Washington, District Of Columbia 20004
Gerald P. Konkel is partner-elect in Morgan Lewis's Litigation Practice. Mr. Konkel has represented and advised clients in litigation, arbitration, and mediation involving insurance coverage, antitrust, and intellectual property disputes in state and federal courts at both the trial and appellate levels. He has represented corporate plaintiffs in class action insurance recovery litigation and defendants in class action antitrust litigation and has counseled clients and third party consultants concerning the valuation of insurance assets. Mr. Konkel has also represented and advised clients involved in government antitrust investigations.
Mr. Konkel's practice focuses on the representation of corporate policyholders in the preservation, protection, and recovery of insurance assets. In his practice, Mr. Konkel has represented companies involved in a broad range of industries including energy, manufacturing, medical device, and construction.
Mr. Konkel's representations have included:
Lead trial attorney for an electric utility in a litigation and trial seeking coverage for thousands of asbestos-related bodily injury suits alleging injury arising out of the utility's construction of power plants. After summary judgment motion practice and a bench trial, the Circuit Court of Maryland for Washington County entered judgment in the utility's favor in a coverage action styled Monongahela Power Company et al. v. Certain Underwriters at Lloyd's, London, et al., Case No. 21-C-03-16733-DJ (Circuit Court of Maryland, Washington County). The Court's rulings were that (i) Pennsylvania law applied to policy interpretation issues, (ii) all of the asbestos suits arose out of a single occurrence and, consequently, the insured only had to pay a single retained limit to access coverage, (iii) the asbestos suits trigger coverage, (iv) the insured had the right to select the triggered policy or policies to pay "all sums" of the settlements and judgments of covered asbestos suits, and (v) the insured's project-specific policies respond first and fully to the asbestos suit costs they cover before the insured's general program policies respond. Mr. Konkel subsequently presented a successful oral argument to the Maryland Court of Special Appeals which, in a December 21, 2012 decision, TIG Ins. Co. v. Monongahela Power Co., 209 Md.App. 146, 58 A.3d 497 (Md.App. 2012), affirmed the trial court's ruling that Pennsylvania law applied and declining to declare that the insurer was entitled to set-off.
One of the lead attorneys in a multi-jurisdictional and multi-faceted series of lawsuits involving motion practice and bench trials seeking to obtain insurance coverage for tens of thousands of asbestos, silica, and environmental liabiliies filed nationwide against the subsidiaries of a Fortune 500 Company.
Lead attorney for a construction company in a construction defect coverage dispute styled Valcourt Exterior Building Services of Florida, LC v. North River Ins. Co., et al., Case No. 2:08-3275 (D.S.C.) which involved coverage for alleged property damage from water-intrusion to buildings renovated in a resort community in South Carolina.
Mr. Konkel maintains an active pro bono practice on insurance recovery-related and other matters. His representations include tenants of Section 8 housing who had alleged that a landlord's refusal to accept enhanced vouchers provided by the federal government violated several federal and District of Columbia statutes. Mr. Konkel represented the tenants in a separate action that the landlord's insurer brought against its insured and the tenants. In a matter of first impression, the District of Maryland denied insurer's summary judgment motion predicting that Maryland courts would hold that the residents' federal claims alleged damages that were potentially covered under the policy's personal and advertising injury liability coverage. See Nautilus Ins. Co. v. BSA Ltd. Partnership, 602 F.Supp.2d 641, 652–53 (D.Md. 2009).
Prior to entering private practice, Mr. Konkel clerked at the Missouri Court of Appeals.
Mr. Konkel is admitted to practice in the District of Columbia, Maryland, and Missouri.
|Areas of Practice||1) Litigation and 2) Insurance Recovery|
|Law School||Saint Louis University School of Law|
|Education||St. Louis University (B.A., 1993)|
|Bar Member / Association||State Bar Of District of Columbia.State Bar Of District of Maryland, State Bar Of District of Missouri|
|Most recent firm||Morgan, Lewis & Bockius LLP|
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