A substantial component of our insurance-related practice has always included products liability and mass tort coverage claims. Michaels, Schulwolf & Salerno attorneys have substantial experience in these matters, including the analysis, litigation, trial and appeal of disputes in the following areas:

  • Pharmaceuticals and Medical Devices, including silicone implants, pacemaker leads, blood thinners and dialyzers
  • Benzene
  • Asbestos
  • Silica
  • Lead Paint
  • Metal Working Fluids
  • Building Products, including roofing products, polybutylene plumbing systems masonry prefabrication products and exterior insulation finishing systems (EIFS)
  • Silicone
  • Latex
  • Fungicides and Herbicides
  • Michaels, Schulwolf & Salerno attorneys have a wealth of experience in investigating and litigating the key issues in these types of coverage disputes, including the crucial trigger and allocation issues that are often at the heart of these cases. Firm attorneys have had substantial success in cutting through the technical and jargon-laden cloud that policyholder experts typically erect to obscure the causation and timing questions at the core of these issues. Michaels, Schulwolf & Salerno attorneys know how to effectively depose plaintiff’s experts, painstakingly prepare and defend our client’s experts, and simply and concisely brief these difficult issues.

    Consistent with our client’s goals, firm attorneys also have significant experience and have had substantial success in litigating knowledge-based defenses to products liability and mass tort coverage claims, when necessary and appropriate. These defenses include known loss; misrepresentation in acquiring insurance; expected or intended damage or injury; late notice; and voluntary payment defenses. Michaels, Schulwolf & Salerno recognizes that these defenses are often fact-intensive and expensive to litigate. Accordingly, our firm’s approach involves detailed informal investigation and pre-planning with a view toward maximizing the client’s return on its investment in discovery on these issues.

    Through thorough fact investigation and legal analysis, Michaels, Schulwolf & Salerno fully develops each potentially applicable coverage defense with a view toward efficient and timely resolution of such claims. This approach has allowed us to obtain favorable results for our clients in courts throughout the country, as well as through mediation and arbitration.

    If you wish to learn more about the firm's experience with respect to products liability and mass tort coverage claims, please contact Jan Michaels.