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David F. Klein, Partner

David F. Klein

Partner
Washington, DC

Partner, Washington, DC

T: +1.202.663.9207
T: +1.202.663.9207

Areas of Focus

Sources describe David as 'eloquent,' 'outstanding,' 'expert in the practice area,' and a 'very strong negotiator … admired … for his extensive experience.'
—Chambers USA

David Klein, a Pillsbury Litigation partner, is repeatedly recognized in Chambers USA for his skill in resolving insurance coverage disputes through litigation and negotiation.

David brings extensive experience in insurance matters involving general and excess liability, pollution legal liability, first party/business interruption, fidelity/crime, directors and officers, and errors and omissions coverage. He has resolved insurance-related environmental and asbestos claims worth billions of dollars for his corporate clients in the petrochemical, mining and metals, forest products, transportation, aviation, financial, manufacturing and utilities industries, among others. He also advises clients on proposed terms of coverage at placement and renewal.  In addition to his track record as a litigator, negotiator, and adviser, David has also served as party arbitrator in commercial insurance disputes.

Representative Experience

  • Won jury verdict for CITGO Petroleum Corp. in the Southern District of New York on client’s marine cargo insurance claim for loss of crude oil seized from a CITGO-chartered tanker by instrumentalities of Venezuela’s Maduro regime

  • Representing and advising Vale Canada Limited in multijurisdictional litigation (including in New York and Ontario), and in associated settlement negotiations and mediation, involving insurance coverage for environmental claims principally located in Canada

  • On a pro bono basis, argued before the United States Supreme Court in United States v, Abu Zubaydah, 595 U.S. __ (2021), a case testing the application of the state secrets privilege to block discovery in aid of a foreign investigation of alleged CIA torture at overseas “dark sites”

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  • Negotiated and mediated claims for defense coverage of climate change litigation for a major petrochemical company.
  • Negotiating settlement of multiple current environmental claims for large regional electric utility
  • Negotiated settlement of D&O claims involving power trading losses suffered by a large regional electric utility.
  • Represented commercial real estate firm in D&O claim in U.S. Court of Appeals for the District of Columbia Circuit
  • Represented professional society in COVID-19 related event cancellation claim in District of Columbia Superior Court, resulting in settlement
  • Represented Barrick Gold Corporation in negotiations with liability insurers to resolve major coverage claims.
  • Served as party arbitrator for a claim involving coverage for the defense of claims involving alleged trespass of commercial property.
  • Represented Fisker Automotive, a maker of luxury extended-range electric vehicles in New York state court litigation and negotiations to resolve a major inventory loss in transit arising from Superstorm Sandy.
  • Obtained precedent-setting federal court decision in transboundary pollution case concerning application of pollution exclusion to alleged release of contaminants from metallurgical slag after its discharge into the environment. Teck Metals Ltd. v. Certain Underwriters at Lloyd’s, 735 F. Supp.2d 1246 (E.D. Wash. 2010).
  • Represented the National Basketball Players Association in negotiations to resolve D&O insurance claims with its key insurer.
  • Represented Wisconsin Electric Power Co., a major regional utility company, in federal court litigation in Wisconsin to recover insurance for environmental claims arising from the historical operation of multiple manufactured gas plants and ash landfills.

Professional Highlights

  • Member of the Insurance Recovery & Advisory practice, named by Law360 as a Practice Group of the Year in 2010, 2015, 2016, 2020 and 2022.
  • Recognized by Chambers USA, Insurance: Policyholder – DC (2005 – 2022), Super Lawyers (2013 – 2016) and Best Lawyers (published by BL Rankings LLC), Insurance Law (2018 – 2024).
  • Fellow, American College of Coverage and Counsel.

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  • Honors & Awards
    • Capital Pro Bono Honor Roll (2018 — 2021)
  • Associations
    • Fellow, American College of Coverage Counsel
    • American Bar Association
    • District of Columbia Bar Association
    • New York State Bar
    • American Civil Liberties Union
  • Publications: Articles and Book Chapters

    • “Insured Injuries under Coverage A: Bodily Injury, Property Damage, and Products-Completed Operations Hazard,” chapter, The Reference Handbook on the Commercial General Liability Policy (American Bar Association, 3d ed. 2022).

