Theodore A. Keyes

Practice Areas

Litigation; Environmental Law; Insurance Law

Education

Selected Representations

Allegheny Energy, Inc., et al. v. Certain Underwriters at Lloyd’s, London, Case No. 21-C-03-16733 (Cir. Court, Washington County, Md.). Defense of insurance carrier in lawsuit concerning environmental claims

St. Paul Surplus Lines Insurance Company, et al. v. Cinergy Corp., et al., Cause No. 32D020010CP191 (Hendricks County, Indiana) and Cinergy Corp., et al. v. St. Paul Surplus Lines Insurance Company, et al., 838 N.E.2d 1104 (Ind. Ct. App.). Representation of insurance carrier in connection with disputed insurance coverage claim concerning United States Clean Air Act enforcement action

AIU Insurance Company, et al. v. Louis Dreyfus Natural Gas Corp.,No. 02CV3277 (S.D.N.Y.). Representation of insurance carrier in connection with disputed claim under pollution insurance policy

Port of Houston v. GB Biosciences Corporation et al., Cause No. 2001-07795, (Harris County Texas). Representation of insurance carrier in connection with settlement and arbitration of underlying complex case concerning contamination from chemical plant in Houston

Friends of Van Cortlandt Park v. City of New York, 95 N.Y.2d 623 (N.Y. 2001). Representation of parkland group in lawsuit to prevent alienation of parkland without legislative approval

Wyoming Alaska Company, Inc., et al. v. Commerce and Industry Insurance Company, Civ. No. 2:00-CV-0499 (D.Ct. Utah). Defense of insurance carrier in connection with lawsuit seeking coverage for environmental cleanup due to
gasoline spill in Alaska

Genesis Insurance Company v. Physician Computer Network, Inc., Civ. No. 99-CV-103 (D.N.J.). Defense of insured in connection with declaratory judgment action to rescind directors and officers’ liability insurance policy

United Statesv. Pitney Bowes, Inc., et al.,25 F.3d 66 (2d Cir. 1993). Representation of mortgagee seeking to intervene in lawsuit to prevent entry of Consent Decree governing CERLA remediation of mortgaged property

EDO Corporation, et al. v. Elinco Associates Limited Partnership, et al., Civ. No. 393-CV-00504 (D. Conn.) Defense of lender in private cost recovery lawsuit under CERCLA

RMT, Inc. v. Giddings & Lewis, et al., 95 CV 00173 (Wis. Cir. Court, Fond du Lac County). Prosecution of fourth-party contribution action concerning responsibility for remediation of oxide box waste from former MGP

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 multi-site declaratory judgment action concerning former MGPs in New Jersey

Edwards Oil Service, Inc. v. National Union, et al., No. 93-305190-CK (Mich. Cir. Court, Wayne County). Defense of insurance carrier in coverage lawsuit concerning hydrogen sulfide release

Selected Publications

"Narrow View of Prior Knowledge Exclusion Adopted," New York Law Journal, November 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, November 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, Fall 2001, Vol. 21, No. 4

Selected Speaking Engagements

Bronx Talk Prime Time, Television Appearance, March 2001, Discussion of Proposed Croton Water Filtration Plant Siting Issues

Memberships

American Bar Association (Environmental Section)
New York State Bar Association (Environmental Section)
Defense Research Institute