressed sources. He has been involved in a series of insurance coverage arbitrations relating to product damage.

Also in California, David Goodwin is identified as one of the strongest players around in contentious insurance cases. Clients say he is "a world-class litigator and an expert in insurance disputes." He took the lead in the firm's representation of BP in four coverage actions arising from the Deepwater Horizon oil spill worth a combined $1.1 billion.

Lawrence Hobel is another key member of the firm's California team. His recent practice has focused on a range of toxic tort and asbestos coverage disputes.

In Washington, DC, practice chair Mitchell Dolin is regarded by the market as "a skilled practitioner with tremendous trial experience." He is experienced in complex coverage disputes both in the USA and in London, and has been particularly involved in high-value asbestos cases.

"Very talented lawyer" William Greaney takes the lead on a series of major matters from his DC base. He is heavily involved in the firm's work in major environmental coverage disputes, and has also taken a lead role in a series of complex cross-border disputes.

Sources on the insurer side admit DC partner William Skinner is "a formidable adversary in arbitrations." He recently represented Chiquita Brands International in coverage claims relating to underlying tort lawsuits.

Also in DC, John Buchanan earns praise from the market for his extensive knowledge and understanding of this practice area. He recently represented Consolidated Rail in a multimillion-dollar coverage dispute in Pennsylvania. 

THE FIRM This long-established New York policyholder practice remains a leading player in the national market. The group is vastly experienced across the range of insurance-related disputes including class action litigation, professional liability, business interruption and environmental disputes. The latter area has been a key recent focus, with asbestos bankruptcy insurance recovery and Chinese drywall coverage taking a prominent position in the practice's workload. Clients are especially impressed by the firm's dedication and involvement in their business decisions.

Client Service "The AKO lawyers worked as an effective team for the benefit of the client. They continued to build on our existing relationship, not by billing more but by offering more in terms of ongoing news and analysis in this area."

Commercial Awareness "Anderson Kill is very good at dealing with insurance companies. The lawyers have tons of knowledge and it is very helpful to have someone who knows what they are dealing with."

KEY INDIVIDUALS Leading practitioner Robert Horkovich is praised by commentators as "a tireless defender of his clients." He is particularly highly regarded for his deep expertise and experience in insurance coverage trials and pragmatic approach to such cases.  

William Passannante has been particularly active in the environmental space, having handled major coverage disputes involving Chinese drywall and asbestos liabilities. 

THE FIRM An active presence on both the East and West Coasts ensures this highly regarded firm remains a key player for insureds across the country. Peers note the insurance team is well equipped to represent companies in the most sophisticated and high-value of disputes. Recent highlights include the California group's representation of San Diego Gas & Electric in coverage matters worth $2 billion arising from the 2007 San Diego wildfire litigation.  

Commercial Awareness "Nothing is too big for Dickstein Shapiro thanks to its creative lawyers, where talent is not just knowing coverage but also managing huge pieces of litigation."

KEY INDIVIDUALS Leading DC partner John Heintz is held in high regard by peers and clients, who describe him as "a very effective person to deal with in complicated matters." He recently represented Florida-based company Leslie Controls in a complex asbestos bankruptcy dispute. 

Also in Washington, DC, Andrew Reidy is highly popular among those who have worked alongside him. He represented Elementis in a major coverage action in Wisconsin against eight separate insurance companies.

In California, Kirk Pasich leads the firm's national insurance practice and enjoys "a very strong reputation as a knowledgeable and experienced litigator." He has been active in the entertainment industry, representing Fox in E&O liability insurance issues surrounding a copyright infringement class action.

Stephen Goldberg is another California partner with a healthy standing in the field. Peers praise him for his knowledge and experience in complex disputes. "He is analytically very sharp and thoughtful, so he avoids a lot of blind alleys and dead ends," say commentators. 

THE FIRM A rapid rise in New York has put this firm on a footing to enhance its nationwide standing in policyholder dispute work. Indeed, while the main core of the team resides on the East Coast, the practice also boasts a strong presence in San Francisco. Kasowitz is experienced in representing major organizations in coverage and liability matters, exemplified recently by its work on behalf of Yelp! in E&O and D&O insurance recovery issues.  

