Bradley J. Baumgart: Lawyer with Kutak Rock LLP

Bradley J. Baumgart

Partner
Kansas City,  MO  U.S.A.
Phone(816) 502-4618

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Practice Areas

  • Litigation
  • Business and Class Action Litigation
  • Insurance Litigation
  • Management and Supervision
  • Insurance and Indemnity
  • Product Liability
  • Mass Torts and Personal Injury
  • Personal Injury Defense
  • Trucking Litigation
  • ERISA and Benefits Litigation
 
University University of Missouri-Columbia, B.S., Sociology, cum laude, 1974; Order of the Coif
 
Law SchoolUniversity of Missouri School of Law, J.D., 1979; Missouri Law Review
 
Admitted1979, Missouri; U.S. Court of Appeals for the Federal Circuit; U.S. Court of Appeals for the Fifth Circuit; U.S. Court of Appeals for the Sixth Circuit; U.S. Court of Appeals for the Eighth Circuit; U.S. Supreme Court
 
Memberships 

Memberships and Affiliations

•International Association of Defense Counsel (1987- )
•Past President, Kansas City Claims Association (1989)
•Defense Research Institute
•Western Missouri Defense Lawyers Association
•Trucking Industry Defense Association
•The Missouri Bar
•Kansas City Metropolitan Bar Association

Other Distinctions

• Named Best of the Bar by Kansas City Business Journal for Insurance Coverage
Super Lawyers , 2005, 2007-2013
• Selected as one of the best attorneys in Kansas and Missouri by KC Magazine, 2013

 
BornPoplar Bluff, Missouri, May 15, 1952
 
Biography

Mr. Baumgart, a partner in the Kansas City office's litigation department, has handled insurance coverage, and bad-faith litigation and ERISA cases for more than 20 years. He advises Primary and Excess Insurance clients on a variety of coverage issues at all stages of the legal process, from preparing initial coverage opinions on new claims, counseling clients on coverage and bad-faith issues during the pendency of underlying litigation, through litigating coverage and bad-faith matters in trial and appeals. Mr. Baumgart's experience in this area includes all types of coverages: comprehensive general liability, personal injury, umbrella, excess, first-party property, life, health and disability.

ERISA litigation was a natural outgrowth of Mr. Baumgart's extensive insurance litigation experience. He has handled many aspects of ERISA litigation, from both the insurance coverage and substantive defense aspects. Mr. Baumgart has defended breach of fiduciary duty claims and ERISA benefit claims and has successfully defended numerous lawsuits based upon ERISA preemption. In addition, he has counseled many clients on the insurance coverage aspects of ERISA claim litigation.

Mr. Baumgart focuses on his clients' goals and attitudes toward coverage issues and coverage litigation. This is facilitated by developing personal, trusted relationships with clients and always being on call to them.

Labatt Brewing Company Ltd. v. Zurich Insurance Company, 281 A.D.2d 363, 723 N.Y.2d 17 (2001). Declaration of no coverage for client.
Sound Products, Inc. v. Maryland Casualty Company, Court of Appeals for the Tenth Circuit, unpublished opinion filed Mar. 23, 2001. Declaration of no coverage for client.
OMI Holdings, Inc. v. Chubb Ins. Co. of Canada, 1996 WL 772586 (D. Kan., Nov 22, 1996) (NO. CIV. A. 95-2519-KHV).
Federal Insurance Co. v. American Zurich Ins. Co., et al., jury rendered a defense verdict on 02-26-1993. U.S. District Court, Western District of Missouri 4:91-cv-01004-DW.
World Plan Executive Council-U.S. v. Zurich Ins. Co., 810 F. Supp. 1042 (S.D. Iowa, Dec 10, 1992) (NO. CIV. 4-90-70617).
Parker v. Fidelity Security Life Insurance Co., 935 F.2d 1291 (5th Cir. 1991). Obtained dismissal of plaintiff's breach of contract and bad- faith claims based upon ERISA preemption. Fifth Circuit affirmed without opinion.
Mars National Bank v. John Utz and Kansas City Life Insurance Company. U.S. District, Western District of Pennsylvania (Case No. 98-1151). Defended Kansas City Life Insurance Co. in an action brought by a Bank and its Defined Benefit Pension Plan and Trust. The claims arose out of the civil enforcement provisions of ERISA, ERISA common law and Pennsylvania state law. Obtained dismissal of plaintiff's federal common law claims, breach of contract claims and Bank's claim under Section 502(a)(2) of ERISA. Thereafter a favorable settlement for client was obtained.
Lake County Employers' Health & Welfare Benefit Plan & Trust v. Fidelity Security Life Insurance Company (90 Ohio App. 3d 809, 630 N.E. 2d 781). Claim of beneficiary against stop loss carrier preempted by ERISA.

