November 20, 2017

Gerald P. Konkel

Gerald P. Konkel is an associate in Morgan Lewis's Litigation Practice. Mr. Konkel has represented and advised clients in litigation, arbitration, and mediation involving insurance coverage, antitrust, and intellectual property disputes in state and federal courts at both the trial and appellate levels. He has represented corporate plaintiffs in class action insurance recovery litigation and defendants in class action antitrust litigation and has counseled clients and third party consultants concerning the valuation of insurance assets. Mr. Konkel has also represented and advised clients involved in government antitrust investigations.   

Mr. Konkel's practice focuses on the representation of corporate policyholders in the preservation, protection, and recovery of insurance assets. In his practice, Mr. Konkel has represented companies involved in a broad range of industries including energy, manufacturing, medical device, and construction.

Jay recovers insurance assets by being trial-ready and trying or arbitrating high stakes cases when necessary.

Jay was recently a trial team leader for ITT in a successful bench trial seeking declaratory relief on the issues of trigger of coverage, all sums v. pro rata allocation, vertical v. horizontal exhaustion, and the impact of an allowed claim in insurer liquidation proceedings on accessing excess coverage.  ITT prevailed on all of the issues. The resulting decision included a well-supported extension of the 2016 landmark New York Court of Appeals Viking Pump “all sums” decision finding support for all sums based not only on prior insurance and non-cumulation of liability conditions in the policies but the standard “death at any time resulting therefrom” policy language, drafting history, and testimony of London ’71 umbrella form drafter Peter S. Wilson.

Jay was also a key trial team member in a declaratory judgment asbestos coverage action for Goulds Pumps against a holdout insurer involving $50 million in coverage resulting in a successful judgment affirmed on appeal. Goulds Pumps, Inc. v. Travelers Cas. & Sur. Co., No. B255439, 2016 3564244 (Cal.Ct.App., June 22, 2016). Trial followed successful litigation and motion practice against multiple other insurers and negotiations for favorable settlements.

Jay served as lead trial attorney for an electric utility seeking insurance coverage for thousands of asbestos-related bodily injury suits that alleged injury during construction of the utility’s power plants. The trial court rulings provided the client access to tens of millions of dollars of coverage. Jay preserved the favorable trial judgment by presenting successful oral argument through two levels of appellate review, including his November 4, 2013, argument (case No. 31) to Maryland Court of Appeals that resulted in a 7-0 favorable decision.

In addition to preserving and recovering insurance assets through trials and by being trial-ready, Jay works closely with our product liability and mass tort teams as well as business and finance attorneys to provide cross-disciplinary solutions to address our clients’ liabilities and other business losses.

Articles in the National Law Review database by Gerald P. Konkel

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