- Obtained a multimillion-dollar victory for our insurer client under an environmental pollution policy —specifically, the meaning of “pollution condition” in the context of ASIS — in federal district court, which was later upheld on appeal to the U.S. Court of Appeals for the Second Circuit.
- Represented two insurers that were sued along with scores of other carriers in more than 160 direct actions in two states for allegedly failing to protect the insured’s employees and contractors from asbestos exposure. We worked with other carriers to obtain dismissals of every active action at the trial court level; we argued and won the state court appeal that led to the plaintiffs’ discontinuing their efforts in that state.
- Crafted the class action mechanisms to resolve more than $1 billion in asbestos liabilities of an insured California manufacturer and distributor.
- Achieved a de minimis settlement with a major airport in connection with underground diesel fuel leaks arising from earthquake damage.
- Won a multimillion-dollar summary judgment as well as appeal to the U.S. Court of Appeals Second Circuit arising out of contamination in a sealed tank and the interpretation of the defined term “Pollution Condition” in an EIL policy.
- Won a $40 million summary judgment motion in Illinois state court regarding late notice in the context of an EPA 104(e) information request in a claims made and reported policy.
- Represented an insurer in the Nebraska Supreme Court, defeating the insured’s effort to hold the insurer jointly and severally liable for nearly $10 million in damages for costs associated with environmental contamination that spanned 40 years.
- Represented an insurer in a lead-contamination case alleging hundreds of millions of dollars in damages that raised duty-to-defend and consent-to-settle issues, winning on motion before the trial court and on appeal to the Eleventh Circuit.
Firm News
BTI Consulting Group Recognizes Troutman Pepper’s Anna Dix, Richard Pratt Among 2024 Client Service All-Stars
June 4, 2024