Toxic Tort

The explosion of toxic and other mass tort claims over the last 20+ years has resulted in a dramatic increase in complex coverage litigation.  Clausen Miller has been -- and continues to be -- at the forefront of creatively and vigorously protecting our clients’ interests from initial claim(s) through resolution.  We have been called upon to analyze and/or litigate virtually every coverage issue to arise in this area, involving every type of substance, in virtually every state in the country.

Our attorneys are experts in handling all aspects of toxic and mass tort coverage matters.  We routinely provide coverage opinions on cutting edge legal issues, such as appropriate trigger and allocation methodologies; the number of “occurrences” potentially at issue and past/future damages calculations; as well as the myriad policy-based defense unique to each individual case.  Our representation of primary, excess and umbrella carriers often begins well before the filing of a coverage lawsuit in the claims handling process and extends through trial, settlement or any appeal.  As an example, our office drafted the mold exclusion utilized by a major international insurer.

Indeed, our clients include some of the largest insurance companies in the world and we consistently advise and defend them in some of the largest mass-tort coverage cases in the nation.  Clausen Miller serves as national and/or regional coverage counsel for a number of our insurance clients.  In the toxic tort arena, we currently serve as national coordinating coverage counsel for mold claims as well as its national counsel for municipal cases against gun manufacturers.  Other representative toxic or mass tort coverage cases handled by our Liability Coverage Group include the following:

First State Ins. Co. v. Minnesota Mining & Manufacturing, Co. (3M), et al. (Minnesota - Breast Implants)

Truck Insurance Exchange v. Kaiser Cement & Gypsum Corporation, et al. (California - Asbestos)

John Crane, Inc. v. Admiral Ins. Co., et al. (Illinois - Asbestos)

Union Carbide Corporation v. Affiliated FM Ins. Co., et al. (New York - Asbestos)

Air Liquide America, LLP, et al. v. United States Fire Ins. Co.  (Texas - Silica)

Missouri Pacific Railroad, et al. v. Admiral Ins. Co., et al. (Illinois - Noise Induced Hearing Loss)

Atlanta International Ins. v. Conwood Co., L.P., et al. (Tennessee - Smokeless Tobacco)

State of Louisiana v. The American Tobacco Co., et al. (Louisiana - Tobacco)

Certain Underwriters at Lloyds, London v. Millennium Holdings, LLC, et al. (New York - Lead Paint)

Arcelor Techalloy - MDL Welding Rod Litigation (N.D. Ohio - Welding Rods)

In addition to providing expert counsel for mass tort claims and litigation, the Liability Coverage Group takes pride in demonstrating our expertise through industry seminars, publications, CLE training sessions and our own CM Report.  The following is a representative sample of our recent toxic tort publications:

The Absolute Pollution Exclusion and its Applicability to Mold Claims:  Is it the Bermuda Triangle or Paradise Gained? - by Gordon Walton (New York Continuing Legal Education Series - June 11, 2004)

Welding Rod Litigation:  The Sparks Are Flying - by Gordon Walton (New York Continuing Legal Education Series - September 15, 2005)

In sum, Clausen Miller’s Liability Coverage Group has the experience, knowledge and resources to keep you ahead of coverage developments in toxic and mass tort liability, and to successfully represent your interests through the complex claims and litigation process.