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Working with clients in the manufacturing, media, construction, defense and healthcare industries, Jeff Kiburtz has handled a wide variety of litigated and non-litigated matters involving commercial insurance of nearly all types, including commercial general liability, products, directors and officers liability, professional liability, cyber/privacy/network security, property, CCIP, OCIP, builders risk, and fidelity.
Cyber/Network Security/Data Privacy Breach
- Multiple clients in connection with the assessment and negotiation of policy language for cyber/network security/data privacy breach insurance policies.
- Multinational service provider in connection with coverage under primary and umbrella general liability policies for putative class litigation involving alleged TCPA violations.
- National retailer in litigation and negotiation of claims against its D&O and CGL insurers for coverage of class action claims alleging illegal recording of customer telephone calls.
- Captive insurer of global professional services company in adjusting a nearly $40 million claim for costs of responding to a foreign government sponsored advanced persistent attack on its network.
- Major university research hospital in litigation involving alleged data security breach claim involving 20,000 patients; case resulted in one of the first court rulings that statutory damages for privacy breaches are covered under general liability policies.
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.
Memberships and Affiliations
- American Bar Association
How Could That (Not) Be Covered? Truthiness & Coverage For False Claims Act Liability
March 1, 2019, American Bar Association, Insurance Coverage Litigation Committee
Construction Insurance Coverage - Professional Services Coverage & Exclusions
December 13, 2018, Strafford Webinar
Professional Services Coverage & Exclusions in The High-Tech Era
March 1, 2018, American Bar Association, Insurance Coverage Litigation Committee
Hot Issues in Private & Public Company D&O Liability Coverage
September 27, 2017, Orange County Bar Association, Insurance Law Section
July 28, 2017, Medtech Insight
Marialuisa Gallozzi, John Buchanan, and Jeff Kiburtz are quoted in a Medtech Insight article regarding the growing interest in the healthcare sector in buying cyber insurance. According to Gallozzi, "We are in the midst of an evolution of the insurance market right now in this area." She says cyber insurance policies have been a growing trend but unlike other ...
Shrunken Chickens, Neck Flanges, Pill Mills & Bacteria: New Twists on Perennially Difficult Issues in Products-Related Coverage
March 4, 2017, ABA Insurance Coverage Litigation Committee CLE Seminar
Data (Mis)Use Litigation
November 7, 2016, ING3NUOUS 2016 SoCal Cybersecurity, Privacy & Data Protection Retreat
Property Insurance Coverage for Cybersecurity Losses
April 9, 2016, ABA Property Insurance Law Committee Annual Spring Meeting
The Risks of Oversharing
March 4, 2016, ABA Insurance Coverage Litigation Committee CLE Seminar
August 7, 2015, Insurance Journal
Jeffrey Kiburtz was mentioned in the article.
July 31, 2015, Law360
Benefits of Insurance Coverage for False Claims Act Lawsuits Likely Greatest Outside the Fortune 100
May 15, 2015, Law360
5 Insurance Battlegrounds to Watch in California
May 8, 2015, Law360
Jeffrey Kiburtz was quoted in this article.
Healthcare Management Liability Insurance: False Claims Act, Provider Reimbursement Litigation & Other Controversial Claims
March 6, 2015, ABA Insurance Coverage Litigation Committee CLE Seminar
An American Policyholder in London: English Choice of Law Clauses in U.S. Insurance Policies
July 21, 2014, Lexology
June 25, 2014, Law360
Jeffrey Kiburtz was quoted in this article.
Like Robbing Peter to Pay Back Paul? Coverage Issues for Claims Involving Disgorgement, Restitution and Similar Relief
March 7, 2014, ABA Insurance Coverage Litigation Committee CLE Seminar
Maximizing Insurance Recoveries Following Wide Scale Catastrophes
October 17, 2013, 2013 ICSC Law Conference Roundtable
December 20, 2012, ABA Section of Litigation
Re-examining Non-Insurance Contractual Risk Transfers
November/December 2012, Orthopedic Design & Technology Magazine
Jeffrey Kiburtz was quoted in this article.
December 21, 2011, ABA Section of Litigation
- Southern California Super Lawyer, “Rising Star” (2015-2016)