The Gilbert Edge
Our specialty is complex dispute resolution, and we bring unmatched insight and innovation to every problem we confront.
Select Current Matters
Environmental Coverage Dispute
Gilbert LLP was retained by a major electric power company as settlement counsel in connection with pending litigation being handled by another firm. The company is seeking to secure insurance proceeds from more than a dozen insurers for its environmental liabilities related to coal-ash basins at the company’s power plants.
The use of separate settlement and litigation teams can have distinct benefits in resolving complex, multi-party disputes. It is a technique Gilbert lawyers pioneered, both for matters being litigated by other firms, as here, and for matters we litigate ourselves.
Talc Supplier Bankruptcy Case
Gilbert LLP builds on its long experience recovering insurance in mass-tort bankruptcy cases in the Chapter 11 proceeding filed by Imerys Talc America, Inc. (and related companies), a primary supplier of talc to Johnson & Johnson. In June, 2019, Gilbert was retained as special insurance counsel to the Official Committee of Tort Claimants in the Chapter 11 bankruptcy proceedings.
Imerys is facing thousands of lawsuits alleging its products caused ovarian cancer and mesothelioma, and filed for Chapter 11 bankruptcy in February, 2019. Debtors allege that there may be billions of dollars of insurance available to pay these claims, but insurers have disputed their obligations. The ability to recover this insurance will be a significant factor in the ultimate ability of any resulting trust to pay the claims of the individuals injured by Imerys.
Gilbert’s specific experience in this area—recovering contested insurance in the context of a mass-tort bankruptcy case—led the Imerys Tort Claimants Committee to select Gilbert as its insurance counsel. Our skill at the intersection of these disciplines uniquely positions Gilbert to add value by evaluating, preserving, and recovering the insurance in the context of the Imerys proceedings.
Asbestos-Related Insurance Coverage Litigation
In our experience, insurance companies very often contest their contractual duties and obligations to pay mass tort product liability claims facing their policyholders. Gilbert LLP is continuing to lead the fight on behalf of corporate policyholders, trusts and others against insurers in courts throughout the country, including its representation of an internationally renowned manufacturer of auto parts.Through litigation in Illinois state court, Gilbert LLP has zealously pursued over a dozen of the nation’s largest insurers, securing ground-breaking rulings under Illinois law regarding the manner in which excess insurance policies are impacted by and required to respond to asbestos claims. As a result of Gilbert’s advocacy, its client has resolved hundreds of millions of dollars in disputed insurance limits and defeated several insurer motions for summary judgment that could have limited or eliminated insurers’ obligations. We also have preserved our client’s rights to seek additional recoveries, including relief based upon the insurers’ bad faith refusal to pay claims.