Warren Pumps
The New York Court of Appeals which had historically required pro rata allocation, for the first time adopted an all sums allocation that allowed policyholders to pick and choose which years it wanted to triggered and therefore could avoid insolvencies, a multi-billion dollar issue for the insurance industry.
Counsel to Warren Pumps LLC in a case seeking coverage from more than a dozen insurance companies for thousands of asbestos-related claims. The firm’s lawyers have secured several high-profile courtroom victories for Warren, including a decisive jury verdict worth hundreds of millions of dollars, and landmark decisions from the New York Court of Appeals on the allocation of long-tail claims, and the Delaware Supreme Court on critical issues, including assignment of policy rights and the trigger of coverage, which have allowed Warren to access more than $500 million dollars in asbestos insurance coverage limits.
Medidata
The Southern District of New York issued the first decision in the country upholding insurance coverage for a spoofing e-mail fraud under cyber-insurance policies, which was affirmed by the Second Circuit.
Counsel to Medidata Solutions Inc. in securing a Summary Judgment ruling from the U.S. District Court for the Southern District of New York allowing Medidata to access coverage under a Federal Insurance Co. commercial crime insurance policy for a loss that the company suffered as a result of a computer fraud incident. The decision is one of the first involving coverage for email “spoofing,” a threat faced by many companies, in which fraudulent transfers of money are induced by emails to employees that appear to be from the email accounts of senior company officers, but are sent by the perpetrators of the fraud with replies routed back to accounts the perpetrators control.
TIAA
The Delaware Supreme Court clarified disputed precedent by affirming the Superior Court’s ruling confirming that settlements of civil disgorgement actions are insurable.
Counsel to Teachers Insurance and Annuity Association of America (“TIAA”), College Retirement Equities Fund (“CREF”) and other related entities (collectively, “TIAA-CREF”) in an insurance coverage lawsuit filed in Delaware Superior Court in May 2014 against certain of TIAA-CREF’s primary and excess professional liability insurers seeking reimbursement of more than $60 million for the costs of defending and settling three class-action lawsuits alleging claims relating to delays in processing account holders’ transfer requests in certain investment accounts. Obtained a landmark decision from President Judge Jan Jurden granting summary judgment to TIAA-CREF on October 20, 2016 (which was further reaffirmed on November 16, 2016, when the court denied the insurers certification of an interlocutory appeal), finding that a civil settlement of a lawsuit involving claims for disgorgement was an insurable loss under New York law, and a jury verdict finding that one insurer waived its consent to settle defense and that TIAA-CREF was entitled to recover 100% of its defense costs as reasonable and necessary. The decision was affirmed by the Delaware Supreme Court on July 30, 2018.
NJ Transit
In a first of its kind ruling, the court held that flood sublimits did not apply to limit coverage for Superstorm Sandy’s storm surge losses.
New Jersey Transit Corporation in securing a decisive victory in New Jersey appellate court allowing the company to access up to $400 million in insurance coverage from a group of excess insurance carriers to make much-needed repairs to its property following the devastating impact of Superstorm Sandy. The court rejected the insurers’ attempts to enforce a $100 million “flood” sublimit in the policies finding that Superstorm Sandy met the policies’ definitions of “named windstorm,” for which there is no sublimit.
Givaudan Fragrances
New Jersey Supreme Court established rule in New Jersey that anti-assignment provisions in insurance policies are not enforceable after a loss has already occurred.
Counsel to Givaudan Fragrances Corporation in securing a victory for corporate policyholders with far-reaching implications in protecting a corporate insured’s right to reorganize its business as it sees fit, without fear of risking the forfeiture of its historic insurance coverage. The unanimous New Jersey Supreme Court decision upheld an earlier appellate court ruling which affirmed Givaudan’s right to seek more than $500 million in insurance coverage for governmental and private claims related to environmental damage to the Passaic River and Newark Bay.
Conduent
Delaware Superior Court ruling established that civil investigatory demands investigating a policyholder’s potential wrongdoing are covered Claims.
Counsel for Conduent State Healthcare, LLP in securing a ruling that Conduent was entitled to recoup the defense costs that it incurred in responding to civil investigatory demands (or “CIDs”) served on Conduent by the Texas Attorney General’s Office. The CIDs had alerted Conduent, the claims administrator for Texas’s Medicaid orthodontics program, that the state was investigating possible Medicaid fraud and other claims. In its ruling, the Delaware Superior Court rejected the insurer’s contention that the CIDs were not “Claims” alleging “Wrongful Acts,” as is required for coverage. The court recognized a split of authority outside Delaware, but in a case of first impression in Delaware, held that the better authority would recognize the CIDs as Claims for Wrongful Acts.
Syracuse
New York Appellate Court in a first-of-its kind decision, required coverage for costs of responding to government subpoenas.
Counsel to Syracuse University in securing a victory from New York’s Appellate Court stating National Union Fire Insurance Co. of Pittsburgh, Pennsylvania, is liable for defense costs the University incurred responding to and conducting an investigation in connection with a number of state and federal grand jury subpoenas relating to allegations of sexual abuse against its former associate basketball coach, Bernie Fine. In March 2013, the university was awarded initial summary judgment for this particular claim under a Not-For-Profit Individual and Organization Insurance Policy. In December 2013, New York’s Appellate Division, 4th Department, unanimously affirmed this ruling.
