Kevin T. Merriman, Partner

Practice Focus & Experience

Kevin T. Merriman practices in the area of insurance law, handling a broad range of commercial, professional and surplus/excess lines issues. He provides coverage counseling and represents litigants in complex coverage disputes, including environmental and mass tort, advertising injury, additional insured, bad faith/extra-contractual, employment practices, public entity, construction defect, product liability, and priority of coverage issues. Mr. Merriman currently represents a Fortune 500 company in coverage litigation for nationwide environmental and asbestos-related claims, and in related bankruptcy proceedings involving the formation of a Section 524(g) trust. He also counsels clients on foreign and domestic insurer insolvencies and schemes of arrangement.

Mr. Merriman is a prolific writer and lecturer on insurance law issues, and participates in the National Insurance Law Forum (www.insurancelawforum.com), a blog designed to facilitate discussion and an exchange of ideas and information among industry professionals, risk managers, attorneys, policyholders, and students with an interest in the development of American insurance law. Members of the forum include prominent attorneys from several jurisdictions who concentrate their practice in insurance and bad faith law and litigation.

In addition to insurance coverage disputes, Mr. Merriman has defended toxic tort claims for multiple clients throughout New York State, and has represented litigants in mass tort, multi-district, and class action litigation.

Education

  • State University of New York at Buffalo School of Law, J.D., 1992
  • Cornell University, School of Industrial and Labor Relations, B.S., 1989
    – Fellow, Cornell Tradition

Bar Admissions

  • New York, 1993
  • Pennsylvania, 2007

Court Admissions

  • U.S. District Courts of New York (Western and Northern)
  • United States Bankruptcy Court
    – Western District of Pennsylvania, Pro Hac Vice

Professional Activities & Memberships

  • American College of Coverage and Extracontractual Counsel (Publications, Liability Insurance and Litigation and Trial Practice Committees)
  • Litigation Counsel of America (Founding Chair of the Insurance Litigation Institute of America)
  • Defense Research Institute (Insurance Law Committee; Publications Chair 2006-07; Steering Committee—2007 Insurance Coverage Practice Symposium)
  • New York State Bar Association (Torts, Insurance and Compensation Law Section)
  • Monroe County Bar Association
  • Erie County Bar Association

Selected Publications & Presentations

  • Social Media: Liability & Coverage, PLRB/LIRB Annual Claims Conference, Boston, Massachusetts, March 2013
  • Coverage for Construction Defect Claims: The CGL Conundrum, PLRB/LIRB Annual Claims Conference, Orlando, Florida, April 2012
  • Environmental Coverage Claims, New York State Bar Association, May 2012
  • The Electronic Frontier: Coverage for Social Media, New York State Bar Association, May 2011
  • Coverage for Construction Defect Claims: George Fuller and its Progeny, New York State Bar Association, June 2010
  • Construction Defect Litigation & Coverage:  Emerging Issues, PLRB/LIRB Annual Claims Conference, Nashville, Tennessee, April 2011
  • Additional Insured Coverage: Hot Topics and Critical Issues for 2009, New York State Bar Association, May 2009
  • Construction Defect Claims, PLRB/LIRB Annual Claims Conference, Boston, Massachusetts, April 2008
  • Insurance Coverage and Indemnity Issues, Summer Judicial Seminar, The New York State Judicial Institute, Rochester, Uniondale and Hauppauge, New York, June-July 2007
  • Big Unknowns for “Science of the Small,” For The Defense, Vol. 49, #5 May 2007
  • Casualty Case Law Update: Cases and Concepts, PLRB/LIRB Annual Claims Conference, Orlando, Florida, March 2007
  • When is an Indemnity Agreement Not an Insured Contract?—Contractual Contribution and the Construction Contract Conundrum, The Voice, Vol. 6, #7 February 21, 2007
  • 2006—A Year In Review For The Insurer: How Discovery Can Impact Bad Faith Litigation, Mealey’s Litigation Report: Insurance Bad Faith, Vol. 20, #21 March 6, 2007
  • The Shell Game—Misrepresentations and Concealment, Insurance Coverage Practice Symposium, Defense Research Institute, New York, New York, December 2006
  • The Gentleman’s Disagreement—Recent Trends in Reinsurance Law, For The Defense, Vol. 48, #5 May 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, state-wide planning chair, May 2006
  • Insurer’s Duty to Defend: A State Law Compendium, Defense Research Institute (2005), editor
  • Reinsurance: The New Battlefront, Insurance Coverage Practice Symposium, Defense Research Institute, New York, New York, December 2005

Professional Recognition & Awards

  • Selected to Best Lawyers in America ® – 2013-2014 [Insurance Law]
  • Selected to New York Super Lawyers ® – Upstate Edition, 2007-2013
  • Selected to New York Super Lawyers ® – Corporate Counsel Edition, 2009
  • Buffalo Law Journal’s/Business First, Who’s Who in Law, 2006
  • Young Lawyer Award presented by the Torts, Insurance & Compensation Law Section of the New York State Bar Association for outstanding contributions to the practice of insurance law, January 23, 2002
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Printed from Ward Geenberg Heller & Reidy LLP:
http://www.wardgreenberg.com/attorneys/kevin-t-merriman/

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