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919 Third Avenue
New York, New York 10022
United States of America
P: +1 212.756.2433
E:
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Theodore A. Keyes is a special counsel in the New York office, where he practices in the areas of litigation, environmental law and insurance law as a member of the Environmental Group and the Litigation Department. Ted's litigation practice covers a wide range of matters involving environmental issues and insurance coverage disputes concerning a variety of insurance products. Ted's insurance practice also includes counseling of clients concerning the terms of various specialty insurance policies. He is the author of the New York Law Journal's Corporate Insurance Law column.
Selected Representations
Representation of insurance carrier in connection with coverage dispute concerning Clean Air Act enforcement action. Cinergy Corp. v. St. Paul Surplus Lines Ins. Co., 915 N.E.2d 524 (Ind. Ct. App. 2009); Cinergy Corp. v. St. Paul Surplus Lines Ins. Co., 873 N.E.2d 105 (Ind. Ct. App. 2007); Cinergy Corp. Associated Elec. & Gas Ins. Servs., Ltd., 865 N.E.2d 571 (Ind. 2007).
Representation of insurance carrier in environmental coverage litigation. Handy & Harman v. American International Group Inc. et al., Index No. 115666/07 (New York County).
Challenge to New York City project adjacent to parkland under public trust doctrine. New York State Assemblyman Adam Clayton Powell, IV, et al. v. City of New York, et al., Index No. 108220/2006 (New York County).
Defense of insurance carrier in lawsuit concerning environmental claims. Allegheny Energy, Inc., et al. v. Certain Underwriters at Lloyd’s, London, Case No. 21-C-03-16733 (Cir. Court, Washington County, Md.).
Representation of insurance carrier in connection with disputed claim under pollution insurance policy. AIU Insurance Company, et al. v. Louis Dreyfus Natural Gas Corp.,No. 02CV3277 (S.D.N.Y.).
Representation of insurance carrier in connection with settlement and arbitration of underlying complex case concerning contamination from chemical plant in Houston. Port of Houston v. GB Biosciences Corporation et al., Cause No. 2001-07795, (Harris County Texas).
Representation of parkland group in lawsuit to prevent alienation of parkland without legislative approval. Friends of Van Cortlandt Park v. City of New York, 95 N.Y.2d 623 (N.Y. 2001).
Defense of insurance carrier in connection with lawsuit seeking coverage for environmental cleanup due to gasoline spill in Alaska. Wyoming Alaska Company, Inc., et al. v. Commerce and Industry Insurance Company, Civ. No. 2:00-CV-0499 (D.Ct. Utah).
Defense of insured in connection with declaratory judgment action to rescind directors and officers’ liability insurance policy. Genesis Insurance Company v. Physician Computer Network, Inc., Civ. No. 99-CV-103 (D.N.J.).
Representation of mortgagee seeking to intervene in lawsuit to prevent entry of Consent Decree governing CERLA remediation of mortgaged property. United States v. Pitney Bowes, Inc., et al.,25 F.3d 66 (2d Cir. 1993).
Defense of lender in private cost recovery lawsuit under CERCLA. EDO Corporation, et al. v. Elinco Associates Limited Partnership, et al., Civ. No. 393-CV-00504 (D. Conn.).
Prosecution of fourth-party contribution action concerning responsibility for remediation of oxide box waste from former MGP. RMT, Inc. v. Giddings & Lewis, et al., 95 CV 00173 (Wis. Cir. Court, Fond du Lac County).
Defense of insurance carrier in multi-site declaratory judgment action concerning former MGPs in New Jersey. Jersey Central Power & Light Company v. American Casualty, et al., C-299-94 (N.J. Super. Ct. Middlesex County).
Defense of insurance carrier in multi-site declaratory judgment action concerning former MGPs in New Jersey. New Jersey Natural Gas Company v. St. Paul Fire & Marine Ins. Co., et al., OCN-L-859-95 (N.J. Super. Ct., Ocean County).
Defense of insurance carrier in coverage lawsuit concerning hydrogen sulfide release. Edwards Oil Service, Inc. v. National Union, et al., No. 93-305190-CK (Mich. Cir. Court, Wayne County).