Pella
Iowa federal court rulings established numerous precedents concerning insurance coverage for construction defect claims.
Counsel to Pella Corporation and various of its subsidiaries against numerous insurance companies in several Iowa federal court actions in which Pella was seeking insurance coverage for more than $50 million in costs incurred in defending and settling more than twenty class action lawsuits alleging that certain Pella windows and doors were defective and, as a result, leaked and caused water damage. As a result of a string of wins on various motions for summary judgment in the Southern District of Iowa, Pella was able to secure a global settlement with its insurers in 2019. Key legal rulings procured for Pella included rulings that (1) “defective workmanship” can give rise to a covered “occurrence,” a hotly contested issue not only in Iowa but nationwide; (2) class action claims gave rise to a single “occurrence,” allowing Pella to aggregate costs to satisfy policy retentions, an issue never before addressed under Iowa law; (3) primary insurer Liberty Mutual owed “all sums” or 100% of defense costs incurred for each occurrence, not just a pro rata share, another issue never before addressed under Iowa law; and (4) claims alleging water damage caused by windows triggered the defense obligation of every primary policy in place from the date the window was installed or potentially could have been installed, another issue never previously addressed under Iowa law and for which there is scant authority anywhere in the country. These rulings will have a national impact, as there is little authority discussing what events trigger defense obligations when windows or other construction products cause water damage that does not manifest for years, and complaints alleging construction defects typically do not allege when damage began.
IDT
Delaware Superior Court ruling establishing when defendant directors or officers may be deemed to be acting in their capacities as directors or officers of the policyholder.
Counsel for IDT Corporation in its efforts to recover millions in defense costs incurred in a lawsuit against IDT and its founder, Howard Jonas, filed in the Delaware Court of Chancery (In re Straight Path Communications Inc. Consolidated Stockholder Litigation) by stockholders of Straight Path Communications, Inc. Jonas is the controlling shareholder of IDT and has served as IDT’s Chairman since its incorporation, but also was controlling shareholder of Straight Path, as a result of a 2013 spinoff of Straight Path from IDT. The underlying Straight Path litigation alleges that Mr. Jonas breached fiduciary duties owed to Straight Path by refusing to approve the sale of that entity to Verizon Communications Inc. in 2017, unless Straight Path settled certain claims against IDT. The D&O policies at issue covered IDT for “wrongful acts” committed by IDT directors and officers in their capacities as such. Insurers argued that because Jonas was sued for breaching fiduciary duties owed to Straight Path, as a controlling shareholder of Straight Path, he was not acting in his capacity as an officer or director of IDT. In a January 2019 ruling, the Delaware Superior Court rejected that reasoning. Agreeing with IDT’s counsel, he held that the facts alleged, not the causes of action asserted, control the insurer’s defense obligation and, read as a whole, the complaint alleges, “Jonas took the alleged wrongful actions he did for the benefit of IDT and himself in his capacity as the Chairman of IDT.”
Verizon
Delaware Superior Court ruling addressing compliance with mandatory “cooling off” periods in insurance policies.
Counsel for Verizon in an insurance coverage action seeking more than $100 million in defense and settlement costs incurred by Verizon in defending against claims related to a series of transactions that resulted in Verizon’s divestiture of certain land line assets that were then purchased by FairPoint Communications, Inc. On April 26, 2019, Delaware Superior Court Judge Eric M. Davis of the Delaware Superior Court rejected certain insurers’ motion to dismiss Verizon’s Delaware action in favor of insurers’ competing New York action. The court grappled with how mandatory litigation “cooling off” provisions should be interpreted and whether failing to strictly adhere to such provisions required dismissal of an insured’s action. No Delaware court had ever addressed this issue. The court held that although Verizon filed its Delaware lawsuit one day earlier than it should have, Verizon’s action could proceed because the breach was not material and Delaware law should be applied to the dispute, because Delaware had the greatest interest in determining D&O coverage issues involving Delaware corporations or their directors and officers. The New York court subsequently dismissed the insurers’ competing New York action.
Philadelphia Energy Solutions
The court’s summary judgment rulings resolved several disputed legal issues in PES’s favor before trial, securing PES over $100 million more than insurers had paid to that point on the property damage claim. PES then reached a favorable settlement on day three of a two-week trial for more than it had originally sought from insurers.
Counsel to Philadelphia Energy Solutions and the PES Liquidating Trust following a series of explosions and a catastrophic fire in the alkylation unit of PES’s oil refinery in 2019, which forced PES to file for bankruptcy approximately one month later. In an adversary proceeding filed in the U.S. Bankruptcy Court for the District of Delaware against more than two dozen of PES’s property insurers, founding partner Kenneth Frenchman led the team to victory on all three legal issues presented to the court for summary judgment, resolving key disputes with Allianz Global Risks and other insurers. The case proceeded to trial in January 2022 on the covered value of PES’s property damage claim and its bad faith claim, with the business interruption portion of the case having already successfully settled. The two-week trial resolved favorably on day three, with a confidential settlement exceeding what PES had demanded for its property damage claim during the failed adjustment process.
