William J Brennan
William.Brennan@kennedyslaw.com
+1 212 832 4920
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Profile
Education
- University of Pennsylvania Law School, JD (cum laude), 2000
- Haverford College, BA, 1991
Will is a partner with the firm and is based in the New York office. He has handled a broad array of insurance coverage and commercial litigation matters for the firm’s insurance and corporate sector clients. He is regularly called upon to evaluate or litigate complex coverage disputes involving insurance for professional liability (including coverage for Architects & Engineers, Bankers, and Lawyers), product contamination/product recall, financial institutions, environmental liability, directors and officers, media, cyber, and general liability matters. Will has litigated coverage disputes on behalf of insurers in federal and/or state courts in New York, California, Texas, New Jersey, Ohio, Wisconsin, Utah, California, Rhode Island, and Tennessee, as well as in Bermuda-form arbitrations.
In addition, Will’s commercial defense background includes cases involving construction defect, trademark infringement, product liability, and employment-related issues.
Related articles
Qualifications and admissions
- Massachusetts
- New York
- US District Court, Southern District of California
- US District Court, Massachusetts
- US District Court, Eastern and Southern Districts of New York
- US Court of Appeals, Second and Fourth Circuit
Work highlights
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On the winning brief in American Empire Surplus Lines Ins. Co. v. Commerce & Industry Ins. Co., --- N.Y.S.3d ---, 2023 WL 8263050 (1St Dept. Nov. 30, 2023), confirming summary judgment on issues of timely notice to excess insurers.
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Won summary judgment in favor of media liability insurer in connection with coverage claims for automatic renewal lawsuits. Time Inc. v. Mut. Ins. Co. Ltd., --- F.Supp. 3d ---, 2023 WL 2752799 (S.D.N.Y. Mar. 31, 2023).
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On the winning brief in Towers Watson & Co. v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, 67 F.4th 648, (4th Cir. 2023), which established that D&O policy bump-up clauses should be interpreted according to their plain meaning rather than a narrow, technical meaning.
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Won motion to dismiss in California federal court enforcing choice of jurisdiction clause.
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Won partial motion to dismiss in New York reinsurance dispute involving bankers professional liability coverage, and successfully defended appeal. Wells Fargo Bank, N.A. v. Lloyd's Syndicate AGM 2488, 195 A.D.3d 434, 144 N.Y.S.3d 590 (1st Dept. 2021).
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Won summary judgment for excess insurer in Texas lawsuit over D&O coverage for Delaware appraisal action, and was on the brief for the successful defense of that decision on appeal. Zale Corp. v. Berkley Ins. Co., 2020 WL 4361942 (Tex. Ct. App. July 30, 2020).
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Won summary judgment for CGL insurer in New York lawsuit seeking coverage for PFOA/PFOS pollution claims, and was on the brief for the successful defense of that decision on appeal. Tonoga, Inc. v. New Hampshire Ins. Co., 201 A.D.3d 1091 (3rd Dept. Jan. 6, 2022).
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Second chaired Bermuda-form arbitration to favorable decision finding no coverage under product recall/adverse publicity policy.
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Represented insurer in successful defense in Bermuda-form arbitration of claim under railroad policy involving $500M+ in alleged losses.
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Won dismissal of claims against a component manufacturer in product liability case in New York state court based on application of economic loss doctrine.
Presentations and publications
- “Introduction to the US Legal System,” In-House Client Training (June 2022)
- Co-Author, "Delaware Supreme Court expands the application of Delaware law in D&O coverage disputes," published for Kennedys (March 2021)
- Co-author, “D&O Insurers win declaratory judgment via insured capacity exclusion,” published for Kennedys (February 2021)
- Author, “Delaware Supreme court limits D&O coverage for appraisal actions,” published for Kennedys (February 2021)
- “Florida Bad Faith Law: The Insurer’s Duty of Good Faith to Settle Claims Against the Insured,” In-House Client Training (June 2020)
- “Policy Limit Demands: Strategies, Pitfalls and Recent Developments,” In-House Client Training (April 2020)
Insurance and reinsurance