Articles:

• Authentic Problems of Insurance Fraud, Ingram's Magazine, Vol. 25, No. 10 (Oct. 1999)
• AIDS Exclusions in Group Health Care Plans, For the Defense, (Apr. 1995)
• Why Was the Case Remanded? Newsletter for the International Association of Defense Counsel, (Jan. 1992)
• Civil Practice and Procedures for the Western District of Missouri:, Missouri Courts and CLE Bulletin, Editor (1984-93)
• Preliminary Requirements for Condemnation in Missouri - Necessity, Public Use and Good Faith Negotiations, 44 Mo. L.R. 503 (1979)
• Civil Procedure - Remittitur - Limited Right of Remitting Party to Cross-Appeal, 43 Mo. L.R. 99 (1978)
• Evidence-Evaluative Problem, 43 Missouri Law Review, 1978; AIDS Exclusions in Group Health Care Plans, The Defense, Vol. 37, No. 4, April 1995

Mr. Baumgart heads the Kansas City office's litigation department and has handled insurance coverage and bad-faith litigation cases for more than 20 years.

ERISA litigation was a natural outgrowth of Mr. Baumgart's extensive insurance litigation experience. He has handled many aspects of ERISA litigation, from both the insurance coverage and substantive defense aspects. Mr. Baumgart has defended breach of fiduciary duty claims and ERISA benefit claims and has successfully defended numerous lawsuits based upon ERISA preemption. In addition, he has counseled many clients on the insurance coverage aspects of ERISA claim litigation.

Mr. Baumgart heads the Kansas City office's litigation department and has handled insurance coverage and bad-faith litigation cases for more than 20 years. He advises Primary and Excess Insurance clients on a variety of coverage issues at all stages of the legal process, from preparing initial coverage opinions on new claims, counseling clients on coverage and bad-faith issues during the pendency of underlying litigation, through litigating coverage and bad-faith matters in trial and appeals. Mr. Baumgart's experience in this area includes all types of coverages: comprehensive general liability, personal injury, umbrella, excess, first-party property, life, health and disability.

News

August 18, 2014 2015 Best Lawyers in America Recognizes 56 Kutak Rock Attorneys
Kutak Rock is pleased to announce that 56 of its attorneys are included in the 21st edition of The Best Lawyers in America publication.

July 31, 2013 Judgment Secured in ERISA Case

March 1, 2013 Missouri Supreme Court Vindicates Kutak Rock Client

January 27, 2012 No Employer Liability in Third-Party Tort Actions Downey v. Western Comty. College Area, 282 Neb. 970 (2012)

March 22, 2011 Super Lawyers Names Kutak Rock Midwest Attorneys

Publications

April 22, 2013 Supreme Court: Clear Terms of an ERISA Plan Govern Reimbursement Following a Plan Participant's Third-Party Recovery
Client Alert

January 27, 2012 No Employer Liability in Third-Party Tort Actions
Client Alert

Events

Past Events

June 17, 2011 Intellectual Property CLE

 
ISLN909187741
 


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Office Information

Bradley J. Baumgart

1010 Grand Boulevard
Kansas CityMO 64106




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