Full Profile
Kim West practices in the areas of D&O liability, professional liability and employment practices. He represents insurers in issues such as coverage, litigation management, alternative dispute resolution, coverage litigation, fidelity and fiduciary liability. Kim has represented D&O and financial institution insurers on a nationwide basis in most of the mega-claims such as IPO laddering; late trading and market timing; Enron, WorldCom and Adelphia; insurance broker contingent commission and bid-rigging; options backdating; subprime finance; Chinese reverse mergers; and securities litigations arising out of data breaches.
Kim has handled high profile employment claims such the numerous Harvey Weinstein matters and Wynn Resorts shareholder Derivative Action.
Kim has represented various London market and European insurers and reinsurers in litigation pending against their insureds in the United States and is familiar with the factual, legal and cultural nuances presented by such claims. He has also represented insurers under international insurance programs involving the United Kingdom, Hong Kong, Germany, France, The Netherlands, Greece, Chile, and Italy.
Kim has participated in numerous seminars on such topics as securities litigation, the Sarbanes-Oxley Act of 2002, complex class action litigation, US securities law exposure for non-US corporations, and ESG.
Admissions
- California
- US District Courts for the Northern, Central, Southern and Eastern Districts of California
- US Courts of Appeals for the Third and Ninth Circuits
Education
- J.D., Duke University School of Law
- B.A., summa cum laude, West Virginia University
Experience
- Acted as an expert and as an arbitrator in various coverage litigation matters.
- Assisted D&O underwriters in drafting policy forms and endorsements.
- Represented clients in significant mediations and coverage litigation.
Insurance Coverage Litigation
- Prevailed on a motion to stay a coverage action pending in Federal District Court in the Southern District of New York and to compel arbitration in Hong Kong based on the policy's arbitration provision, the Federal Arbitration Act, and the UN Convention on the Recognition and Enforcement of Foreign Arbitration Awards.
- Ninth Circuit Court of Appeals held that coverage for a judgment of defamation per se was precluded by California Insurance Code Section 533 because defamation per se is a “wilful act” which is “inherently harmful.” (November 12, 2024)
- California Court of Appeals affirmed judgment in favor of insurer against corporation because the corporation was not insured for its own loss under the policy’s relevant Corporate Reimbursement coverage part. The Insured Persons were not legally obligated to pay any portion of the subject settlement for which coverage was sought and therefore had not sustained a Loss. Moreover, there was no evidence that the Insured Persons had been indemnified by the corporation. Thus, the obligations under the settlement agreement were those of the corporation only, and no coverage was afforded under the Corporate Reimbursement coverage part of the policy. (March 14, 2024)
