Kieran W. Leary advises and represents insurers in coverage litigation through trial and appeal
(214) 665-0119Kieran advises and represents insurers in coverage litigation through trial and appeal, with a particular concentration in complex and high-exposure claims under homeowners, commercial property, builders’ risk and commercial inland marine policies. In addition to his trial successes, Kieran has appeared in appeals before the Connecticut Supreme Court and the United States Courts of Appeal for the Second and Fifth Circuits.
Kieran served as trial and appellate counsel in the seminal Connecticut Supreme Court case, Karas v. Liberty Ins. Corp., 335 Conn. 62, 228 A.3d 1012 (2019), which resolved the crumbling foundation “collapse” litigation decisively in favor of carriers—an upset victory that saved the insurance industry over $2 billion. He additionally successfully served as trial and appellate counsel in Dino v. Safeco Ins. Co. of Am., which was identified by Law360 in its top daily story as one of “4 Insurance Battles to Watch at State High Courts” in Fall 2019. Dino concerned the appropriate trigger of coverage for a supposed progressive first-party property loss.
Kieran relocated home to Texas in 2018. Since his arrival, he has obtained numerous important decisions in COVID-19 business interruption, hail, hurricane, burst pipe and freeze damage claims and lawsuits.
Kieran credits his upbringing and proven dedication to his community as key components to his unique coverage perspective that has led to his success in practice. He was raised between the East Mt. Airy/Germantown section of Uptown Philadelphia, Pennsylvania and Spring, Texas. He dedicated his summers in college to educational and literacy outreach efforts in Philadelphia’s most impoverished and crime-afflicted neighborhoods on behalf of the Philadelphia Phillies. In further service to his community, Kieran began his career as a public defender in Tampa, Florida before his transition to private practice.
Connecticut Litigation Department of the Year, 2019 (AmLaw and The Connecticut Law Tribune)
AmLaw and The Connecticut Law Tribune recognized Kieran’s coverage team as the Insurance Coverage Litigation Department of the Year for the numerous favorable rulings of first impression obtained by Kieran in first-party property coverage litigation.
Kieran is a frequent speaker to carriers and trade groups on insurance-related issues, including the latest developments in appraisal and first-party claims in Texas. Additionally, his cases and analysis have frequently been featured in Law360 and Claims Journal’s top daily stories.
Florida International College of Law, J.D., 2010 (Top 10% of Graduation Class)
University of Maryland, College Park, B.A., cum laude, 2006
Karas v. Liberty Ins. Corp., 335. Conn. 62, 228 A.3d 228 (2019)(Substantial impairment of structural integrity standard applies to “collapse” provisions of homeowners’ policy and requires a showing that the building is in imminent danger of falling down or caving in; and coverage exclusion for loss to foundation includes basement walls).
Obtained summary judgment in busted pipe lawsuit in 42nd District Court in Taylor County, Texas.
Received judgment of dismissal in Hurricane Harvey lawsuit in Southern District of Texas.
Obtained a defense verdict from a Bridgeport, CT jury following five-day jury trial in a matter concerning a multimillion-dollar commercial property loss.
Earned declaratory judgment and dismissal of counterclaim in Western District of Oklahoma for a COVID-19 business interruption claim where policy at issue did not contain a virus exclusion.
Received judgment in favor of defense guaranty fund in confirmed sinkhole lawsuit in Florida in a matter of first impression concerning the interplay of Florida’s sinkhole and guaranty statutes.
Roberts v. Liberty Mut. Fire Ins. Co. 264 F.Supp.3d 394 (D.Conn. 2017) (Judgment on bad faith and unfair insurance practices in a “collapse” lawsuit in a matter of first impression that established the good-faith nature of coverage denial in bona fide coverage dispute).
Vera v. Liberty Mut. Fire. Ins. Co. 335. Conn. 110, 228 A.3d 1009 (2019) (Substantial impairment of structural integrity standard applies to “collapse” provisions of homeowners’ policy and requires a showing that the building is in imminent danger of falling down or caving in; and coverage exclusion for loss to foundation includes basement walls).
Lester v. Liberty Mut. Fire Ins. Co., 325 F.Supp. 3d 243 (D.Conn. 2018) (Judgement in favor of insurer in a crumbling foundation lawsuit in matter of first impression concerning proper interpretation of “collapse” provision in policy).
Alexander v. General Ins. Co. of Am., 2017 WL 188134 (D.Conn. 2017) (Judgement in favor of insurer in a crumbling foundation lawsuit in matter of first impression concerning proper interpretation of abrupt “collapse” provision in policy).
Kowalyshyn v. Excelsior Ins. Co., 2018 WL 888724 (D.Conn. 2018) (Judgement in favor of insurer in a matter of first impression that established the applicability of a manifestation trigger to first-party property loss claims).
Soderburg v. Unitrin Preferred Ins. Co., 2018 WL 3862330 (Conn. Super. 2018) (Judgement in favor of insurer in a matter of first impression that addressed interplay of appropriate coverage trigger for first-party property losses in relation to the policy’s suit limitation provision).