Kim provides insurance companies with pre-litigation counseling and advice concerning complex coverage and claims-handling issues and represents insurance companies in coverage/bad faith litigation involving all types of insurance, including primary and excess directors & officers, employment practices liability, errors & omissions, and miscellaneous professional liability policies, as well as liability policies issued to nonprofit organizations, associations, venture capital firms and other private firms. Kim has litigated cases in state and federal courts and has arbitrated cases before the American Arbitration Association. She also has conducted rescission investigations and advised insurers on rescission issues. Kim has advised insurers on a wide range of additional insurance issues, as well, including, for example, late notice, allocation, related claims and interrelated wrongful acts, duty to defend, obligation to advance defense costs, duty to settle, competing retentions, exhaustion, and applicability of various exclusions such as the insured-versus-insured, dishonesty, personal profit, ERISA, and tangible property exclusions. Representative Experience Represented D&O insurer in coverage dispute with trustees over coverage for claim seeking $100 million in damages from insureds for alleged breach of fiduciary duty. Represented EPL insurer in coverage dispute with defense contractor concerning coverage for lawsuit brought by former employee seeking more than $10 million for alleged discrimination. Represented insurer in breach of contract action in which the insured claimed the insurer wrongfully denied coverage based on the policy's ERISA exclusion. Represented D&O insurer in coverage dispute with health care services provider and certain of its directors and officers over coverage for securities class action lawsuit seeking $63 million in damages and alleging failure to disclose that the company was making illegal payments to foreign customers in violation of the Foreign Corrupt Practices Act. Represented legal malpractice insurer in coverage dispute with attorney concerning coverage for vexatious litigation lawsuit seeking more than $750,000 in general and compensatory damages. Represented EPL insurer in coverage dispute with film-industry company concerning coverage for lawsuit brought by former CEO of company alleging, inter alia, wrongful termination, conversion, unfair competition, and breach of fiduciary duty and seeking more than $10 million in damages. Represented insurer in breach of contract/bad faith action where insurer denied coverage for claims asserted against an insured medical group by one of its former physicians. On pro bono basis, represented a grandmother seeking to become guardian of her grandchildren, a patient in a fee dispute with her physician, and an environmental organization seeking to stop a development that threatened a local state beach. Presentations and Speaking Engagements "Related Claims And Interrelated Wrongful Acts," in-house CLE seminar (December 15, 2004). "Related Claims And Interrelated Wrongful Acts," presented to one of firm's largest insurance clients (May 7, 2004). Publications "D&O and Professional Liability Update 2008: A Year In Review," Troutman Sanders LLP (March 4, 2009). "Professional Liability Update 2007: A Year In Review" (February 29, 2008). "Availability of Insurance Coverage For Claims Seeking Restitution, Disgorgement, Or Other Amounts That Do Not Constitute Financial Detriment To An Insured," presented at Professional Liability Underwriting Society Conference (November 2001). Work Experience Of Counsel, Troutman Sanders LLP, 2009-present Associate, Ross, Dixon & Bell, LLP, 1997-2009 Memberships · American Bar Association · Orange County Bar Association · Professional Liability Underwriting Society |