Attorney Robert Joseph Kelly's Legal Cases

Litigation

Secured $391 Million Verdict Against PNC Bank

Mar 03, 2015

OUTCOME: Jury Verdict

In 2009, Reilly Pozner began representing multiple plaintiffs in highly complex litigation against several bank trustees and numerous other defendants, leading to significant recoveries through settlem ... ents and a jury verdict of $391 million against PNC Bank. The litigation arose out of a multi-state fraud scheme involving National Prearranged Services, Inc. (a Missouri-based preneed funeral contracts seller) and its two related insurance companies domiciled in Texas. RP was retained by 35 state life and health insurance guaranty associations, NOLHGA, and the Texas Special Deputy Receiver to seek recoveries from over 40 defendants, including multiple bank trustees, an accounting firm, and the former officers and directors of NPS and the insurance companies. Plaintiffs’ claims included negligence and breach of fiduciary duty against the bank trustees for allowing the preneed trust funds to be looted, accounting malpractice, and RICO (Racketeer Influenced and Corrupt Organizations Act) claims against the former officers and directors. RP negotiated settlements with most defendants before trial, resulting in large recoveries for the clients. A five-week trial was held in federal court in Missouri in early 2015, where RP attorneys secured a jury verdict of $391 million (including a punitive damages award) against PNC Bank.

Insurance

Representation of Insurance Company Against Claims by Sony Corp.

Jan 01, 2014

OUTCOME:

Prevailed in New York Supreme Court on summary judgment for Zurich Insurance Company dismissing claims by Sony Corp. for coverage of costs associated with class actions in California state and federal ... court alleging that consumers were damaged by the release of personal information when hackers penetrated the Sony PlayStation network. Among the issues was whether such costs were covered under general liability policies where Sony had purchased "cyber insurance" policies that specifically covered data breach exposures. The court declared that the general liability insurance policies issued by Zurich and other insurers did not provide coverage for the data breach. This significant ruling was the first decision directly addressing insurance coverage for data breaches such as Sony's. Zurich American Ins. Co. v. Sony Corp., No. 651982-2011 (N.Y. Supreme 2014).

Insurance

Representation of Swiss Reinsurance Company

Jan 01, 2012

OUTCOME: Prevailed on summary judgment

Prevailed in New York Supreme Court on summary judgment for Swiss Reinsurance Co. dismissing claim by JP Morgan & Co. for coverage of securities fraud settlement under $50 million insurance policy. Suc ... cessfully defended that ruling in both the Appellate Division, First Department and Court of Appeals. JP Morgan Chase & Co. v. Indian Harbor Ins. Co., et als, 930 N.Y.S.2d 175 (N.Y. Sup. 2011), aff'd, 947 N.Y.S.2d 17 (1st Dept. 2012).

Insurance

Representation of Zurich Insurance Company in Cases Filed by Intel Corp.

Jan 01, 2010

OUTCOME: Prevailed on summary judgment

Represented Zurich Insurance Co. in declaratory judgment actions simultaneously filed by Intel Corp. in the United States District Court for the Northern District of California and by Zurich in Delawar ... e Superior Court. At issue was Intel's claim for coverage of $500 million in costs incurred by Intel in defending against multiple antitrust actions filed by its competitor AMD and the European Union claiming anticompetitive conduct in the sale of Intel's Pentium product. Prevailed on summary judgment in both actions, with the courts declaring that Intel was not entitled to coverage under a $50 million Zurich policy. Successfully defended the Delaware court's ruling in the Delaware Supreme Court, after which Intel dismissed its appeal of the California court's ruling in the Ninth Circuit Court of Appeals. American Guarantee & Liability Ins. Co. v. Intel Corp., 2010 WL 8590881 (Del. Super. 2010), aff'd, 51 A.3d 442 (Del. 2012); Intel Corp. v. American Guarantee & Liability Ins. Co., 2010 U.S. Dist. LEXIS 139903 (N.D. Cal. 2010).

