Settlement of Major Environmental Coverage Dispute Through Mediation

Gilbert LLP was retained as settlement counsel by a Fortune 500 electric power company to resolve insurance claims for substantial coal-ash environmental liabilities arising from its historical operations.  Working closely with the client and litigation counsel at another firm, and with the involvement of a mediator, we were able to create litigation pressure points and settlement windows that allowed us to settle with all of the insurers on favorable terms well in advance of trial, as the judge presiding over the case was about to decide multiple summary judgment motions on key issues brought by both the client and the insurers.  While we often serve as both litigation and settlement counsel for our clients, Gilbert LLP has pioneered the use of separate litigation and settlement counsel to facilitate positive outcomes for our clients, whether that consists of separate teams within our firm or, as here, separate teams in partnership with another firm.