James W. Kienzle serves as coverage and litigation counsel to both domestic and international insurers in a variety of coverage matters. Jim has represented insurers in state and federal courts throughout the United States in various matters involving first-party property. Jim has also worked in matters involving bad faith, rescission, reformation in professional liability and commercial general liability insurance.
Jim has extensive experience investigating complex claims and evaluating coverage and liability, monitoring claims and case oversight and resolution in areas, including first-party property, lawyers E&O, insurance brokers E&O, real estate agents E&O, title agents E&O, construction defect, CGL and cyber liability coverage.
In 2009, Jim was seconded to a claims manager for a leading syndicate in the London insurance market. During his secondment, he advised claims personnel on various professional liability, general liability, and first-party property claims, provided counsel on insurance wordings, and delivered presentations on the U.S. legal system, ADR, bad faith issues, claims handling and underwriting practices.
Jim has counseled carrier clients on various business-related issues pertaining to compliance with federal and state laws and regulations, and analyzed and refined wordings of professional liability policies. He has also given presentations to clients and other organizations on a variety of insurance coverage issues.
Ware v. First Specialty Ins. Corp., 983 N.E.2d 1115 (Ill.App. 1 Dist. 2013) Secured a significant number of occurrences ruling from the Illinois Appellate Court in the Wrigleyville Porch Collapse coverage litigation.
Rissman, Barrett, Hurt, Donahue & McClain, P.A. v. Westport Insurance Corporation, No. 11-13827 (11th Cir. May 25, 2012) Secured trial court summary judgment ruling on the duty to defend in the Eleventh Circuit Court of Appeals in a coverage dispute arising out of the tender of a claim by an insured law firm to its professional liability insurer for the defense and indemnity of an action brought against the firm in Florida state court involving the firm’s work in connection with the sale of a property.
Westport Ins. Corp. v. Nat’l City Warehouse Res., 399 F. App’x. 607 (2d Cir. 2010) Won dismissal of an appeal in the U.S. Second Circuit Court of Appeals by successfully arguing that an insured’s appeal of a rescission judgment was rendered moot when he negotiated a premium refund check in between the trial court judgment and appeal.
Riverbend Capital, LLC v. Lloyd’s of London, Case No. 2007-7063 (La. Civ. Dist. Orleans County June 22, 2010) Summary judgment on behalf of commercial property insurance carrier, securing a declaration that carrier’s obligations under two policies for Katrina-related claims were discharged under Louisiana common-law doctrines of accord and satisfaction and res judicata.
Incandela v. Great-West Life & Annuity Ins. Co., Case No. 1:07-cv-07051 (N.D.Ill. February 4, 2010) Summary judgment ratifying insurer’s termination and refusal to reinstate a life insurance policy with a face amount of $1.75 million.
Swarn v. Great-West Life & Annuity Ins. Co., Case No. 2005 L 013868 (Ill. Cir. Ct. Cook County 2008) Successfully defended a life insurance carrier at trial on a claim alleging breach of contract by refusing to pay life insurance policy benefits.