Commercial Awareness "The legal decisions recommended and made by Kasowitz are always in conjunction with what is happening in the real world."

KEY INDIVIDUALS Market commentators continue to heap praise on policyholder practice leader Robin Cohen, particularly for her strategic approach and practical understanding of the opposition. She is described as "a real standout - innovative and a fabulous all-around attorney."

THE FIRM Reed Smith now houses insurance experts in seven cities across the USA, earning particular acclaim for its presence in Chicago, New York, San Francisco and Los Angeles. Offices in Philadelphia, Pittsburgh and Washington, DC add to its impressive depth and ability to serve clients nationwide. The practice represents a number of major financial institutions in significant matters, none more so than its work on D&O issues arising from the high-profile bankruptcy of Lehman Brothers.  

Sources say: "Reed Smith has a ton of good coverage people that will be seen in cases all over the country."

KEY INDIVIDUALS Sources agree that Chicago practitioner John Vishneski is "one of the leaders in policyholder work." He focuses on a range of liability insurance and first-party property coverage disputes. Vishneski recently acted for Japanese company NDK Crystal following an explosion at an industrial crystal manufacturing plant.  

John Shugrue is also based in Chicago and represents policyholders in complex disputes. He focuses on professional and fiduciary liability claims, and recently represented Tribune in insurance issues arising from the company's bankruptcy.

California partner David Halbreich has taken a lead in the firm's representation of Bank of America/Countrywide in major multijurisdictional, high-stakes litigation against its mortgage insurers. 

THE FIRM This firm has insurance expertise across the country and earns recognition on the West Coast in California, in the Midwest in Illinois and on the East Coast in Washington, DC. The insurance practice has looked to grow and remains at the forefront of some significant pieces of work arising from the global economic crisis. The team is particularly well regarded for its expertise in insurance litigation thanks to the firm's dedicated dispute resolution focus.

Client Service "Jenner's lawyers are very timely and make themselves available when issues arise. We have never had any difficulty reaching them."

KEY INDIVIDUALS The irrepressible Jerold Oshinsky remains the foremost practitioner at the policyholder Bar. Based in California, he is still regarded as the undisputed leader by his clients: "His reputation as a world-class policyholder-side lawyer is priceless when negotiating with sophisticated insurance companies: retaining Jerry sends the unmistakable message that you mean business. There is no substitute for that."

Lorelie Masters is "definitely a major player" in the field, according to commentators. As well as handling major national policyholder disputes, she has an outstanding reputation for her experience in Bermuda Form insurance issues. 

Since publication, Jerold Oshinsky has joined Kasowitz, Benson, Torres & Friedman LLP

THE FIRM K&L Gates joins the rankings this year after earning ringing endorsements from across the market. Policyholder clients praise the insurance team for its ability to obtain favorable results while displaying an impressive command of their business needs. The firm has been traditionally strong in environmental coverage and also handles a range of D&O disputes. The practice is able to handle sophisticated disputes, having represented PPG in an asbestos bankruptcy matter involving a $3 billion settlement. The practice is headquartered in Pennsylvania but also has a presence on both coasts.  

Client Service "With K&L Gates, I have never gotten the impression that the loyal relationship hinges on our volume of billable hours in any given year."

KEY INDIVIDUALS Thomas Birsic co-heads the practice from the firm's Pittsburgh office.

THE FIRM This California-based firm houses insurance expertise in Los Angeles and San Diego yet has the capability to represent policyholder clients across the country. The practice regularly deals with major first and third-party coverage disputes arising from natural disasters and environmental issues. Recent bank failures have also formed a key part of the team's professional liability practice. The team was recently involved in the creation of a union-side lockout insurance policy on behalf of the National Football League Players Association after the well-publicized NFL lockout. 

Sources say: "Latham & Watkins is excellent substantively. The lawyers know and understand the law in this area and have brought a significant amount of expertise."

