Litigation Department of the Year, Insurance: Anderson Kill
Anderson Kill has always been a collegial firm in which young attorneys are accorded an unusual degree of responsibility, autonomy, and respect.
October 16, 2019 at 11:07 AM
3 minute read
What are some of the department's most satisfying successes of the past year and why? We obtained decisions in trial and appellate courts that upheld vital allocation principles for policyholders seeking coverage for long-tail environmental and asbestos claims; clarified the limits of the pollution exclusion, e.g., that the exclusion applied only if the pollution was expected or intended by the policyholder, not by a successor; and rejected an insurance company's attempt to claw back defense costs already advanced. We also aided via amicus an important decision that found coverage under a crime policy for losses stemming from a phishing scam.
A prospective client in crisis calls and asks why your team should be retained. What is your answer? Anderson Kill's New York-based insurance recovery attorneys have recovered billions of dollars in judgments and settlements from insurance companies over the course of more than three decades and have made insurance law in multiple states. We continue to push the envelope, with consequential recent decisions concerning allocation, disgorgement, "direct loss" coverage defenses in cyber claims, and duty to defend.
We represent policyholders only in insurance coverage disputes, maintaining no ties to insurance companies and thus avoiding conflicts of interest. As pioneers in coverage litigation, we have a uniquely long institutional memory. Our practice is supported by a library of tens of thousands of insurance company regulatory filings, manuals, briefs, advertisements and other discovery materials.
What traits do you respect most in opposing firms and lawyers? Honesty, openness, and a minimum of gamesmanship.
What sorts of trends are you seeing in litigation, and what do you think will be the most important development in the law/legal business that will impact your field in the next 10 years? (1) In major environmental/asbestos litigation, battles now center over the allocation of these "long-tail" losses that span many coverage periods, covered by multiple insurance companies.
(2) In claims for data breaches and other cyber losses:
• A current battleground is insurance companies' "direct loss" defenses against coverage when fraud induces employees to wire money to fraudsters.
• In cases of state-sponsored crime and malice, we're starting to see "acts of war" exclusions invoked.
What is the firm doing to ensure that future generations of litigators are ready to take the helm? Anderson Kill has always been a collegial firm in which young attorneys are accorded an unusual degree of responsibility, autonomy, and respect. As a result, we have a steady stream of emerging young stars. We have an active mentoring program, a woman's network to help women advance their careers, and active minority outreach.
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