November 02, 2018
Through litigation in state and federal courts and arbitration fora, we pioneered the pursuit of so-called “non-products” coverage for mass tort bodily injury claims. The insurance industry had attempted to restrict its obligations for mass tort bodily injury claims to so-called “products” coverage, which generally is subject to aggregate limits of liability. In contrast, “non-products” coverage for such claims often is uncapped under the plain language of the insurance policies. This distinction has resulted in billions of dollars of additional payments by insurers in mass tort bodily injury cases.