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Kay M. Brady

Partner
+1.412.355.6235
Fax +1.412.355.6501

Ms. Brady is a partner in the Pittsburgh office of K&L Gates. She has concentrated her practice on complex commercial litigation, focusing primarily on insurance coverage, toxic tort litigation, and commercial real estate disputes. Her practice has included litigating and counseling clients in insurance matters involving toxic torts, environmental liabilities, business interruption, property loss, product liability, and employee premises matters. She has extensive experience in valuing and negotiating insurance coverage settlements, resolving disputes through mediation, and pursuing claims against insolvent insurers, both domestic and foreign. Ms. Brady has trial and appellate experience in commercial litigation, real estate disputes, and construction matters and has litigated in federal and state courts in Pennsylvania, Arizona, California, Connecticut, Delaware, Hawaii, Maryland, Missouri, New Jersey, New York, Ohio, Oregon, Texas, Washington, West Virginia, Wisconsin, and other jurisdictions across the country.

Ms. Brady is admitted to various Pro Hac Vice admissions across the country, including California, Connecticut, Delaware, Maryland, New Jersey, New York, Ohio, Texas, Washington, West Virginia, and Wisconsin.

Professional Background

Ms. Brady has authored various articles and manuals on complex commercial litigation and insurance coverage. She has addressed professional and client organizations on substantive legal issues, ethics, and electronic discovery, and has served as an arbitrator in the Allegheny County Court of Common Pleas. Since joining the firm in 1991, Ms. Brady has served on the firm’s Hiring Committee, Professional Development Committee, Women in the Profession Committee, Associate Reengineering Committee, Mentoring Program, and other programs and committees of the firm. Ms. Brady holds an “AV” rating, the highest designation available from Martindale-Hubbell.

Professional/Civic Activities

  • American Bar Association (Litigation Section)
  • Pennsylvania Bar Association (Professional Liability Committee)
  • Allegheny County Bar Association
  • National Association of Women Lawyers
  • Leadership Development Initiative VII

Additional Information

Publications

  • Ms. Brady authored “Texas Pro-Policyholder Case Will Impact Excess Insurers, published in Law360, New York (September 25, 2014).
  • She has also authored numerous articles and papers on topics such as settling general liability policyholder disputes, the “Zeig Doctrine,” proving impairment of underlying policies, professional liability policies, pursing claims against insolvent insurers, and the development of insurance coverage case law in numerous jurisdictions.

Insurance Coverage Litigation

  • Served as lead counsel for global power management company in insurance coverage litigation in Ohio regarding asbestos-related product liabilities for friction products;
  • Served as lead counsel in insurance coverage litigation in Wisconsin involving toxic tort liabilities for electrical products;
  • Represented one of the largest providers of products and services to the petroleum and energy industries in litigated and non-litigated disputes involving insurance coverage for toxic tort liabilities;
  • Represented producer of automotive and building products in insurance coverage litigation involving employee premises claims;
  • Represented multi-national chemical company in litigation involving insurance coverage for environmental property damage at multiple sites throughout the country;
  • Represented multiple utilities in litigation in Maryland, Ohio, Oregon, and Pennsylvania for insurance coverage for environmental property damage arising from former manufactured gas plants;
  • Represented policyholder in insurance coverage dispute for environmental property damage involving pesticides at pineapple plantation in Hawaii;
  • Represented metals manufacturer in suit seeking first-party insurance coverage for environmental property damage at numerous sites located throughout the country; and
  • Lead an amicus curiae effort that contributed to a pro-policyholder decision by Texas Court of Appeals.

Alternative Dispute Resolution in Coverage Matters

  • Served as lead counsel in arbitration (ad hoc domestic arbitration) involving dispute for breach of coverage-in-place agreement for toxic tort liabilities arising from electrical products;
  • Served as lead mediation counsel for multi-national company seeking third-party coverage for asbestos product liabilities involving hydraulic, fuel, and pneumatic systems;
  • Negotiated comprehensive coverage-in-place agreements without filing suit against multiple insurers for coverage of aircraft products liabilities;
  • Represented wealth management company in negotiations with insurers without filing suit for coverage of toxic tort liabilities arising from the collapse of the World Trade Center on September 11, 2001;
  • Represented policyholder in aerospace and building industries in negotiations with insurers for property damage and business interruption losses arising from factory explosion; and
  • Served as lead counsel pursuing insurance coverage claims against insolvent insurers, both domestic and foreign.

Insurance Coverage Counseling

  • Counseled Montana-based utility in obtaining coverage for environmental property damage allegedly arising from coal-fired operations;
  • Counseled policyholders in connection with insurance coverage placement and renewals;
  • Provided policy wording and insurance program structural advice;
  • Counseled global power management company in valuing insurance coverage receivables; and
  • Analyzed and advised policyholders on general liability, first-party property, directors and officers (D&O), claims-made and other types of insurance policies.

Other Commercial Litigation

  • Served as lead trial counsel for real estate investment management company in commercial construction dispute in Pennsylvania (Allegheny County) Court of Common Pleas;
  • Served as lead appellate counsel in real estate and construction matters in Pennsylvania Superior Court;
  • Represented international manufacturing company in declaratory judgment and breach of contract action under an Asset Purchase Agreement in the United States District Court for the Southern District of New York; and
  • Served as lead counsel representing building owners and landlords in commercial landlord-tenant disputes in Pennsylvania forums.