John Gregory Koch

John G. Koch is a shareholder at Flaster Greenberg and a member of the Insurance Counseling and Recovery, Litigation, and Environmental Practice Groups. He is also the firm's Deputy General Counsel and leads the Attorney Development Program.

John most frequently helps business clients recover from their insurance companies or other responsible parties when facing a loss or potential liability. His clients come to him for cost-effective, objective-driven representation in matters ranging from insurance recovery, construction disputes, environmental problems, and commercial disputes. He does not represent insurance companies.

Whether by litigating a case through trial and appeal, using alternative dispute resolution (ADR), or out-of-court negotiations, John has recovered substantial sums for clients under varying types of insurance policies, commercial contracts, and environmental or other laws. His clients hail from many industries, including manufacturing, construction, global food and beverage, big box retail and shopping centers, property management, communications and entertainment, publishing, financial services, and others.

In his insurance practice, John has represented policyholder clients in matters involving property damage and large business interruption losses, environmental and toxic tort liabilities (CERCLA and hazardous waste, asbestos, silica, hearing loss), business torts, advertising and other “Coverage B” or media liability matters, product and construction defects, product recalls, D&O, E&O, employment practices liability, cyber, fiduciary liability, fidelity/crime, and bad faith litigation.

John has also successfully advanced clients’ interests in the insurance claim process, helping to maximize recoveries and avoid or resolve coverage disputes (if possible) before having to resort to costly and disruptive litigation.

Several clients have tapped John's insurance counseling experience to help close M&A or property transactions that involve contingent liabilities, such as legacy asbestos or environmental issues. John has assisted both acquiring companies and targets assess contingent liabilities and then identify and negotiate insurance and other solutions to transfer and manage that risk, including tailored contractual provisions.

John has also established and managed legacy liability cost sharing programs involving general liability policy towers.

John’s environmental practice often dovetails with his insurance practice. Clients facing a cleanup responsibility come to him to find funds for remediation from both insurers and other responsible parties. His clients call upon him to prosecute and defend environmental contribution and cost recovery actions, provide counseling during site remediation, and negotiate with government regulators. John also assists clients with due diligence, risk transfer, and negotiations in transactions involving industrial or contaminated property.

John frequently represents clients in contractual disputes, including construction disputes. John has represented owners and developers, general contractors, subs, and suppliers, often in matters in which the client is seeking a recovery .

At the helm of the firm's Attorney Development Program, John has organized a variety of educational opportunities for our shareholders and associates to foster financial success, professional well-being, well-roundedness, and a sense of balance. Workshops have included topics such as the fundamentals of building a book of business, how HR is an integral part of a firm and an attorney's success, the fundamentals of understanding a balance sheet, and more.

Representative Matters

• Represented big box retailer in property loss insurance claim arising from a hurricane that damaged 8 separate commercial buildings. Compelled client’s property insurer to pay an additional $15 million above its loss assessment without resorting to litigation. This claim involved “insurable risk” issues, “other insurance” issues regarding the various tenant and landlord obligations, and covered loss issues. In addition, filed suit in New York against a landlord’s insurer, recovering an additional $1.3 Million.
• Represented manufacturer with contingent asbestos liabilities in sale of a $50 Million product line. Evaluated the contingent asbestos risk and advocated the results to buyer; assisted in negotiating risk transfer terms and procedures in asset purchase agreement; established a Qualified Settlement Fund and claims procedures; and negotiated the placement and terms of a contingent risk liability insurance policy.
• Convinced a media liability insurer to reverse its attempt to withdraw its defense of a $10 Million breach of contract and business tort lawsuit against client. The client insured was a seller of a news publication and trade association. The insurer attempted to discontinue paying independent counsel on the eve of trial because only the breach of contract claim remained after summary judgment. The insurer’s agreement to continue the defense saved client very substantial legal fees for trial and post-trial briefing.
• Represent client in multimillion dollar property and business interruption insurance claim involving almost 100 buildings damaged or closed due to the civil unrest following the killing of George Floyd in 2020.
• Represented publicly traded foreign manufacturing company acquiring a U.S. target with asbestos contingent liabilities. Evaluated and projected contingent risk and costs (with the help of skilled forensic consultants), evaluated the target’s insurance coverage program and cost sharing agreements under New York law, and assisted with negotiating indemnity provisions in stock purchase agreement.
• Represent a global food ingredients company identified as a potentially responsible party in the Lower Passaic River Study Area (Diamond Alkali Superfund Site). Defeated the client’s insurer’s preemptive lawsuit (in trial court and on appeal) in Illinois seeking to avoid coverage for the $1.4 billion cleanup of the Lower Passaic River in New Jersey. In addition, counselled client regarding its defense against USEPA’s cost recovery efforts and the defense of related contribution litigation in the District of New Jersey.