Jeff Kiburtz

Jeff Kiburtz is a trusted and valuable partner. He is timely and always provides well-thought out, strategic advice. He is also proactive in issue spotting and tactical in dealing with insurers.

—Legal 500

Jeff Kiburtz is a litigator with over 20 years of experience representing commercial policyholders in complex insurance coverage matters of nearly all types.

Jeff has helped clients recover more than $1 billion from insurance companies. His practice encompasses a wide range of insurance and indemnification issues involving sports and entertainment, construction, environmental litigation, sexual abuse, business interruption losses, directors and officers, cyberattacks, health care and product liability, among others. He publishes and speaks frequently on insurance issues. Fluent in Spanish, Jeff also maintains an active pro bono practice, focusing on the representation of monolingual Spanish speakers.

Representative Experience

Lead coverage lawyer for the U.S. Olympic & Paralympic Committee in prosecuting insurance coverage claims involving sexual abuse litigation, including related to former USA Gymnastics doctor Larry Nassar and the $380 million settlement in In re: USA Gymnastics bankruptcy proceedings. Related coverage actions included USOPC v. TIG Ins. Co., et al.; Denver County District Court; Arch Specialty Ins. Co. v. USOPC, El Paso County District Court; Philadelphia Indemnity Ins. Co. v. USOPC, U.S. District Court, District of Colorado.
Represented the U.S. Olympic & Paralympic Committee as lead coverage lawyer in prosecuting insurance coverage claims involving sexual abuse litigation, including related to former USA Gymnastics doctor Larry Nassar and the $380 million settlement in In re: USA Gymnastics bankruptcy proceedings. Related coverage actions included USOPC v. TIG Ins. Co., et al.; Denver County District Court; Arch Specialty Ins. Co. v. USOPC, El Paso County District Court; Philadelphia Indemnity Ins. Co. v. USOPC, U.S. District Court, District of Colorado.
Represented land developer in successful prosecution of breach of contract and bad faith claims under Pollution Legal Liability/Cost-Cap policy involving more than $20 million of costs incurred remediating former military base (Heritage Fields El Toro LLC v. AIG Specialty Ins. Co., Orange County Superior Court).

Construction
- Represented construction products manufacturer in $55.3 million jury verdict for breach of contract, bad faith and punitive damages.
- Represented developer of high-rise tower in connection with insurance coverage under CCIP program and other policies related to major subsidence issues.
- Represented developer of ultra-luxury residential property in connection with insurance coverage for subsidence issues.
- Represented developers of high-end condominium project in litigation in Hawaii under OCIP and Pollution Legal Liability policies.
- Represented project owner in connection with coverage for eight-figure settlement under project-specific design liability policy.
- Represented the owner of $10 million+ residential project in connection with OCIP wrap program and other contracting-phase coverage issues.
- Prosecuted the coverage and indemnity claims by construction manager sued for delay and other damages in multiprime design-build commercial project.
- Represented additional insured coverage under policies issued to subcontractors that worked on commercial earthquake-retrofit and rehabilitation project.
- Handled coverage litigation and mediation involving suit brought against general contractor for alleged defects in government laboratory building.
- Represented general contractor in litigation and mediation of claim involving $10 million in alleged construction defects damages suffered by casino owner.
- Represented infrastructure contractor in coverage dispute involving eight-figure catastrophic rollover suit.
- Represented multiple clients in contracting-phase insurance advisory matters.

Environmental/Asbestos
- Represented developer in prosecuting breach of contract and bad faith claims against pollution legal liability insurer for cost of remediating deep soil contamination (1800 Rosecrans Partners, LLC v. Catlin Specialty Insurance Company; U.S. District Court, Central District of California).
- Helped secure landmark appellate ruling affirming California policyholders’ right to selectively exhaust triggered policies without “horizontally exhausting” all available coverage in other years (Montrose Chem. Corp. v. Superior Court, 5 Cal. 5th 215 (2020) (representing Amicus Curiae United Policyholders)).
- Represented multiple clients in connection with analysis of long-tail coverage issues in jurisdictions throughout the country, including California, Illinois, Indiana, Pennsylvania, New York, Texas, Wisconsin, Ohio, Washington and Oregon; issues include trigger, “all sums” versus “pro-rata,” stacking of limits and deductibles, premises versus products, number of occurrences, allocation, policies purchased by prior acquisition targets, successor liability, anti-assignment clauses, indemnity under asset purchase agreements, lost policies and insurance policy archaeology.
- Represented multiple clients involved in brownfield redevelopment and claims for clean-up costs and liability under “cost cap” and pollution legal liability policies.
- Obtained coverage response and other costs incurred in connection with release and alleged seepage from coal ash impoundments.
- Represented private equity company in connection with acquisition of a building supply company with significant asbestos liability.
- Represented plumbing distributor in asbestos liability coverage under more than 20 years of primary, umbrella and excess policies.

