Kevin T. Merriman

Bio

Kevin T. Merriman counsels corporate and institutional clients in a broad range of risk and insurance issues, providing detailed insurance coverage analyses, and working collaboratively with brokers and insurers to meet clients’ business and insurance objectives. As a problem-solver, he provides thoughtful strategic analyses and practical insights to optimize coverage and minimize disputes.

When required, Kevin zealously represents his clients in complex insurance recovery litigation, involving asbestos, pollution, construction, product liability, cyber, and bad-faith claims, among others. He also assists with insurance recoveries from foreign and domestic insolvent insurers. Kevin’s recent litigation experience includes successfully representing a Fortune 500 company in insurance recovery litigation for asbestos-related liabilities and related bankruptcy proceedings. He currently serves as national coverage counsel for a Fortune 500 construction firm serving the utilities, communications, and government sectors.

In addition to insurance disputes, Kevin has defended toxic tort claims throughout New York State, and has represented clients in mass tort, multi-district, and class action litigation.

Kevin writes and speaks often on insurance law topics for national trade and professional associations, including the American Law Institute, Defense Research Institute, the Property & Liability Resource Bureau, and the New York State Bar Association.

Articles & Publications

Co-author, Reps & Warranty Insurance: Bridging the M&A Liability Divide, Rochester Bussines Journal, November 2022
Co-Author, "Social Media Liability Exposures," Journal of Insurance Regulation, vol. 38, no.8, July 2019
Co-Author, "Florida Codifies Insurers' Right to Contribution, Increases Surplus Lines Fees," Ward Greenberg Legal Update, June 2019
Co-Author, "Avoiding Subcontractor Insurance Pitfalls," Risk Management Magazine, Risk and Insurance Management Society (RIMS), May 2019
Co-Author, "Effective Risk Transfer: Indemnification and Insurance in Construction Contracts," ROBEX Magazine, Builders Exchange of Rochester, November 2018
Co-Author, "A Critical Element of Proper Claims Handling: The Duty to Settle Third Party Claims," In-House Defense Quarterly, Spring 2018
Co-Author, "Effective Diversity Initiatives: The Case for Collaboration," ACC Docket, vol. 35, no. 8, October 2017
Co-Author, "A New Trend under Construction: Faulty Workmanship as an Occurrence," For The Defense, vol. 56, no. 5, May 2014
Editor, "Construction Defects Claims and Coverage," Defense Research Institute, 2007
Co-Author, "Big Unknowns for Science of the Small,” For The Defense, vol. 49, no. 5, May 2007
Co-Author, "2006—A Year in Review for the Insurer: How Discovery Can Impact Bad Faith Litigation,"Mealey's Litigation Report: Insurance Bad Faith, vol. 20, no. 21, 6 March 2007
Co-Author, "The Gentleman's Disagreement—Recent Trends in Reinsurance Law," For The Defense, vol. 48, no. 5, May 2006
Editor, "Insurer’s Duty to Defend: A State Law Compendium," Defense Research Institute, 2005

ADMITTED TO PRACTICE

New York
Pennsylvania
U.S. Court of Appeals for the Third Circuit
U.S. District Court, Northern District of New York
U.S. District Court, Western District of New York

Education

University at Buffalo School of Law, J.D., 1992
Cornell University, B.S., 1989

Professional Associations

American Law Institute
American College of Coverage Counsel
- Fellow
- Publications Committee, Co-Chair, 2014-2018
- Nominating Committee, 2017
- Membership Committee, 2018-present
Defense Research Institute
- Insurance Law Committee
- Publications Committee, Chair, 2006-2007
- Steering Committee, 2007 Insurance Coverage Practice Symposium
New York State Bar Association
- Torts, Insurance and Compensation Law Section
- Insurance Law Committee
Monroe County Bar Association
Erie County Bar Association

Community Involvement

Ignatian Volunteer Corp
- Buffalo Region Advisory Council, 2014-2017

Honors & Awards

Litigation Counsel of America
- Senior Fellow
Martindale-Hubbell AV Preeminent®, Rated 5.0/5.0
The Best Lawyers in America©, 2023, 2024
- "Lawyer of the Year," Insurance Law, Buffalo, 2021, 2022
- "Lawyer of the Year" Insurance Law, Rochester, 2016
Upstate New York Super Lawyers®, 2021-2023
Buffalo Law Journal, Who’s Who in Law, 2006
New York State Bar Association, Torts, Insurance and Compensation Law Section, Sheldon Hurwitz Young Lawyer Award, 2002

Reported Decisions

Mt. McKinley Insurance Company v. Corning Incorporated, Index No. 602454/02, New York State Supreme Court, County of New York. Represented corporate policyholder in litigation against multiple insurers to secure insurance coverage for long-tail asbestos claims. The litigation produced several reported decisions affecting the rights of policyholders.
In Re Pittsburgh Corning Corporation, No. 00-22876-TPA, U.S. Bankruptcy Court for the Western District of Pennsylvania. Represented debtor’s corporate shareholder in Chapter 11 proceeding to secure a plan of reorganization and formation of a $3 billion asbestos personal injury trust under section 524(g) of the U.S. Bankruptcy Code.
KeySpan Gas East Corp. v. Munich Reinsurance America Inc., 31 N.Y. 3d 51 (2018). Represented policyholder advocacy group in filing an amicus curie brief to New York’s high court addressing a seminal issue affecting the allocation of insurance to multiple triggered policies for long-tail environmental claims.

Speaking Engagements

"Insurance for Today's Social Media Risks," Greater Rochester Chamber of Commerce Chamber Counsel, Rochester, June 2019
"Social Media Liability Exposures & Coverage," PLRB Annual Claims Conference, Indianapolis, April 2019
"Labor Law Claims, Coverage & Litigation," New York State Bar Association, Buffalo, May 2016
“Risk Management Seminar,” Bar Association of Erie County, Buffalo, April 2016
"Insurance Coverage Update," New York State Bar Association, Syracuse, May 2015
"Cloud Computing: Navigating the Coming Storm," LCA Fall Conference, New Orleans, October 2014
"Social Media Liability Exposures & Coverage," PLRB Annual Claims Conference, Indianapolis, March 2014
“Environmental Coverage Claims," New York State Bar Association, Buffalo, May 2012
"Coverage for Construction Defect Claim: The CGL Conundrum," PLRB Annual Claims Conference, Orlando, April 2012
"The Electronic Frontier: Coverage for Social Media and Blogging," New York State Bar Association, Syracuse, May 2011
"Coverage for Construction Defect Claims: George Fuller and its Recent Progeny," New York State Bar Association, Buffalo, June 2010
"Additional Insured Coverage: Hot Topics & Critical Issues for 2009," New York State Bar Association, Buffalo, May 2009"Coverage for Construction Defect Claims: The CGL Conundrum," PLRB Annual Claims Conference, Boston, April 2008
"Insurance Coverage and Indemnity Issues," Summer Judicial Seminar, New York State Judicial Institute, Rochester, Uniondale and Hauppauge, New York, June-July 2007
"The Shell Game—Misrepresentations and Concealment," Insurance Coverage Practice Symposium, Defense Research Institute, New York City, December 2006
"The Duty to Defend—A Statewide Survey," Insurance Coverage and Claims Institute, Defense Research Institute, Chicago, May 2006
"Insurance Coverage for Construction Defect Claims," New York State Bar Association, May 2006 (State- wide Planning Chair)
"Reinsurance: The New Battlefront," Insurance Coverage Practice Symposium, Defense Research Institute, New York City, December 2005

Bio

Articles & Publications

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