Jeffrey A. Kiburtz

Construction

• $55.3 million jury verdict for breach of contract, bad faith and punitive damages in favor of construction product manufacturer.   
• Developer of high-rise tower in connection with coverage under CCIP program and other policies for alleged construction and design defects. 
• Project owner in connection with coverage for eight-figure settlement under project-specific design liability policy.
• Owner of $10 million+ residential project in connection with OCIP wrap program and other contracting-phase coverage issues.
• Prosecution of coverage and indemnity claims by construction manager sued for delay and other damages in multi-prime, design-build commercial project.
• “Additional Insured” coverage under policies issued to subcontractors that worked on commercial earthquake-retrofit and rehabilitation project.
• Coverage litigation and mediation involving suit brought against general contractor for alleged defects in government laboratory building.
• General contractor in litigation and mediation of claim involving $10 million in alleged construction defects damages suffered by casino owner.
• Infrastructure contractor in coverage dispute involving eight-figure, catastrophic rollover suit.

Healthcare/Life Sciences

• Advised oncology-focused biotech company on potential coverage for HIPAA violations and other risks under proposed privacy and network security policy.
• Coverage litigation resulting in favorable ruling on insurer’s efforts to have Illinois-domiciled case dismissed based on choice-of-law and forum selection clauses in German-language policy.   
• Negotiation and mediation of claim involving coverage for losses incurred in internal investigation and dozens of product liability lawsuits under high-deductible insurance program consisting of captive, domestic commercial and Bermuda Form layers.
• Advised biopharmaceutical company on potential coverage for investigative costs and other issues under proposed D&O renewal.
• Arbitration and litigation involving coverage for loss exceeding $400 million stemming from suits brought worldwide by plaintiffs alleging HIV and Hepatitis-C infections from human plasma-derived products.
• Life sciences company under clinical trials professional liability policy for claim involving death of participant.
• Recovery under D&O policy for defense and settlement costs incurred in litigation involving allegations of improper pricing practices.
• Multiple insurance coverage and non-insurance contractual indemnity issues arising from losses related to alleged contamination of China-sourced active pharmaceutical ingredient.

Environmental/Asbestos

• Multiple clients in connection with analysis of long-tail coverage issues in jurisdictions throughout the country including California, Illinois, Pennsylvania, New York, Texas, Wisconsin, Ohio, Washington and Oregon; issues include trigger, “all sums” versus “pro-rata,” stacking of limits and deductibles, premises versus products, number of occurrences, allocation, policies purchased by prior acquisition targets, successor liability, anti-assignment clauses, indemnity under asset purchase agreements, lost policies and insurance policy archaeology.
• Multiple clients involved in brownfield redevelopment and claims for clean-up costs and liability under “cost cap” and environmental impairment liability (EIL) policies.
• Coverage for response and other costs incurred in connection with release and alleged seepage from coal ash impoundments.
• Private equity company in connection with $260 million+ acquisition of a building supply company with significant asbestos liability.
• Plumbing distributor in asbestos liability coverage under more than 20 years of primary, umbrella and excess policies.

Manufacturing/Product Liability

• Global building products manufacturer in jury trial to secure coverage for underlying product liability and construction defect claims.   
• U.S. subsidiary of major Japanese manufacturer in connection with coverage for various consumer class-action lawsuits.
• Motorcycle manufacturer concerning coverage for product recall and related vendor dispute.
• Numerous issues related to dealership and vendor agreements, including general risk management, relationship between insurance and perceived risks, contractual indemnity language, and additional insured requirements and documentation.
• Recovery under D&O policy for $2 million incurred defending and settling putative class litigation alleging conspiracy to overstate lawnmower horsepower.

Financial Services

• Multiple clients in connection with the placement and renewal of their D&O programs, including global credit card and payment services company, credit and special situation investment fund, and traditional financial institutions.
• Global asset manager in connection with claims under D&O policies for investor suits involving various structured financial products.
• Fidelity bond claim arising from failed community bank in Hawaii.
• Negotiation and mediation of claim under trust errors and omissions policy for suit alleging mismanagement during conservatorship and trust administration.
• Coverage litigation under D&O and financial institution bond for suit involving alleged “affinity fraud” committed by bank employees and customers.
• Coverage litigation involving D&O policy for suit filed against publicly-traded community bank involving allegations that previously-acquired bank aided and abetted Ponzi scheme.

Technology

• E-commerce company in connection with placement of professional liability and data breach policy and related risk management issues.
• Global software and professional service provider in recovery of almost $50 million under primary and excess technology professional liability policies for losses incurred in putative class litigation involving alleged fraud and conspiracy.
• Software company in recovery under D&O and fiduciary liability policies for losses incurred in government investigations and private litigation related to allegedly “backdated” stock options.
• IT service provider in connection with tail and other D&O coverage for claims against former directors and officers of acquired company and related indemnification issues.
• Technology company in connection with claim for informal and formal investigation costs.
• Claim under primary and excess professional liability policy for losses incurred in commercial IT services contract dispute.

Mergers and Acquisitions

• Multiple clients on D&O, Side A DIC, workers compensation and other insurance issues related to the sale of U.S. assets by foreign companies.
• Advised clients on representations and warranties insurance in connection with purchase and sale of companies with significant asbestos and environmental liabilities.
• Insurance due diligence concerning coverage for projected asbestos liabilities.
• D&O tower claim involving alleged fraudulent conveyance and related claims brought by trustee of insolvent, former subsidiary stemming from leveraged recapitalization transaction.

Property

• Biotech startup in property and business interruption claim resulting from fire.
• Liechtenstein-based trustee concerning water intrusion and related construction issues at residence in Malibu.
• General contractor in negotiation of builders risk claim for damaged windows at condominium tower.
• Various clients in connection with 2003 and 2008 wildfires in Southern and Northern California.