Insurance Construction

K ENNET H R. K IRBY, Attorney-at-Law

*** ********* ****, *******, *** York 14226

h: 716-***-**** c: 716-***-**** email: k *****@*******.***

AREAS OF PROFESSIONAL CONCENTRAT ION

• Appellate (Over 100 appeals argued or briefed);

• Civil, Commercial and Contract Li t igation;

• Insurance Law;

• Labor Law (workplace or construction site accidents);

• Municipal Liability;

• Negligence;

• Premises L iabili ty;

• Products Liabili ty;

• Professional Liability;

• Tort;

• Workers’ Compensation Group Self-Insurance.

PROFESSIONAL EMPLOYMENT

Lippes Mathias Wexler Friedman L LP (2008 - 2011)

Counsel

Represented approximately seventy former employer members of nine different

g roup

self insurance t rusts, in litigation against New York State Workers’ Compensation

Board and otherwise. Successfully resisted, based on contractual construction,

effort by Board of T rustees of Metal Goods and Manufacturers Insurance Trust

F und to impose retroactive assessments upon approximately twenty former employer

members, saving those members hundreds of thousands of dollars in assessments.

Represented business and corporate clients commercial li tigation and insurance

coverage matters. Prepared and argued appeals. Represented insureds and

corporate clients in personal injury litigation.

Mat tar, D’Agostino & Gottlieb, L LP (2007 - 2008)

Associate

Represented clients in sophisticated commercial lit igation. Prepared and argued

appeals.

W ilder & Lineball, L LP (2006 - 2007)

Associate

Represented utilit ies in commercial, personal injury and property loss litigation.

P repared and argued appeals. Represented clients in insurance defense and

coverage li tigation.

Napier, Fitzgerald & Ki rby, L LP (1993 - 2006)

Partner

Represented insurers and insureds in both personal injury and property loss

l it igation, as well as insureds in professional liabili ty li tigation. Represented Buffalo

Sewer Authority in CERCLA li tigation, resolving said li tigation. Represented

clients in commercial lit igation. Represented insurers in coverage disputes and

l it igation. Prepared and argued appeals.

O’Shea, Reynolds, Napier, Cummings & Ki rby (1986 - 1993)

Partner

Represented insurers and insureds in both personal injury and property loss

l it igation, as well as in professional liability li tigation. Represented insurers in

coverage li tigation. Prepared and argued appeals. Successfully represented Hon.

James D. Griffin, Mayor of City of Buffalo, in A rthur v. Nyquist, Buffalo Schools

Desegregation Case, defeating Buffalo Board of

E ducation’s court application for additional funding, saving the City of Buffalo and

i ts taxpayers between $6,000,000 - $11,000,000. Represented municipalities in a

variety of cases.

O’Shea, Reynolds, Napier, Quinn & Cummings (1983 - 1986)

Associate

Same as immediately above.

EDUCAT ION

State University of New York at Buffalo, School of Law and Jurisprudence (1980

-1982)

Ju ris Doctor Awarded: 1982.

Georgetown University Law Center (1979)

State University of New York at Buffalo (1975 – 1979)

Bachelor of Arts: Awarded 1979, summa cum laude.

Double Major: Political Science and History, with Departmental Honors.

BAR ADM ISSIONS

New York State (All courts)

United States Supreme Court

United States Court of Appeals for the Second Circuit

United States District Court, Western District of New York

United States Bankruptcy Court, Western District of New York

PEER RECOGN I T ION/PUBL ICAT IONS/COM MUN I TY ACTIV I T I ES

• Recognized in B uffalo Law Journal /Buffalo Business First’s “2007 Who’s Who

i n Western New York Law” for appellate practice.

• Published article: “The Six-Year Legal Malpractice Statute of Limitations:

J udicial Usurpation of the Legislative Prerogative?” ( New York State Bar

Journal, December 1994 edition). Publication of this article precipitated

curative legislation re-establishing three-year statute of limitations for non-

medical professional malpractice (see, McKinney’s Cons. L. of N. Y., L.1996, c.

623, sec. 1, effective September 4, 1996).

• Lector, St. Benedict’s Roman Catholic Church, Eggertsville, New York, 2000 –

p resent. Former member of (i) Buffalo Water Board and (ii) Buffalo Police

Reorganization Commission.

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