Speaker 05.01.25
05.01
Insurance Coverage and Allocation Issues Conference
8:15AM - 6:15PM EDT
Union League of Philadelphia
140 S Broad Street
Philadelphia, PA 19102
Gerald “Jay” Konkel represents corporate policyholders in pursuing insurance assets for product liability, toxic tort claims, environmental damages, E&O, business interruption losses, and other liabilities.
Jay preserves and recovers insurance assets for companies in the food, manufacturing, medical device, retail, and energy, and other industries. He has a well-established record of successfully litigating, arbitrating and settling disputes throughout the United States, as well as in London and Bermuda. Jay also advises clients on insurance asset valuation and transactions of companies with legacy liabilities and rights to historical insurance assets.
Representative Experience
- Represented number of pharmacy/grocery companies with pharmacies seeking recoveries for defense and settlement costs from thousands of lawsuits brought by governmental entities, hospitals, third-party payors of medical care, and individuals seeking damages for treating addicted individuals allegedly caused by the pharmacies alleged lack of adequate controls in distributing and dispensing opioids.
- Served as trial team leader for an historical conglomerate in four highly successful bench trials seeking declaratory relief on a number of cutting-edge issues involving trigger of coverage, all sums v. pro rata allocation, vertical v. horizontal exhaustion, the impact of an allowed claim in insurer liquidation proceedings on accessing excess coverage, the duty to cooperate, insurer claims of set off and contribution, and the application of prior insurance and non-cumulation of liability conditions to a insureds’ thousands of underlying product liability related losses.
- Served as lead trial attorney for an electric utility seeking insurance coverage for thousands of asbestos-related bodily injury suits that alleged injury during construction of the utility’s power plants. The trial court rulings provided the client access to tens of millions of dollars of coverage (and were preserved through two levels of appellate review).
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- Represented medical-device manufacturer in successfully negotiating nine-figures in recoveries from a tower of Bermuda-form coverage for defense and settlement costs for thousands of underlying lawsuits seeking damages for revision surgeries arising out of allegedly defective prone-to-loosen medical devices.
- Represented a clinical research organization in successfully negotiating the funding by E&O insurance of a settlement of a claim alleging errors in testing regiment.
- Represented a company in successfully recovering for property losses arising out of the interruption of electricity arising out of a winter weather event.
- Represented Section 8 housing tenants who alleged that a landlord’s refusal to accept the federal government’s enhanced vouchers violated several federal and District of Columbia statutes. Also represented these tenants in a separate action brought by the landlord’s insurer against both the landlord and the tenants.
Professional Highlights
- Ranked by Chambers USA in Insurance: Policyholder, District of Columbia (2020 – 2024)
- Recommended by The Legal 500 U.S., Insurance: Advice to Policyholders (2016, 2018 – 2024)
- Recognized by Best Lawyers (published by BL Rankings LLC), Insurance Law, Washington, DC (2025)
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- Member, Litigation Department of the Year, Specialty Insurance, National Law Journal (2021)
- Member, Practice Group of the Year, Insurance, Law360 (2020)
Education
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J.D., Saint Louis University School of Law, 1996
B.A., Saint Louis University, 1993
Admissions
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District of Columbia
Maryland
Missouri
Clerkships
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Clerkship to Judge Kent Karohl, Missouri Court of Appeals for the Eastern District of Missouri (1996 - 1997)