Client:

Alpha Natural Resources, Inc.

Issue:

The so-called “Upper Big Branch mine explosion” in 2010, which was the subject of numerous negative media reports, resulted in 29 wrongful death claims and scores of other bodily injury claims, but insurers were not quick to accept responsibility for payment.

Challenge:

The insurance policies involved both domestic and Bermuda-based forms and a variety of potential coverage exclusions or limitations.

 Solution:

Perkins Coie conducted a series of marathon tripartite mediation sessions that included Alpha Natural Resources Inc. (Alpha), the underlying plaintiffs and Alpha’s insurers.  Our lawyers negotiated and reached a near full-limit settlement during the mediation, resolving the dispute valued at more than $200 million. The client also retained the right to continue its pursuit of third-party contractors’ insurers for additional coverage payments.