Katherine J. Henry

Listed in The Best Lawyers in America®, Insurance Law, 2023-2024 Listed in Chambers USA, Insurance: Policyholder, District of Columbia, 2014-2016 Listed in Washington, D.C. Super Lawyers, Insurance Coverage, 2016-2020 JD Supra Readers' Choice Top Author 2018, Recognized as a Top 10 author for Insurance Regularly represent and advise multiple Fortune 10 and other companies on a myriad of insurance coverage matters, including policy placement and renewal, contractual-risk transfer provisions, claims management and submission, policy interpretation, and coverage litigation for all types of property and casualty insurance policies. Representing a Fortune 10 company in contingent business interruption litigation pending in Thailand arising out of 2011 Thailand flooding. Previously advised the same company during successful resolution of a contingent business interruption claim arising out of a catastrophic Japanese earthquake. Represented a Fortune 10 company in a complex coverage dispute arising from a catastrophic bodily injury claim. Negotiated favorable resolution of underlying claim on policyholder’s behalf with substantial contributions from insurer and broker. Representing a major pharmaceutical company in ongoing insurance recovery for DES claims to ensure that insurers fully fund defense and indemnity under remaining limits. Represented Oreck Corporation in a dispute over insurance coverage for regulatory and civil false-advertising claims. Court rejected insurers’ product-liability exclusion defense from the bench during summary judgment hearing. Settled dispute after mediation for an amount very favorable to the company with payment made just two days later. Represented Equipment Finders Inc. in an insurance coverage claim under an inland marine policy for damages incurred during 2010 Tennessee flooding. Settled dispute at mediation for an amount that recognized all of the company’s losses. Obtained insurance coverage in underlying wrongful death action for international company providing ambulance service throughout the United States. Represented America Service Group Inc. in dispute addressing the applicability of a prior-acts exclusion in an excess D&O policy. Successfully resolved case at mediation. Represented General Motors in claim for insurance coverage for historic asbestos and environmental liabilities in litigation in the U.S. and abroad, and in regulatory proceedings before the Delaware Insurance Commissioner. Successfully settled the disputes for a confidential amount. Represented amicus Gases and Welding Distributors Association (the umbrella membership association for welding rod distributors and manufacturers) and the policyholder, Clendenin Brothers, Inc. Retained after policyholder lost the case at summary judgment. Persuaded district court to certify question to the state court, and persuaded Maryland’s highest court to reverse the lower court ruling and hold that a total pollution exclusion in a commercial general liability policy does not relieve the insurer of its duties to defend and insure distributor against welding liability claims. Recovered all damages and attorneys’ fees. This case remains a landmark decision in Maryland (Clendenin Brothers, Inc. v. United States Fire Insurance Co., 390 Md. 449 (Md. 2005)). Represented multiple healthcare providers in reinsurance disputes over coverage for health claims in two different proceedings. Represented hundreds of independent payphone providers in dispute over end-user common-line charges. Crafted and implemented a strategy that led to the recovery of millions of dollars for the clients. Successfully argued case before the D.C. Court of Appeals, which affirmed a FCC ruling requiring defendants to refund end-user common-line charges to independent payphone providers. Represented Life Care Centers of America, Inc. in two separate coverage matters and successfully litigated and obtained excess insurance coverage for the policyholder, a national nursing home provider. Served as special coverage counsel in bankruptcy proceedings and represented debtors in all insurance matters. Obtained insurance coverage for company and its directors and officers for defense costs incurred during governmental investigation and associated litigation. Represented union in dispute with insurer over fidelity bond coverage. Settled case for union. Obtained insurance coverage for policyholder, Allegheny General Hospital, and directors and officers in insurance coverage dispute with insurers arising in connection with the bankruptcy of client's parent, Allegheny Health, Education and Research Foundation.