Insurance

Representation of Zurich Insurance Company

Jan 01, 2006

OUTCOME: Prevailed on summary judgment

Prevailed in United States District Court, Southern District of New York on summary judgment for Zurich Insurance Co. dismissing claims by Larry Silverstein, lessor of World Trade Center 1 and 2, for c ... overage of losses arising out of 9/11 attacks under $50 million insurance policy. In Re September 11th Liab. Ins. Coverage Cases, 458 F. Supp.2d 104 (S.D.N.Y. 2006).

Insurance

Representation of New Jersey Manufacturers Insurance Company

Jan 01, 2000

OUTCOME:

• Represented New Jersey Manufacturers Insurance Company in defense of claim that ReMax real estate brokers were "independent contractors" and not "employees" for purposes of calculating ReMax's premiu ... m for workers compensation insurance. This claim posed a multi-million dollar exposure to workers compensation insurers because the outcome would apply to other businesses employing similar "independent" contractors. Prevailed on summary judgment in favor of NJM, the New Jersey Superior Court ruling that the brokers were "employees" for purposes of calculating the premium, and prevailed as well in the Appellate Division and New Jersey Supreme Court. Re/Max of New Jersey v. Wausau Ins. Co., 162 N.J. 282 (2000).

Insurance

Representation of U.S. Fire Insurance Company

Jan 01, 1999

OUTCOME:

Represented U.S. Fire Insurance Co. in Southern District of New York action filed by Treadwell Corp. seeking coverage of asbestos liabilities. Treadwell, which faced millions of dollars of exposure for ... asbestos injuries occurring over decades, sought coverage for all such liabilities from its insurers. Rejecting Treadwell's claim, the court accepted U.S. Fire's argument that responsibility for liabilities be prorated over the entire period of injury, with Treadwell responsible for its pro rata share attributable to years in which it did not purchase insurance coverage. Judge (later Attorney General) Michael Mukasey's well-reasoned opinion broke new ground at the time. United States Fid. & Guar. Ins. Co. v. Treadwell Corp., 58 F. Supp.2d 77 (S.D.N.Y. 1999).

Insurance

Representation of U.S. Fire Insurance Company

Jan 01, 1994

OUTCOME:

Represented U.S. Fire Insurance Co. in multiparty action filed by Schlumberger Industries in United States District Court for the District of South Carolina seeking coverage for millions of dollars in ... costs to remediate PCB contamination at sites in South Carolina. Prevailed on summary judgment, the District court holding that the policies did not cover the remediation costs. On appeal, the Fourth Circuit Court of Appeals vacated and remanded on jurisdictional grounds. Schlumberger Indus. v. National Surety Corp., 36 F.3d 1274 (4th Cir. 1994).

Insurance

Represented International Insurance Company

Jan 01, 1993

OUTCOME:

Represented International Insurance Co. in adversary proceeding brought by Celotex Corp. in United States Bankruptcy Court for the Middle District of Florida seeking coverage for asbestos-in-buildings ... claims from numerous insurers. Secured partial summary judgment, the court ruling that there was no coverage for asbestos-related building claims involving intentional conduct, and no coverage for punitive damages. Celotex Corp. v. AIU Ins. Co., 152 B.R. 652 (M.D. Fl. 1993

Litigation

Representation of Law Firm in Dispute with Departed Partner

Jan 01, 1989

OUTCOME:

Represented a law firm in dispute with a departed partner over division of a contingent fee earned in a significant medical malpractice matter. Successfully obtained ruling by the New Jersey Superior C ... ourt that the departed partner was entitled only to compensation based upon hours worked prior to departure, rather than a percentage of the contingent fee, and prevailed as well on appeal. The case established new law in New Jersey governing the division of fees in such disputes, and has been cited in other jurisdictions dealing with fee allocation issues. LaMantia v. Durst, 234 N.J. Super. 534 (App. Div. 1989).

Robert Joseph Kelly's Legal Cases (12)

Secured $391 Million Verdict Against PNC Bank

Representation of Insurance Company Against Claims by Sony Corp.

Representation of Swiss Reinsurance Company

Representation of Zurich Insurance Company in Cases Filed by Intel Corp.

Representation of Zurich Insurance Company

Representation of New Jersey Manufacturers Insurance Company

Representation of U.S. Fire Insurance Company

Representation of U.S. Fire Insurance Company

Represented International Insurance Company

Representation of Law Firm in Dispute with Departed Partner