Our insurance law work includes preparing coverage opinions and litigating declaratory judgment, breach of contract, and bad faith/extracontractual actions. Our practice encompasses the full spectrum of insurance law, including general liability, professional liability, life and health, automobile, truck, homeowners, environmental, toxic tort, asbestos, and technology-related insurance law matters, whether primary, umbrella, excess, or captive. Our experience includes handling multi-party, multi-million-dollar, multi-million-document complex coverage cases, successful trials and appeals of insurance cases, innovative settlements, and insurance priority disputes. We maintain additional research resources on most insurance issues.
Selected Insurance-Related Memberships
- Member, Insurance Committee, Defense Research Institute
- Member, Insurance Coverage Litigation Committee, Tort Trial and Insurance Practice Section, American Bar Association
- Member, Committee on Insurance Coverage Litigation, Section of Litigation,
American Bar Association
- Member, Insurance and Indemnity Law Section, State Bar of Michigan
Selected Insurance Presentations and Publications
Mr. Kelley has presented on “Reimbursement of Uncovered Defense Costs” at the ABA Insurance Coverage Litigation Committee CLE Seminar in Tucson and on “Allocation and Number of Occurrences” at Mealey’s seminars on Insurance Coverage Disputes Concerning Construction Defects in Phoenix and Chicago. Mr. Kelley also co-authored Insurance Issues Arising from Environmental Claims in the Michigan Bar Journal.
Selected Published Insurance Decisions
McKusick v Travelers Indemnity Co., 246 Mich. App. 329; 632 N.W.2d 525 (2001), leave denied, 661 N.W.2d 236 (Mich. 2003) (absolute pollution exclusion in context of chemical bodily injury claims)
GenCorp Inc. v AIU Ins. Co., 970 F. Supp. 1253 (N.D. Ohio 1997), aff'd, 178 F.3d 804 (6th Cir. 1999) (retroactive primary absolute pollution exclusion)
Commercial Union Ins. Co. v Cannelton Industries, Inc., 938 F. Supp. 458 (W.D. Mich. 1996) (pollution exclusion, drafting history)
Anderson Development Co. v Travelers Indemnity Co., 49 F.3d 1128 (6th Cir. 1995) (insurance for single party Superfund site)
Americhem Corp. v St. Paul Fire and Marine Ins. Co., 942 F. Supp. 1143 (W.D. Mich. 1995) (lost insurance policies, post-deposition affidavits)
OSCO, Inc. v St. Paul Fire and Marine Ins. Co., 656 N.E.2d 548 (Ind. Ct. App. 1995) (environmental insurance)