Gerald P. Konkel

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 two successful bench trials seeking declaratory relief on the issues of trigger of coverage, all sums v. pro rata allocation, vertical v. horizontal exhaustion, the impact of an allowed claim in insurer liquidation proceedings on accessing excess coverage, the duty to cooperate, and the application of prior insurance and non-cumulation of liability conditions to a insureds’ thousands of asbestos losses.  ITT prevailed on all of the issues. The resulting decisions 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 that Jay elicited at deposition and at trial. ITT also prevailed on its arguments concerning the non-impact of non-cumulation of liability conditions on its recoveries based in large measure on Mr. Wilson’s testimony.

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.

As part of an active pro bono practice, Jay represented Section 8 housing tenants who alleged that a landlord’s refusal to accept the federal government’s enhanced vouchers violated several federal and District of Columbia statutes. He also represented these tenants in a separate action brought by the landlord’s insurer against both the landlord and the tenants.

Prior to entering private practice, Jay clerked at the Missouri Court of Appeals.