Sports, Media and Entertainment
- Represented major entertainment companies in various litigated and non-litigated matters, including coverage for COVID-19 losses suffered by suspended film and television productions.
- Represented sports equipment companies in multiple lawsuits seeking coverage of nationwide product liability suits arising out of the use of football helmets, including appellate decision that expanded protections afforded policyholders when insurers seek prejudicial discovery during pendency of underlying cases (Riddell, Inc. v. Superior Court, 14 Cal. App. 5th 755 (2017)).
- Represented major powersports vehicle company in various insurance matters, including coverage for serious vehicle injuries, consumer class action lawsuits and personal injury matters.
- Represented sports equipment companies in defense of product liability insurer’s attempt to avoid obligation to pay defense costs (Aspen Specialty Ins. Co. v. Riddell, Inc., et al.; U.S. District Court, Central District of California).

Cyber/Network Security/Data Privacy Breach
- Represented major university research hospital in litigation involving alleged data security breach claim involving 20,000 patients; case resulted in one of the first court rulings that statutory damages for privacy breaches are covered under general liability policies.
- Represented multiple clients in connection with the assessment and negotiation of policy language for cyber/network security/data privacy breach insurance policies.
- Represented multinational service provider in connection with coverage under primary and umbrella general liability policies for putative class litigation involving alleged TCPA violations.
- Represented national retailer in litigation and negotiation of claims against its D&O and CGL insurers for coverage of class action claims alleging illegal recording of customer telephone calls.
- Represented captive insurer of global professional services company in adjusting a nearly $40 million claim for costs of responding to a foreign-government-sponsored advanced persistent attack on its network.

Technology

- Represented major space research and development center prosecuting coverage and bad-faith claims arising out of insurer’s failure to pay for extensive damage to network servers and related computer equipment (Aerospace Corp. v. Factory Mutual Ins. Co.; U.S. District Court, Central District of California).
- Represented e-commerce company in connection with placement of professional liability and data breach policy and related risk management issues.
- Represented global software and professional service provider in recovery of almost $50 million under primary and excess technology professional liability policies for losses incurred in putative class litigation involving alleged fraud and conspiracy.
- Represented software company in recovery under D&O and fiduciary liability policies for losses incurred in government investigations and private litigation related to allegedly “backdated” stock options.
- Represented IT service provider in connection with tail and other D&O coverage for claims against former directors and officers of acquired company and related indemnification issues.
- Represented technology company in connection with claim for informal and formal investigation costs.

Health Care/Life Sciences
- Represented health care network in obtaining coverage under multiple D&O towers for allegedly interrelated antitrust lawsuits.
- Represented multinational health care company in coverage litigation resulting in favorable ruling on insurer’s efforts to have Illinois-domiciled case dismissed based on choice-of-law and forum selection clauses in German-language policy (Baxter International v. AXA Versicherung AG, 908 F. Supp. 2d 920 (N.D. Ill. 2012)).
- Advised oncology-focused biotech company on potential coverage for HIPAA violations and other risks under proposed privacy and network security policy.
- Negotiated and mediated claim involving coverage for losses incurred in internal investigation and dozens of product liability lawsuits under high-deductible insurance program consisting of captive, domestic commercial and Bermuda Form layers.
- Advised biopharmaceutical company on potential coverage for investigative costs and other issues under proposed D&O renewal.
- Handled coverage litigation for loss exceeding $400 million stemming from suits brought worldwide by plaintiffs alleging HIV and Hepatitis-C infections from human-plasma-derived products.
- Represented life sciences company under clinical trials professional liability policy for claim involving death of participant.
- Recovered under D&O policy for defense and settlement costs incurred in litigation involving allegations of improper pricing practices.
- Handled coverage litigation involving multiple insurance coverage and non-insurance contractual indemnity issues arising from losses related to alleged contamination of China-sourced active pharmaceutical ingredient.

