Practice Areas
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Insurance Recovery Litigation & Advice

Practices Main

Potter Anderson is the leading law firm in Delaware engaged in the representation of corporate policyholders that seek to obtain insurance coverage for claims denied by their insurers. We are the only law firm in Delaware whose representation is limited to policyholders in insurance coverage litigation.

In representing policyholders in coverage litigation, our attorneys have gained expertise with respect to coverage issues under various types of liability and first-party policies. Through litigating complex cases, Potter Anderson coverage attorneys have developed an understanding of the various significant policy forms, the policy underwriting process, and the manner in which insurance companies handle claims. Through settlement or trial (including two of the longest civil jury trials in Delaware state court history), we have secured billions of dollars in coverage for our policyholders. 

Our insurance coverage litigators:

  • Deal with all forms of commercial policies that provide coverage for directors’ and officers' liability, asbestos liability, products liability, first-party damage and business interruption, fidelity losses, and coverage for internet, trademark, copyright, patent infringement, antitrust, and unfair competition liability, coverage for workers' compensation, employment practice liability, errors and omissions, and employee benefits liability. 
  • Review corporate policyholders' insurance portfolios and advise them with regard to their insurance coverage needs and the availability of such coverage in resolving claims brought against them in underlying actions.
  • Are actively involved with the Insurance Coverage Litigation Committee of the Litigation Section of the American Bar Association, as well as other national policyholder organizations.
  • Have provided litigation and counseling representation to corporations in a variety of industries including: chemical, banking, securities, communications, internet, computer, pharmaceuticals, transportation, agriculture, and food processing. 

Representative Matters

Environmental Coverage 

Potter Anderson has represented dozens of policyholders, particularly in the chemical industry, for environmental damages arising from the policyholders’ manufacturing operations. We have obtained recoveries for policyholders through settlement or trial against their insurers for liabilities such as Federal Superfund cleanups and similar state ordered remediation and for third-party bodily injury claims. Representative corporate policyholders which we have represented in this context are Philips Electronics, Monsanto, Burlington Northern, DuPont and General Motors.

Asbestos and Products Coverage 

The national asbestos disaster that has clogged the dockets of jurisdictions across the country has led to Potter Anderson’s representation of corporate clients seeking insurance coverage under their products hazard and general liability coverage with respect to liabilities arising from asbestos insulation and products containing asbestos. Our firm has also pursued insurance coverage for products liabilities across a wide spectrum from pharmaceuticals to commercial and residential piping to tobacco. In products coverage litigation our clients have included ConAgra DuPont, Hoechst Celanese, Pfizer, General Motors, Pella and Intel.

Other Insurance Coverage Areas

The firm’s representation of corporate policyholders extends to a number of other types of coverage litigation, including coverage for directors’ and officers’ liabilities (AT&T, Oppenheimer, and Sun-Times Media); first-party coverage such as Y2K damages (Unisys) and Hurricane Katrina (Tyson); 9/11 (Deutsche Bank); workers’ compensation (DuPont); and personal injury/malicious prosecution (Toll Brothers).