KEY INDIVIDUALS Interviewees describe department head Andrew Lundberg as "really outstanding and as smart as anyone out there with a coverage practice." He has taken a lead in the firm's representation of the Los Angeles Dodgers in a coverage action against Hartford Life & Accident involving pitcher Paul Shuey.

Peter Rosen is based in Los Angeles and focuses his practice on first-party property issues, particularly arising from major disasters including Japanese earthquakes, Hurricane Katrina and 9/11.

THE FIRM A 16-office nationwide insurance practice and an international presence in London, Paris, Tokyo and Frankfurt enable this firm to offer clients a wealth of expertise. The practice deals with the full range of coverage disputes on behalf of clients from various industrial sectors including Deutsche Bank, drinks giant PepsiCo and Thorpe Insulation.

Sources say: "On the technical expertise side Morgan Lewis is top of the class. The lawyers are strategic in their approach to dispute resolution."

KEY INDIVIDUALS Los Angeles practitioner Michel Yves Horton is highly regarded by peers on both coasts as an effective trial lawyer in contentious insurance issues. He took a lead role in the firm's representation of Thorpe Insulation on asbestos coverage issues arising from its bankruptcy.

Paul Zevnik heads the firm's insurance department from its offices in Washington, DC. He has been heavily involved in a number of significant asbestos coverage disputes with values ranging from $300 million to in excess of $1 billion. 

THE FIRM This firm's national insurance practice is particularly strong in New York and Chicago although it also boasts a healthy and growing presence on the West Coast. The team deals with a range of coverage disputes on behalf of insureds including professional liability and fidelity bond issues. The group has boosted its national profile with positive results in trials involving life insurance policies in Texas and Florida.

Sources say: "The lawyers have knowledge of the industry and the ability to control costs during litigation while working toward positive results."

KEY INDIVIDUALS Practice head Nancy Cohen is based in Los Angeles and earns praise across the country for her trial abilities. "She has quite a track record and is extremely effective in the courtroom," according to commentators. 

New York partner Seth Schafler "does terrifically well serving clients," say sources. He focuses his practice on professional liability disputes on behalf of policyholders. 

Jones Day benefited by picking up "wonderful lawyer" David Steuber in Los Angeles following the dissolution of Howrey. He recently represented KB Home in D&O coverage claims relating to high-value litigation.
Tyrone Childress also joined Jones Day's Los Angeles office from Howrey. He has served as national coverage counsel for Union Pacific regarding insurance claims for railroad damage. According to clients, "he is one of the few lawyers that really tells you the way it is."
Perkins Coie LLP has also benefited from movement in the market with Leon Kellner joining the firm in Washington, DC from Dickstein Shapiro. He is regarded by the market as an extremely accomplished coverage disputes practitioner.  
Timothy Burns, practice head at Perkins Coie LLP, is based in Madison, Wisconsin. His practice is primarily focused on D&O liability disputes but he also has a healthy coverage practice on behalf of corporate policyholders.
Mark Plumer of Orrick, Herrington & Sutcliffe LLP's Washington, DC office is a favorite among clients, who describe him as "extremely responsive to business needs as well as legal issues."
Jill Berkeley of Neal, Gerber & Eisenberg LLP in Chicago is praised by clients for her deep expertise in coverage disputes. "Her knowledge and skills are unparalleled," say sources.

Future Events 

16th May 2013: GC Seminar, London Sponsor-backed IPOs: IPO Exits of Portfolio Companies

21st May 2013: GC Seminar, New York Hackers Are After Your Data!: Practical Ways To Reduce Data Security Breach Exposure

23 May 2013: Chambers USA Awards for Excellence 2013, New York 

24 May 2013: Launch of Chambers USA 2013, New York and online

29th May 2013: GC Seminar, New York Going Mobile: IP and Privacy Considerations

4th June 2013: GC Seminar, Houston Challenges in Creating An Effective and Coordinated Global Compliance Program

9 September 2013: Chambers Latin America Awards 2013, Miami

10 September 2013: Launch of Chambers Latin America 2014, online

3rd October 2013: Chambers Bar Awards 2013, London

 

Chambers News

10 May 2012: Chambers Europe Awards for Excellence, Amsterdam