Energy Transfer Partners
Cohen Ziffer secured a favorable settlement on behalf of a major midstream energy company after insurers had refused to pay more than a fraction of a nine-figure business income loss.
Counsel to Energy Transfer Partners, one of the largest and most diversified midstream energy companies in the United States, in its effort to recover business income losses arising from 2018 damage to the Revolution Pipeline in western Pennsylvania. Following a heavy rainstorm, a landslide caused a section of the pipeline to separate, and the resulting gas leak ignited, damaging the pipeline and forcing it out of service until March 2021 — a business income loss of approximately $434 million. Cohen Ziffer filed suit in October 2021 against more than a dozen insurance companies that had refused to pay more than a fraction of the loss. The matter settled favorably for Energy Transfer in May 2024.
Genworth Financial
The Delaware Supreme Court unanimously affirmed limits on insurers’ ability to rely on broad policy exclusions to deny coverage, rejecting the “Claim Reserves,” “Underwriting,” and “Return of Premiums” exclusions as bars to Genworth’s defense and settlement costs in long-term care class actions.
Counsel to Genworth, a financial, retirement, and life insurance company, in a coverage action seeking over $100 million for settlement and defense costs of three underlying actions alleging Genworth made material misrepresentations to its Long-Term Care policyholders regarding future expected premium increases. After Genworth’s professional liability insurers denied coverage under three exclusions, Genworth sued in Delaware Superior Court and moved for summary judgment that none of the exclusions applied. The court ruled for Genworth in September 2023, holding that the Claim Reserves and the Underwriting Exclusions did not apply as a matter of law. In February 2025, the court further held that the Return of Premiums Exclusion did not bar coverage for Genworth’s defense costs or certain settlement payments, allowing Genworth to fully recover from the insurers remaining in the case. In March 2026, the Delaware Supreme Court unanimously affirmed a judgment exceeding $50 million in Genworth’s favor.
AMC Entertainment Holdings
The Delaware Supreme Court affirmed that a stock settlement payment constitutes a covered “Loss” under D&O insurance policies, confirming that policyholders retain flexibility to structure settlements beyond cash payments without forfeiting coverage.
Counsel to AMC Entertainment Holdings in a coverage action against its D&O insurers seeking recovery for costs associated with various securities lawsuits arising from AMC’s proposal to amend its certificate of incorporation and effectuate a reverse stock split. AMC settled the underlying claims by issuing $99.3 million in AMC Class A common stock to the settlement class rather than paying cash, and its insurers denied coverage on the theory that only cash settlements qualified as a covered “Loss.” AMC filed suit in Delaware Superior Court in May 2023 against 17 insurers providing $80 million in coverage, ultimately reaching favorable settlements with all but one of them. On the remaining issue, the Superior Court ruled in February 2025 that the stock settlement satisfied the policy’s definition of “Loss,” and the Delaware Supreme Court unanimously affirmed that ruling in December 2025.
Becton, Dickinson and Company
The court affirmed under established New Jersey law that government-mandated environmental cleanup actions constitute “suits” triggering an insurer’s duty to defend, rejecting a primary carrier’s attempt to avoid its defense obligations.
Counsel to Becton, Dickinson and Company (“BD”) in an insurance dispute over long-tail environmental pollution coverage claims arising from activities at four New Jersey and one Puerto Rico cleanup sites. BD filed suit in November 2023 in Superior Court in Bergen County, New Jersey against six primary, umbrella, and excess liability insurers, seeking coverage for over $225 million in past and future defense and indemnity costs tied to EPA/NJDEP-mandated cleanup actions at several Superfund sites and BD’s manufacturing hub in East Rutherford, New Jersey. After BD’s primary carrier denied any defense obligation and paid nothing toward defense or indemnity costs, BD moved for early summary judgment on the carrier’s central position that the government actions were not “suits” under the relevant CGL policies. The court rejected that position, holding that under clear New Jersey law, government-mandated environmental cleanup actions constitute “suits” triggering a duty to defend. The primary carrier did not appeal the ruling.
Harman International Industries Inc.
The Delaware Supreme Court affirmed that the “bump-up” exclusion did not bar coverage for a post-merger securities settlement, providing critical guidance on the scope of a policy exclusion increasingly contested in M&A coverage disputes.
Counsel to Harman International Industries in a D&O coverage dispute arising from a shareholder lawsuit alleging securities fraud and disclosure violations in connection with Harman’s $8 billion merger with Samsung Electronics America. When Harman sought coverage for its $28 million settlement of the underlying action, its D&O insurers denied the claim under the policy’s “bump-up” exclusion, which generally bars coverage where a settlement is used to inflate the acquisition price. In January 2025, the Delaware Superior Court rejected that position, ruling that the exclusion did not apply because the settlement did not represent an increase in deal consideration and no such increase was a viable form of relief. The Delaware Supreme Court affirmed the ruling in January 2026, confirming that Harman’s insurers could not rely on the bump-up exclusion to avoid coverage.