Paul R. Koepff

Partner

Paul R. Koepff is a partner in O’Melveny's New York office and chair of the Firm's Insurance and Reinsurance Practice.  Paul has handled insurance coverage and reinsurance disputes for over 30 years, has tried numerous coverage cases in state and federal courts, has argued appeals in various state and federal appellate courts, and has arbitrated numerous insurance coverage and reinsurance disputes, including multiple arbitrations in the UK and Bermuda.

More specifically, Paul has been involved in litigating various kinds of insurance and reinsurance-related disputes and claims in state and federal courts under the laws of various jurisdictions.  He has prevailed in his last 10 arbitrations involving various insurance and reinsurance-related disputes and claims in domestic and foreign arbitrations, including recovering the fees and expenses as the prevailing party.  Among other things, the matters have related to claims of ceding companies seeking reinsurance with respect to environmental claims, asbestos claims, products liability, product tampering and accidental contamination, professional liability, and other coverages.  He has also been involved in challenges made to arbitration proceedings and awards in courts of the United States and Bermuda.

Paul has been counsel of record in some of the most significant and far-reaching insurance coverage and reinsurance disputes.  He has served as lead counsel in numerous appellate decisions, including ones: rejecting joint and several liability and adopting allocation; adopting a broad and fair reading of the sudden and accidental pollution exclusion; and the number of occurrences rising out of a host of different circumstances.

Additionally, Paul is a contributing author to the multi-volume Matthew Bender Treatise on New York Insurance Law, and the multi-volume treatise Law and Practice of Insurance Coverage Litigation.  He has been a speaker at various conferences and seminars on insurance and reinsurance topics, and is recognized by Chambers USA as one of the nation's leading insurance lawyers.

Illustrative Professional Experience

• Prevailed in a major UK arbitration defeating an insured’s claim for over US$125 million arising out of a billion dollar settlement of products liability claims asserted in a certified class action, and recovering a major portion of the fees and expenses incurred in defeating this claim.
• Prevailed in another major UK arbitration defeating a claim of a ceding company against its reinsurer seeking to recover more than US$100 million under a reinsurance contract, and recovering a major portion of the fees and expenses incurred in defeating this claim.
• Prevailed in a Bermuda arbitration by obtaining an interim award in favor of a Bermuda insurance company that it was entitled to be indemnified under various contracts containing an indemnity provision.
• Prevailed in an arbitration brought by a leading U.S. insurer against its agent and thereby recovering millions of dollars for the agent’s breach of an exclusivity provision in the agency agreement.
• Prevailed in a U.S. arbitration on behalf of a liability insurer claiming that its third party administrator had breached a contract with respect to the handling of claims submitted under liability policies issued by that insurer, recovering an excess of US$100 million in contract damages for such breach.
• Prevailed in a three month jury trial, where there was a unanimous verdict in favor of the insurance company of North America that it had no obligation to defend or indemnify its insured, Chemplex, for claims arising out of Chemplex’s pollution of the environment.
• Prevailed in a jury trial in New York that the insured expected to cause property damages and that its discharges of pollutants were intentional and took place over a long period of time.
• Prevailed in a jury trial against the state of New Jersey seeking insurance coverage from an excess liability insurer for damages sustained to an interstate highway and bridge resulting from a fire at a recycling center.
• Prevailed in obtaining a US$130 million recovery for primary insurers after a two week jury trial in New York City, where the jury found that the excess insurers should contribute to the defense costs incurred by the primary insurers.
• Prevailed in several related arbitrations on behalf of a ceding company against its reinsurers with respect to claims for reimbursement of asbestos-related defense costs and indemnity payments, successfully demonstrating that the reinsurer could not impose procedural or substantive requirements long after the reinsurance contract had been entered into.
• Served as lead counsel for Zurich in the one vs. two occurrence trial and subsequent appeal arising out of the 9/11 attack on the World Trade Center.
• Obtained a reversal and award of summary judgment by the Court of Appeals of the Ninth Circuit in a multi-million dollar professional liability dispute.

Professional Activities

Admitted, New York; New Jersey
Admitted to Practice, U.S. Supreme Court; U.S. Court of Appeals, First, Second, Third, Fourth, Fifth, Sixth, Ninth, and District of Columbia Circuits; Various U.S. District Courts
Member, American Bar Association, Litigation Section and Tort Insurance Practice Section; ARIAS; Federation of Defense and Corporate Counsel
Awards,  Expert Guides - "Best of the Best USA" : Insurance and Reinsurance (2007 and 2008), "Leading Lawyer" : Insurance and Reinsurance (2007 and 2008); Chambers USA - America's Leading Business Lawyers (2009, 2008 and 2007 editions)