Phone: 973-957-2561
Fax: 973-710-1054
E-Mail: kathleen.devlin@klrw.law

Kathleen J. Devlin

Kathleen J. Devlin is a shareholder of the Firm.

Kathleen provides advice to insurers and litigates coverage issues relating to various types of insurance policies, including comprehensive general liability, directors and officers, errors and omissions, employment practices liability, professional liability, commercial property and casualty, and public entity and public officials.  In the management of coverage cases, Kathleen represents the interests of insurers in a variety of areas, including environmental contamination, asbestos exposure, toxic tort, construction defect, commercial matters, public entity, public officials and professional liability.  She successfully addresses coverage issues and disputes through coverage opinions, arbitration, mediation, and declaratory judgment actions.  Recently, Kathleen was part of a trial team that obtained a favorable result for an insurer in a case of first impression in Connecticut.  The court affirmed the exhaustion of insurance policies under a cost share agreement that was entered into between two carriers prior to the Connecticut Supreme Court’s decision adopting pro rata allocation for long-tail claims.

In addition to insurance coverage, Kathleen has considerable experience handling appellate cases.  Further, Ms. Devlin has litigated complex civil matters, including toxic tort and mass tort litigation, such as the Mahwah Toxic Dump Mass Tort Litigation, asbestos, arsenic, lead and benzene exposure cases.  She also handles First Amendment and library law matters.

On graduation from law school, Kathleen accepted a judicial clerkship with the Honorable Robert T. Quackenboss and the Honorable Joseph C. Messina for the 1993-1994 Court Term in the Superior Court of New Jersey.  She was then an Associate in the Litigation and Environmental Coverage Departments of Purcell, Ries, Shannon, Mulcahy and O’Neill until 2000.  Thereafter, she was Counsel at Scarinci Hollenbeck in its Litigation Department and Insurance Group until 2011.  She was Of Counsel at Coughlin Duffy until she joined KLRW at its inception in 2016.  In 2013, the New Jersey Supreme Court appointed Kathleen to serve on the District XA Ethics Committee for the 2013-2017 Term.

Published State Court Cases

  • Headen v. Jersey City Bd. of Educ., 420 N.J. Super. 105 (App. Div.), aff’d, 212 N.J. 437 (2012)
  • Sears v. Harford, 340 N.J. Super. 223 (App. Div. 2001)
  • Liebling v. Garden State, 337 N.J. Super. 447 (App. Div.), certif. denied, 169 N.J. 606 (2001)
  • Hillsborough Twp. Bd. of Educ. v. Faridy Thorne, 321 N.J. Super. 275 (App. Div. 1999)
  • Boyson, Inc. v. Archer & Greiner, 308 N.J. Super. 287 (App. Div. 1998)
  • Bloom v. Seton Hall, 307 N.J. Super. 487, certif. denied, 153 N.J. 405 (1998)
  • Pettinato v. Cigna Property & Cas., 303 N.J. Super. 576 (Law Div. 1997)
  • Whitaker v. DeVilla, 287 N.J. Super. 370 (App. Div. 1996)

Results

  • Obtained summary judgment on behalf of insurer on basis that policyholder made a knowingly false denial of his awareness of a possible claim on his application for insurance; insurer could rescind the policy.
  • Obtained summary judgment on behalf of an insurance carrier on appeal on basis that allocation of defense costs between covered and non-covered claims was required.
  • Obtained a favorable result for an insurer in a case of first impression in Connecticut; the court affirmed the exhaustion of insurance policies under a cost share agreement that was entered into between two carriers prior to the Connecticut Supreme Court’s decision adopting pro rata allocation for long-tail claims.
  • Experience in toxic tort and mass tort litigation including the Mahwah Toxic Dump Mass Tort Litigation, asbestos, arsenic, lead and benzene exposure cases. Experience with First Amendment and library law matters.

Speaking Engagements

  • Presenter/Speaker, New Jersey State Bar Association, Annual Convention, Atlantic City, New Jersey, May 18, 2016, “Hot Topics in Global Warming.”
  • Presenter/Speaker, New Jersey State Bar Association Mid-Year Convention, New Orleans, Louisiana, November 6, 2015, “Old Black Water, Keep on Rollin: Environmental Policy in the Wake of Super Storms and Other Catastrophes.”

Services

  • Insurance and Reinsurance
  • Appellate
  • Civil Litigation

Education

  • Seton Hall University School of Law (J.D., 1993)
  • Fairfield University (B.A., magna cum laude, 1990)

Professional Admissions

  • State of New Jersey (1993)
  • State of New York (2002)
  • United States District Court for the District of New Jersey (1993)
  • District of Columbia Court of Appeals (2001)
  • United States Court of Appeals for the Second Circuit (2016)
  • United Court of Appeals for the Third Circuit (2002)
  • United States Court of Appeals for the Fourth Circuit (2005)
  • United States Court of Appeals for the District of Columbia Circuit (2007)
  • United States Supreme Court (2010)

Memberships

  • Appointed to District XA Ethics Committee (2013-2017)
  • Member, New Jersey State Bar Association
  • Appointed to the Insurance Benefits Committee of the New Jersey State Bar Association (2016-2019)
  • Member and Continuing Legal Education Chair, Insurance Law Section of New Jersey State Bar Association
  • Member, Women in the Profession Section of New Jersey State Bar Association
  • Member, American Bar Association
  • Member, New Jersey Women Lawyers Association
  • Member, Claims and Litigation Management Alliance

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