Mergers and Acquisitions
- Represented multiple clients on D&O, Side A DIC, workers compensation and other insurance issues related to the sale of U.S. assets by foreign companies.
- Represented multiple clients on representations and warranties insurance in connection with purchase and sale of companies with significant asbestos and environmental liabilities.
- Represented client in insurance due diligence concerning coverage for projected asbestos liabilities.
- Represented client in D&O tower claim involving alleged fraudulent conveyance and related claims brought by trustee of insolvent former subsidiary stemming from leveraged recapitalization transaction.

Financial Services
- Represented multiple clients in connection with the placement and renewal of their D&O programs, including global credit card and payment services company, credit and special situation investment fund, and traditional financial institutions.
- Represented global asset manager in connection with claims under D&O policies for investor suits involving various structured financial products.
- Represented client in case involving fidelity bond claim arising from failed community bank in Hawaii.
- Negotiated and mediated claim under trust errors and omissions policy for suit alleging mismanagement during conservatorship and trust administration.
- Handled coverage litigation under D&O and financial institution bond for suit involving alleged “affinity fraud” committed by bank employees and customers.
- Handled coverage litigation involving D&O policy for suit filed against publicly traded community bank involving allegations that previously acquired bank aided and abetted Ponzi scheme.

Professional Highlights

Honors & Awards

The Legal 500 U.S. Insurance: Advice to Policyholders (2025)
Law360 Insurance Authority General Liability Editorial Board (2025)
Southern California Super Lawyer, “Rising Star” (2015 – 2016)

Speaking Engagements
- “How Could That (Not) Be Covered? Truthiness and Coverage for False Claims Act Liability,” March 1, 2019, ABA Conference
- “Construction Insurance Coverage – Professional Services Coverage and Exclusions,” December 13, 2018, Strafford Webinar
- “Professional Services Coverage and Exclusions in the High-Tech Era,” March 1, 2018, ABA Conference
- “Shrunken Chickens, Neck Flanges, Pill Mills and Bacteria: New Twists on Perennially Difficult Issues in Products-Related Coverage,” March 4, 2017, ABA Conference
- “Data (Mis)Use Litigation,” November 7, 2016, ING3NUOUS 2016 SoCal Cybersecurity, Privacy and Data Protection Retreat
- “Property Insurance for Cybersecurity Losses,” April 9, 2016, ABA Conference
- “Health Care Management Liability Insurance: False Claims Act, Provider Reimbursement Litigation and Other Controversial Claims,” March 6, 2015, ABA Conference

Publications
- “Blake Lively Defamation Suits Bring Insurance Center Stage,” February 13, 2025, Law360
- “COVID-19 Insurance Battles Could Help Hollywood Bolster Production Policies,” September 9, 2022, Hollywood Reporter
- “Mitigating PFAS, Plastics-Related Litigation Costs with Insurance,” July 29, 2022, Bloomberg Law
- “California Supreme Court Decision Removes Significant Obstacle to Coverage for Long-Tail Claims,” April 7, 2020, Covington Client Alert
- “What’s in a Word? The Hidden Pitfalls of Cyber Insurance Policy Language,” April 1, 2020, Risk Management
- “Insurance Tips for ‘No Poach’ Employment Antitrust Claims,” July 30, 2018, Law360
- “Hot Issues in Private and Public Company D&O Insurance Coverage,” September 27, 2017, Orange County Bar Association, Insurance Law Section
- “Cyber Insurance Offerings Growing in Response to New Threats,” July 28, 2017, Medtech insight
- “The Interplay Between Indemnity and Insurance in Construction Contracts,” July 31, 2015, Law360
- “Benefits of Insurance Coverage for False Claims Act Lawsuits Likely Greatest Outside of Fortune 100,” May 15, 2015, Law360
- “An American Policyholder In London: English Choice of Law Clauses In U.S. Insurance Policies,” July 21, 2014, Lexology
- “Fundamentos de Los Seguros Comerciales en Los Estados Unidos,” June 2, 2014, www.abogados.com.ar

Education

J.D., University of California, Hastings College of the Law, 2003

B.S., University of Utah, 1999

Admissions

California

Languages

Spanish

Areas of Focus

Practices

Representative Experience

Professional Highlights

Jeff's Insights