Paul Koepff

Full Profile

Paul Koepff is highly regarded for his work in insurance coverage litigation known. His extensive portfolio includes handling numerous insurance coverage litigations, as well as trials and arbitrations, and serving as a lead counsel for many substantial insurance coverage disputes and appellate rulings throughout his 45-year legal career. Paul was a senior partner with O’Melveny & Myers LLP until 2012, where he served as a partner of litigation and as the chairperson of O’Melveny’s Insurance Department, which was awarded the Best Insurance Department by Chambers.

Paul has had success in numerous bench and jury trials over the years, as well as many US, London, and Bermuda arbitrations of complex coverage cases on key coverage issues. Paul has prevailed in lengthy and highly protracted jury trials and arbitrations which involved high profile issues and significant dollar amounts. His successful appeals include major favorable decisions from the New Jersey Supreme Court, the New Jersey Appellate Division, New York Appellate Courts, the Court of Appeals for the Second Circuit and the Southern District of New York.

Paul has an AV® Preeminent™ rating from Martindale-Hubbell and received the 2020 "Albert Nelson Marquis Lifetime Achievement Award" by Marquis Who’s Who for being a leader in the legal field. He is listed in Chambers USA for his work in insurance dispute resolution, where commentators applaud his “superior industry knowledge” and his skill in litigation and arbitration. Paul is also recognized by Legal 500 USA as one of the nation's leading insurance lawyers, and clients describe him as, “a great team player, an excellent lawyer who provides a supremely good service.”

Admissions

• New York
• New Jersey
• Supreme Court of the United States
• US District Courts for the Northern, Southern, Eastern and Western Districts of New York
• US District Court for the District of Colorado
• US District Courts for the Eastern and Western Districts of Michigan
• US District Court for the District of New Jersey
• US Courts of Appeals for the Second, Third, Fourth, Sixth and Ninth Circuits
• US Court of Appeals for the District of Columbia

Education

• J.D., cum laude, Duke University, 1973
• M.B.A., cum laude, Lehigh University, 1970
• B.A., cum laude, Lehigh University, 1969

Memberships

• ARIAS US
• American Bar Association, Tort and Insurance Practice Section
• Claims Litigation Management Group
  • Products Liability Committee
  • Product Insurance Coverage Subcommittee, Co-Chair
• American College of Coverage Counsel (ACCC)
• Law360 Editorial Advisory Board Member

Experience

• Prevailed in three major London arbitrations arising out of Deepwater Horizon.
• Prevailed in overturning a USD 68 million judgment on the ground that the umbrella insurer had no duty to defend or indemnify.
• Prevailed in demonstrating that the liability insurer of the owner of property was excess of the liability policies of the project manager, the architect and sub-contractors of a major construction project.
• Prevailed in a London arbitration involved coverage issues arising out of allegedly defective heart valves.
• Prevailed in an action brought by NJ DEP arising out of the insured's intentional mishandling of flammable recycling material.
• Prevailed in a three month jury trial in Iowa with respect to coverage claims arising out of the intentional disposal of perchloroethylene.
• Prevailed before the New Jersey Supreme Court with respect to whether and when coverage claims had to be resolved by a jury or by a court.
• Prevailed before the New Jersey Supreme Court with respect to what law governs where the insured sought coverage for environmental sites located within and outside of New Jersey.
• Prevailed in an appeal to the Second Circuit that, under New York law, there was no joint and several liability, but rather covered damages had to be allocated.
• Prevailed before the Second Circuit on ground of late notice under New York law.
• Prevailed in a London arbitration where the policyholder sought coverage for his corporate dereliction under a D&O policy.
• Prevailed in a Washington, DC arbitration where the panel ruled that under New York law, a major mining company was not entitled to coverage based on the jury verdict in the underlying litigation.
• Prevailed in a London arbitration where the panel ruled under New York law, the insured was not entitled to any coverage with respect to its USD 200 million claim arising out of its manufacture and sale of allegedly defective pacemakers.
• Successfully represented a Bermuda insurer in a London arbitration applying New York law to defeat a claim by a CEO of a major software company under a directors' and officers' policy.
• Represented several foreign excess insurers in a London arbitration involving whether and to what extent there was coverage under New York law for claims of diminution in value of real property allegedly resulting from oil pollution caused by Hurricane Katrina.
• Coverage counsel for several insurers with respect to claims arising out of first party property claims in Indonesia.

Presentations

• "Reservation of Rights and Using Consent Judgments: Assigning Rights to the Plaintiff and Determining Whether the Settlement Could Result in a Bad Faith Suit"
• "Examining The Impact of Additional Insured Coverage in the Industry and Marketplace"
• "Demystifying The “Bad Faith Set-Up” In Insurance Litigation,” Strafford Publications, webinar, March 2018
• "Insurance Bad Faith Claims Arising from The Investigation of Coverage Claims," Strafford Publications, webinar, October 2017
• "Insurance Coverage & Extra-Contractual Disputes," ACI, Philadelphia, Pennsylvania, December 2016
• "The 'Claim File' in the Digital Universe: Not Your Father's Sectioned Paper File Folder with Sticky Notes and Coffee Stains," ACI Conference, December 2016
• "Insurer Bad Faith Setup Defense and Reverse Bad Faith Claims," live CLE webinar, March 2016

Publications

• Co-author, “Navigating the Expanding Landscape of PFAS Litigation and Liability,” CLM Magazine, November 2023
• Contributing author, "Fraud, Misrepresentation and Incontestability Provisions," Law and Practice of Insurance Coverage Litigation, 2017
• “Is The Insured Sophisticated and Does It Matter?” Chubb Claims Bulletin, March 2016
• Interviewed and quoted in an article published by Law360 providing substantial input and coverage issues pertaining to the California Lead Paint Litigation, May 2016
• Contributing author, “An Examination of Policy Language and Public Policy Concerning Insurance Coverage for Fines and Penalties, Restitution and Disgorgement and Civil Liability Arising Out of Criminal Conduct,” Mealey’s Litigation Report: Insurance, January 2015
• Contributing author, “A Look At The Right To Associate,” Mealey’s Litigation Report: Insurance, March 2013
• eBook chapter, “International Insurance Arbitration Under Bermuda Form Policy,” published by ExecSense, 2012
• “When to Allocate Defense Costs in Covered and Non-Covered Claims,” Claims Journal, September 2012
• Contributing author, Negotiating Insurance Policy Disputes: Leading Lawyers on Interpreting Insurance Contracts, Obtaining Key Documents, and Resolving Coverage Disputes (Inside the Minds), published by Aspatore, Inc., 2011
• Contributing author, Treatise on New York Insurance Law, published by Matthew Bender
• Contributing author, Appleman on Insurance Law, published by Matthew Bender