Kenneth C. Newa

Representative Client Work

• Representing national insurer in coverage litigation regarding coal combustion residuals (CCRs) at coal-fired power plants in several states
• Obtained summary judgment on choice of law and the pollution exclusion for a contaminated site in Indiana
• Representing national insurer in coverage lawsuit over COVID-19 losses
• Represented national carrier in Chinese drywall claims
• Successfully tried $1,500,000 coverage claim arising from a warehouse fire, obtaining a jury verdict of “no cause for action” (Flint Distributing v Citizens Insurance)
• Obtained summary judgment for insurer in Indiana regarding the recovery of “pre-tender” costs in seminal Indiana Supreme Court case (Dreaded v Travelers)
• Lead carrier counsel in 400-site environmental property damage coverage litigation (Aetna v Dow Chemical)
• Defended primary and excess carriers in large-scale environmental and asbestos coverage litigation (3M mask litigation, Duke Energy, Ericsson, Citizens Gas, Southern Indiana Gas, Public Service of Indiana, Indiana Gas, Aeroquip-Vickers, Pilkington and Mallinckrodt litigation)
• Filed declaratory judgment action and obtained summary judgment ruling that policyholder must participate in defense and indemnification costs on a pro rata basis, and must reimburse the insurer for defense costs advanced on its behalf (Indiana Insurance v Maul Investments)
• Obtained summary judgment on behalf of excess and umbrella insurer of employer in $1,100,000 claim involving catastrophic injuries to employee in the workplace (Plastipak v US Fire)

Noteworthy Cases

• 3M mask coverage litigation
• Duke Energy manufactured gas plant litigation
• Magnetek/Monsanto PCB litigation
• Tecumseh Products property damage litigation
• Geocel property damage and bad faith litigation
• Flexsteel property damage and bad faith litigation
• City of Michigan City property damage litigation
• Ericsson property damage and bad faith litigation
• Mallinckrodt property damage litigation
• Pilkington property damage litigation
• Aeroquip-Vickers asbestos litigation
• Dow Chemical property damage and bad faith litigation
• Indiana Gas, PSI, Citizens Gas, and Southern Indiana Gas and Electric Company manufactured gas plant environmental property damage litigation
• Cinergy/Duke Power air emission litigation
• Eli Lilly property damage litigation
• Hi-Mill property damage litigation
• Upjohn property damage litigation
• Maul Investments lead paint chip litigation
• Dreaded property damage litigation
• Plastipak employer intentional injury litigation

Professional Affiliations

• State Bar of Michigan
• State Bar of Ohio
• State Bar of Indiana
• State Bar of Wisconsin
• American College of Coverage Counsel, Fellow
• DRI (Insurance Law Committee, Bad Faith and CGL subcommittees)
• ALFA International (Insurance Practice Group Steering Committee)
• American Bar Association (Tort and Insurance Practice Section)
• Claims and Litigation Management Alliance

Community Involvement

• City of Grosse Pointe Foundation
• Little Traverse Conservancy, Member

Publications and Lectures

• “When Is It An Occurrence? Trends In Construction Defect Case Law,” Panelist, ALFA International 2017 Insurance Law Roundtable, New York, NY, June 14-16, 2017
• “Current Developments in Bad Faith and Punitive Damages,” ALFA EPLI Seminar, Author and Panelist, New York, NY, June 7, 2016
• “Out with the Old – In with the New: Coverage for Corporate Successors,” American Bar Association’s Midyear Program, titled: “Finding Balance in the Shifting Sands of Insurance Coverage,” Presenter, Phoenix, Arizona, Feb. 26, 2011
• "Out of Thin Air: An Examination of Vapor Intrusion and the Availability of Insurance Coverage for Vapor Intrusion Claims and Lawsuits," New Appleman on Insurance, Current Critical Issues in Insurance law, Author, Fall 2009
• “Ohio Court of Appeals Applies ‘Absolute’ Pollution Exclusion to Inhalation of Carbon Monoxide Fumes,” Author, August 2000
• “Michigan Supreme Court Affirms ARCO Allocation Decision,” Author, August 2000
• “Illinois High Court: ‘Other Insurance’ Clause Does Not Entitle Insurer to Contribution,” Author, August 2000
• “Sixth Circuit Adopts Trigger and Allocation Rulings Under Ohio Law, ” Author, August 2000
• “Environmental Coverage Issues In Ohio, Wisconsin, and Illinois” seminar, Presenter, May 2000
• “Coverage For Construction Defect Claims” seminar, Presenter, March 2001
• “Keeping the Lid on the Liability Case in Construction Disputes,” Presenter, Michigan Concrete Association, January 1995
• “Coverage For Construction Defect Claims; Claims of Additional Insureds” seminar, Presenter, December 2006