Profile

Ken represents insurers in coverage matters involving general liability, directors’ & officers’ liability, professional liability, employment practices liability, advertising injury liability, and bankruptcy-related insurance claims. Ken has litigated, arbitrated, and mediated numerous insurance coverage and other commercial litigation cases, and advises clients on legislative, regulatory, commercial, and technological developments impacting the insurance industry.

Experience

Representative Matters

  • Assists insurance clients in developing practices, procedures, and policy language to avoid coverage disputes, bad faith claims, and evolving risks.
  • Represents insurance clients on environmental and toxic exposure coverage claims, including Superfund and Brownfields sites, asbestos property damage and bodily injury claims, fly ash claims, mold, and other "sick building" claims.
  • Advises and defends insurance clients with a specific focus on energy industry claims such as electric transmission grid and energy market errors, wind turbine and other "green" energy liabilities, hydraulic fracturing (fracking) and saltwater disposal exposures, catastrophic pipeline explosions and dam failures, salt dome leaks and collapses, and carbon combustion residual issues.
  • Routinely advises clients on developing insurance coverage disputes such as issues arising from the Coronavirus / COVID-19 pandemic, e-commerce, cyber-attack, and other technology-related claims.
  • Represents insurers regarding professional and general liability claims arising out of construction defects and design errors and omissions.
  • Counsels and defends insurance claims involving individual and class-action employment claims.
  • Represents insurers in bankruptcy proceedings and related coverage issues.
  • Advises clients on legislation and regulatory changes, such as Federal and State legislation and executive orders regarding COVID-19 liabilities, U.S. Environmental Protection Agency (EPA) regulations pertaining to coal combustion residuals and greenhouse gas emissions, the Terrorism Risk Insurance Act (TRIA), the State Modernization and Regulatory Transparency (SMART) Act legislation, and Optional Federal Charter initiatives.

Recognitions

  • AV Peer Review Rating, Martindale-Hubbell's highest ranking by peers for general ethical standards and legal ability

Practice Areas

Credentials

Education

J.D., The George Washington University Law School; Moot Court Board

B.A., magna cum laude, Boston College

Bar and Court Memberships

  • District of Columbia Bar
  • Massachusetts Bar
  • U.S. Courts of Appeals for the Fourth and District of Columbia Circuits
  • U.S. District Court for the District of Columbia

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