    • “New Roads: Impacts of Autonomous Vehicles on Law and Insurance,” Westlaw Journal: Insurance Coverage, Authors: David F. Klein, July 18, 2018

    • “'Viking Pump': Landmark Victory for Policyholders, New York Law Journal,” Authors: Joseph D. Jean, David F. Klein, May 29, 2016

    • “Worrying about Insurance for Ebola and Other Pandemic Outbreaks,” Westlaw Journal, March 19, 2015.
    • “Insured Injuries under Coverage A: Bodily Injury, Property Damage and Products-Completed Operations Hazard,” chapter, The Reference Handbook on the Commercial General Liability Policy (American Bar Association, 2d ed. 2014).
    • “Insurance Recovery for Business in Disaster Situations,” JCA Journal, January 10, 2013.
    • “Two Degrees of Separation: Defining Your Supply Chain is the Key to Defining Coverage,” The Brief, Summer 2012.
    • “Insurance Aftershocks of the Financial Crisis: New Coverage Issues in a Brave New World,” 4 Bloomberg Law Reports—Insurance Law No. 4, 2010.
  • Blog Posts
    • "Harvard’s Broker Fight Shows Active Risk Management Is Key,” Policyholder Pulse, November 17, 2023.
    • “U.S. Supreme Court to Decide Whether State’s Public Policy Interest Could Sink Insurance Policy’s Choice-of-Law Provision,” Policyholder Pulse, April 26, 2023.
    • “Weathering Economic Turbulence: Assignment of Insurance Claims for Losses Under Russian Sanctions,” Policyholder Pulse, November 9, 2022.
    • “Forced to Flee: Insuring Against Political Risks,” Policyholder Pulse, July 25, 2022.
    • “No Way Home: Coverage Implications of Russia’s Seizure of Foreign-Owned Aircraft,” Policyholder Pulse, April 18, 2022.
    • “Insuring a King’s Ransom: The Role of Cyber Insurance in Ransomware Risk Management,” Policyholder Pulse, June 3, 2021.
    • “Plight of Ever Given Reminds Policyholders to Reevaluate Insurance Programs for Loss and Delay in Transit of Goods,” Policyholder Pulse, April 23, 2021.
    • “Reminder: If You Have a COVID-19 Insurance Claim, Be Aware of Impending Policy Deadlines,” Policyholder Pulse, December 15, 2020.
    • “Insurance Coverage Claims for Theft, Vandalism and Curfews,” Policyholder Pulse, June 2, 2020.
    • “Coronavirus Update – Are You Covered?” Policyholder Pulse, March 6, 2020.
    • “Getting Ahead of the Coronavirus Epidemic: What It Means for Insuring Your Business,” Policyholder Pulse, January 29, 2020.
    • “Oddball Exclusions Are Not All Fun and Games – What the Court Got Wrong in Princeton Excess & Surplus Lines Insurance Co. v. Hub City Enterprises Inc.,” Policyholder Pulse, October 14, 2019.
    • “Texas Supreme Court Requires Insurers to Pay Anadarko Full Deepwater Horizon Defense Costs Under CGL “Joint Venture Provision”,” Policyholder Pulse, February 14, 2019.
    • “Corporate Apologies: Balancing Crisis Management, Liability Defense and Insurance Recovery Considerations,” Policyholder Pulse, February 12, 2019.
    • “Two New Federal Decisions Are Beacons for Policyholders Navigating Computer Fraud Claims for Spoofing Losses,” Policyholder Pulse, July 24, 2018.
    • “Damned If You Don’t: Ninth Circuit Enforces D&O Policy Rescission for Correct Answer on Policyholder’s Application,” Policyholder Pulse, February 6, 2018.
    • “New York Court of Appeals Decision Undermines Additional Insured Coverage,” Policyholder Pulse, June 20, 2017.
    • “It Was Only a Slip! London Insurers’ Communication with Counsel via Brokers Constituted Waiver of Privilege,” April 25, 2016.
