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Benedict Lenhart

Ben Lenhart is a partner practicing in the areas of insurance and litigation. He serves as co-chair for Covington’s preeminent Insurance Practice Group. For more than 20 years, he has helped his coverage clients successfully resolve their insurance disputes. Ben believes that his clients are best served by knowing how and when to use all of the tools available to resolve coverage disputes including settlement negotiations, ADR, and litigation. Using this balanced approach, many of his coverage cases resolve successfully with little or no litigation. He has been named as a leading lawyer by numerous ranking firms including Chambers USA (Nationwide), Legal 500, Best Lawyers in America, International Who’s Who, Washington DC Super Lawyers and PLC Leading Lawyers, and he is one of only a dozen policyholder lawyers nationwide included in the Legal 500 Hall of Fame. He has been a featured speaker at many leading insurance conferences.

Ben is often asked by clients to take the lead role in structuring insurance recovery strategies and negotiating settlements. He has been involved in over 500 insurance settlements and judgments covering the spectrum of liabilities, with individual recoveries ranging in size from under $1m to more than $500m. He has represented many policyholders in negotiating multi-party coverage-in-place or cost sharing agreements. His substantive experience includes: environmental claims, product liability claims, directors and officers (D&O) and professional liability claims, asbestos, business interruption, employment-related claims including discrimination claims and employee theft, mass tort, silica, hearing loss, repetitive stress injury (RSI), "dirty air" and natural resource damage (NRD) claims, fiduciary claims, including 401(k) and ERISA claims, catastrophic loss, and not-for-profit liability claims.

He has particular experience with Resolute and the London Market (having reached more than 100 settlements with these entities). He is deeply involved in UK solvent schemes of arrangement on behalf of policyholders. He was counsel to the successful objecting policyholders in the BAIC, WFUM and Scottish Lion solvent schemes, the leading cases in the solvent scheme arena.

Ben also has an active pro bono practice, most recently assisting low-income persons with disability insurance matters, helping Superstorm Sandy victims secure coverage for homes lost during the storm, and helping a small store owner recover insurance for fire losses.

Ben has taught Constitution Law at Georgetown Law Center for more than 20 years.

June 27, 2024, Covington Alert

Per- and poly-fluoroalkyl substances (PFAS)—sometimes referred to as “forever chemicals”—have garnered significant attention in recent years, becoming a focus of government regulation and a deluge of civil litigation targeting a wide array of industries. As with any developing area of risk, it is critical that companies assess what insurance coverage they have for PFAS-related risks; allegations of PFAS exposure can trigger decades of potentially available insurance coverage. Policyholders across industries are taking steps to assess their exposure to PFAS liability and to evaluate the insurance coverage that may respond to any PFAS-related claims.

Recent Developments

The science concerning the human health and environmental effects of PFAS has progressed significantly over the last two decades. For example, in 2024, environmental and other regulators took significant action on PFAS:

  • In February, the Food and Drug Administration announced a voluntary ban on PFAS-containing food packaging, such as takeout containers, microwave popcorn bags, and fast-food wrappers, in the U.S.
  • In April, the Environmental Protection Agency set its first regulatory limits on six types of PFAS in drinking water. The EPA also designated two types of PFAS as CERCLA hazardous substances, paving the way for future contribution actions under environmental cost-recovery statutes.

Continue Reading Navigating PFAS Liability: Emerging Regulations, Litigation Risks, and Insurance Coverage Strategies