Kristin V Gallagher

Kristin V Gallagher

Partner Basking Ridge, United States

Admissions

  • New Jersey
  • New York
  • New York Supreme Court, Appellate Division, Third Judicial Department
  • US Court of Appeals, First, Second, Third, Fourth, Fifth, Ninth and Eleventh Circuits
  • US District Court, New Jersey
  • US District Court, Eastern, Northern and Southern Districts of New York

Education

  • Seton Hall University School of Law, JD, 1995
  • Fairfield University, BA, 1992

Kristin is a Partner in the New Jersey office and has spent over two decades litigating, mediating, and arbitrating insurance coverage matters in federal and state courts around the country. She represents clients in the areas of commercial property and casualty, product contamination and product recall, professional liability, directors’ and officers’ liability, advertising liability, cyber risk, and environmental and mass tort claims. She also has significant experience in all aspects of bad faith litigation, including claims between primary and excess insurers.

Kristin’s practice includes counseling insurers on large claim losses, risk analysis, policy drafting, bad faith exposures and general business matters. She is also a frequent lecturer on a myriad of insurance and litigation topics.

Earlier in her career, Kristin served as Law Clerk to The Honorable Peter E. Doyne, P.J.S.C., Superior Court of New Jersey, Bergen County. Kristin is currently a member of the Defense Research Institute, Council on Litigation Management, National Association of Professional Women and National Association of Insurance Women, and is a founding member of the firm’s Women's Initiative. She also serves as an elected member of the Board of Education in Washington Township, New Jersey.

Recognized by New Jersey Super Lawyers (2017-2019)

Work highlights

  • Lead counsel in a coverage dispute arising out of an underlying multi-district Telephone Consumer Protection Act (“TCPA”) litigation in which the alleged violations potentially total $2.8 billion in fines under the Act.
  • Successfully represented an insurer in a dispute with its policyholder, a national healthcare company, regarding damages resulting from a data breach.
  • Successfully defended a specialty lines insurer in a dispute with professional NASCAR racer Tony Stewart regarding coverage under a policy for an underlying wrongful death action stemming from Stewart’s participation in a sprint car race.
  • Successfully represented an excess insurer with respect to a dispute under a product recall policy with respect to $15 million incurred in connection with a highly publicized recall of uninspected beef. 
  • Lead coverage counsel for a global insurer in the World Trade Center litigation.  

Presentations and publications

  • Co-author, "Preemptive Recalls May Not Be Covered By Product Recall Insurance," published for Kennedys (January 2019)
  • Co-author, “Handling the Florida Claimant’s Demand for a Financial Affidavit,” published for Kennedys (January 2019)
  • Co-author, "The Controversial Restatement of the Law of Liability Insurance," published for Kennedys (October 2018)
  • Co-author, "Restatement of the Law of Liability Insurance Approved, but Controversy Remains," published for Kennedys (May 2018)
  • Co-author, “NJ Courts Struggle To Reach A Uniform Interpretation of The Phrase ‘Caused, In Whole or In Part, By’ in Additional Insured Endorsements,” published on Kennedys Website (March 2018)

Seminars

  • "Commercial Claims: Business Interruption, Lost Profits & More,” presented at the HB Litigation Conferences Hurricane Claims Forum (November 2017)
  • “Fundamentals of Risk Transfer” in-house presentation to client (June and August 2017)
  • “Hammering on Construction Liability,” A.M. Best webinar (February 2017)
  • “Insurance Coverage – Additional, Horizontal, Vertical or Some Other Way,” presented to the Labor Law Claims, Coverage and Litigation Section of the New York Bar Association (December 2016)
  • “Ethical Challenges with the Tri-Partite Relationship,” presented at The Perrin Conference (October 2016)
  • “The Relationship Between Primary and Excess Insurers,” in-house presentation to clients (December 2015)

Reported decisions

  • Axis Ins. Co. v. Stewart, 198 F. Supp. 3d 4 (N.D.N.Y. July 2016)
  • Bingham v. 347 11th St., LLC, 140 A.D. 686 (N.Y. Sup. Ct. App. Div. 2nd Dep’t June 1, 2016)
  • Carolina Cas. Ins. Co. v. Red Coats Inc., 624 Fed. Appx. 992 (11th Cir. August 17, 2015)
  • Goldstone Amber St. Realty Corp. v. New York Mar. & Gen. Ins. Co., 127 A.D. 3d 691, (N.Y. Sup. Ct. App. Div. 2nd Dep’t April 2015)
  • Jene’ Barranco, et al. v. Hog Wild Trucking, Inc. et al, Cause Number 2011-0209 (Miss. Cir. Ct. October 18, 2013)
Market recognition
  • Gallagher

    Kristin Gallagher Super Lawyers

    Super Lawyers