    • “There’s a New Sheriff in Town: Coverage for World Bank Investigations and Sanctions,” Policyholder Insider, October 20, 2015.
    • “‘It’s a Bird ... It’s a Plane ... It’s Ambiguous!’ Texas Dissent Lambastes Insurer for Drafting Unclear Policy Language,” Policyholder Insider, August 18, 2015.
    • “Ganders Beware! Policy ADR Clauses Will Be Enforced against Insureds and Insurers By Dismissal of Litigation,” Policyholder Insider, July 23, 2015.
    • “Unguarded Moments: What Your Insurer Tells Its Reinsurer Matters to You,” Policyholder Insider, June 10, 2015.
    • “It’s Going Viral: Insurance for Ebola and Other Pandemic Outbreaks,” Policyholder Insider, April 7, 2015.
    • “Cybersecurity and Schools: A Learning Opportunity,” Policyholder Insider, April 2, 2015.
    • “All That Glitters Is Not ... Asbestos? Pennsylvania Court Offers Glimmer of Hope to Policyholders with Asbestos Liabilities,” Policyholder Insider, March 5, 2015.
    • “Texas Supreme Court: BP Cannot Tap Transocean Coverage,” Policyholder Insider, February 17, 2015.
    • “I Can Hardly Contain Myself: Michigan Federal Court Weighs In on Expected or Intended Releases from Waste Facilities,” Policyholder Insider, February 6, 2015.
  • Speaking Engagements
    • “New Roads: How Autonomous Vehicles Will Change Law and Insurance,” RIMS 2023 Annual Conference, Atlanta, May 2, 2023.
    • “The Road Forward: How Autonomous Vehicles Are Likely to Change Law and Insurance,” Pillsbury Insurance Policyholder Summit, New York, October 12, 2023.
    • “Sue or Settle? Strategic Thinking for Insurance Coverage Disputes,” RIMS 2016 Annual Conference, San Diego, April 2016.
    • “Crisis: Leading an Integrated Response to Catastrophe,” RIMS 2016 Annual Conference, San Diego, April 2016.
    • “Pandemic! Crisis Management and Insurance Recovery for Disease-Related Losses,” RIMS 2015 Annual Conference, New Orleans, April 2015.
    • “Supply Chain, Cyber and Business Interruption Risk,” Bauer Advising Executive Roundtable, Oak Brook, Illinois, October 9, 2012.
    • “Insurance Coverage for the Effects of Natural Disasters,” ABA Tort, Trial & Insurance Practice Section, Annual Insurance Coverage Litigation Midyear Conference, Phoenix, February 15, 2012.
    • “Pandemic! Crisis Management and Insurance Recovery for Disease-Related Losses,” RIMS 2010 Annual Conference, Boston, May 2010.
    • “High Fidelity! Corporate Risk and Recovery,” RIMS 2007 Annual Conference, New Orleans, May 2007.
    • “Time to Get Your Money Back! Business Strategies for Recovering Liability Insurance Proceeds for Environmental Claims,” American Gas Association, Detroit, August 1, 2006.

Education

  • J.D., Yale Law School, 1988
    Executive Editor, Yale Journal on Regulation

    B.A., Boston University, 1985
    summa cum laude, Phi Beta Kappa

Admissions

  • District of Columbia

    New York

Courts

  • U.S. Supreme Court

    U.S. Court of Appeals for the District of Columbia

    U.S. Court of Appeals for the First Circuit

    U.S. Court of Appeals for the Second Circuit

    U.S. Court of Appeals for the Fifth Circuit

    U.S. Court of Appeals for the Ninth Circuit

    U.S. District Court for the District of Columbia

    U.S. District Court for the Southern District of New York

Clerkships

  • Honorable Julia Cooper Mack, District of Columbia Court of Appeals

David's Insights

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