In more recent years, we have represented a wide variety of clients in various insurance coverage disputes. The issues have ranged from coverage for securities fraud cases, to coverage for officers and directors charged with breaches of fiduciary duty in the context of M&A transactions, to such arcane issues as the extent of the “pollution exclusion” in an insurance contract. The Firm also has an active practice advising clients on how to structure their D&O policies to secure maximum coverage and avoid areas of unprotected exposure. Finally, we have represented insurance carriers—including syndicates at Lloyd’s of London—in litigation arising out of their putative liability to pay various risks.

Much of the litigation that Cravath does has an insurance coverage aspect. We have developed substantial expertise in counseling our clients on how to put together a coverage regimen and how to deal with their carriers as litigation develops so as to avoid issues that could lead to disputes down the road.