Selected Publications
“Department of Financial Services Surveys Insurers on Climate Risks,” New York Law Journal, March 29, 2012 (co-author)
“2011 Wrap-Up: New Agency, Other Noteworthy Developments,” New York Law Journal, Jan. 31, 2012 (co-author)
“New York Courts May Be Wavering on ‘Zeig,’” New York Law Journal, Dec. 8, 2011 (co-author)
“Second Circuit Upholds Coverage for Investigation-Related Costs,” New York Law Journal, Sept. 21, 2011 (co-author)
“‘Zeig’ Still Governs Exhaustion of Underlying Policy Limits in New York,” New York Law Journal, June 30, 2011 (co-author)
“Dispute Resolved over Overlapping GL and D&O Insurance Policies,” New York Law Journal, March 30, 2011 (co-author)
“Revisiting ‘Bi-Economy’ and Consequential Damages,” New York Law Journal, Jan. 31, 2011 (co-author)
“Courts Differ on Insurer’s Right to Recoupment of Defense Costs,” New York Law Journal, Nov. 2, 2010 (co-author)
“BP Oil Spill: An Insurance Perspective,” New York Law Journal, Aug. 18, 2010 (co-author)
“Green Building and Insurance,” New York Law Journal, June 2, 2010 (co-author)
“Existing SEC Requirements Serve as the Baseline for Climate Change Risk Disclosure,” ABA Environmental Disclosure Committee Newsletter, April 2010
“Things to Know About Your D&O Insurance Before Investigation Begins,” New York Law Journal, March 16, 2010 (co-author)
“SEC Issues Guidance on Climate Change-Related Disclosure by Public Companies,” SRZ Client Alert, Feb. 8, 2010
“Continuing Influence of Repealed Statutory Pollution Exclusion,” New York Law Journal, Jan. 5, 2010 (co-author)
“SEC Mandatory Climate Change Risk Disclosure is on the Horizon,” Securities Regulation & Law Report, Nov. 16, 2009 (co-author)
“Scope of Prior Knowledge Exclusions in Professional Liability Policies,” New York Law Journal, Nov. 9, 2009 (co-author)
“Allocation of Defense Costs Among Overlapping Insurance,” New York Law Journal, Sept. 4, 2009 (co-author)
“Court Finds Laches Defense Bars Coverage for Asbestos Claimants,” New York Law Journal, July 1, 2009 (co-author)
“Agency Opinion Seeks to Impose Duty to Defend on D&O Insurer,” New York Law Journal, March 6, 2009 (co-author)
“New Late Notice Law Requires Insurers to Show Prejudice,” New York Law Journal, Jan. 2, 2009 (co-author)
“Narrow View of Prior Knowledge Exclusion Adopted,” New York Law Journal, Nov. 3, 2008 (co-author)
“Consequential Damages: Only if Foreseen at Time of Pact,” New York Law Journal, May 8, 2008 (co-author)
“World Trade Center Debris: Meaning of ‘Contamination’,” New York Law Journal, March 6, 2008 (co-author)
“Choice of Law Can Be the Key to an Insurance Case,” New York Law Journal, Jan. 4, 2008 (co-author)
“Key Issues Directors and Officers Insurance Should Address,” New York Law Journal, Nov. 5, 2007 (co-author)
“Repudiation vs. Ordinary Breach: Insured’s Policy Duties,” New York Law Journal, July 2, 2007 (co-author)
“Duty to Defend: Four Corners Rule, Duty to Look Beyond,” New York Law Journal, May 9, 2007 (co-author)
“Impact of reservation of Rights on Contesting Settlement,” New York Law Journal, March 2, 2007 (co-author)
“NFL Goes Back to Basics to Win ‘Clarett’ on Extra Point,” New York Law Journal, Jan. 5, 2007 (co-author)
“Late Notice: Insured’s Implied Waiver of Privilege,” New York Law Journal, Nov. 29, 2006 (co-author)
“Contra Proferentum: Sophisticated Entities Negotiating,” New York Law Journal, Aug. 30, 2006 (co-author)
“Insurers, Tort Declaratory Judgment Actions, Bad Faith Liability,” New York Law Journal, July 10, 2006 (co-author)
“Identifying Late Notice as Defense in Specific Reservation of Rights,” New York Law Journal, April 17, 2006 (co-author)
“State and Federal Courts of Appeal Enforce Noncumulation Clauses,” New York Law Journal, Feb. 28, 2006 (co-author)
“Wind vs. Water: Insurance Coverage for Storm Damage,” New York Law Journal, Nov. 29, 2005 (co-author)
“Public Policy Ruled Not a Mandate for Extended Reporting Periods,” New York Law Journal, Aug. 24, 2005 (co-author)
“Misrepresentations in Insurance Application Can Void the Policy,” New York Law Journal, June 30, 2005 (co-author)
“Late Notice Law: Does the Insurer Need to Show Prejudice?,” New York Law Journal, Feb. 22, 2005 (co-author)
“Beware of Deemer Clauses Treating Related Claims as Single Claim,” New York Law Journal, Nov. 8, 2004 (co-author)
“Directors’ and Officers’ Insurance: Allocation of Defense Costs,” New York Law Journal, Aug. 24, 2004 (co-author)
“New Transactional and Government Investigation Insurance,” New York Law Journal, July 1, 2004 (co-author)
“Pollution Insurance in Business and Real Estate,” New York Law Journal, April 21, 2004 (co-author)
“Late Notice Law: Does the Insurer Need to Show Prejudice?,” New York Law Journal, Feb. 20, 2004 (co-author)
“Proceeds of D&O Liability Insurance Property of Debtor’s Estate?,” New York Law Journal, Nov. 12, 2003 (co-author)
“The Terrorism Risk Insurance Act of 2002: Analysis and Review,” New York Law Journal, Sept. 8, 2003 (co-author)
“Limits of No-Assignment Clause: Assigning Rights in Asset Purchase,“ New York Law Journal, July 9, 2003 (co-author)
“New York State Court of Appeals Reaffirms the Rule of State Legislative as Gatekeeper of Public Parklands,” The New York State Environmental Lawyer, Vol. 21, No. 4, Fall 2001
More
Selected Speaking Engagements
“Understanding Side A D&O Coverage for Hedge Fund Directors,” Herbert L. Jamison & Co. LLC Webinar, September 2011
“Things to Know About Your D&O Policy Before an SEC Investigation,” Herbert L. Jamison & Co. LLC Shifting Landscape of the Regulatory Focus for Hedge Funds, March 2011
“SEC and Insurance Response to Climate Change,” NYSBA Annual Meeting, January 2011
Things to Know About Your D&O Insurance Before an SEC Investigation Begins Webinar, May 2010
Recent Developments in New York Corporate Insurance Law Webcast, December 2009
Bronx Talk Prime Time, Television Appearance, Discussion of Proposed Croton Water Filtration Plant Siting Issue, March 2001
More
Memberships
American Bar Association (Environmental Section)
New York State Bar Association (Environmental Section)
Bar Admissions
Education
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Fordham University School of Law, J.D., 1991
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The George Washington University, B.A., 1987
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