Kelly H. Tsai is a senior counsel in the New York office of Crowell & Moring and a member of the firm's Insurance/Reinsurance Group. She concentrates her practice in matters relating to insurance and reinsurance dispute resolution, and has also worked with clients in conducting internal investigations and preparing a comprehensive defense and strategy in response to investigations or proceedings brought by government regulators. Kelly represents insurers and reinsurers in coverage disputes involving general liability, product liability, environmental, property, all risks, and professional liability matters with respect to underlying claims involving a variety of losses, including COVID-19, sexual abuse, loss of revenue/business income, asbestos (products and non-products), environmental damage, and toxic torts. She has handled litigations and arbitrations in both domestic and international proceedings, including before state and federal courts, administrative agencies, and a Bermuda arbitration.
Kelly graduated from the University of North Carolina at Chapel Hill with honors in 1996 (B.A. in economics and political science), where she was a member of Phi Beta Kappa. In 1999, she received her J.D., cum laude, from Cornell Law School, where she was a John M. Olin Foundation Student Scholar in Law and Economics.
Representative Matters
- Counseled clients on COVID-19 related coverage and litigation issues under property, all risks, and general liability policies.
- Represented risk retention group in arbitration concerning sexual molestation claims.
- Represented client in obtaining a multi-million dollar contractual indemnification award, plus interest and significant costs and expenses, on behalf of an affiliate of a global insurer and against a third-party claims administrator owned by a Fortune 500 company.
- Represented insurance company in international arbitration governed by the Bermuda Arbitration Act of 1986, as amended, where claimant sought coverage under a professional liability insurance company for costs purportedly incurred in connection with governmental investigations and related private lawsuits;
- Defended an insurance group against a Fortune 100 company's claim in New York state court for insurance coverage for the company's alleged asbestos liabilities;
- Defended an insurance company in coverage litigation in New York state court relating to concussion-related lawsuits filed by former football players;
- Defended a French investment and holding company against allegations of fraud arising out of the purchase of a rehabilitated California insurance company;
- Represented insurance companies in trial and appellate courts relating to market conduct class actions alleging fraud, breach of contract, and violations of consumer protection statutes in the sale of insurance policies;
- Represented insurance companies in internal investigations and responding to subpoenas and government inquiries regarding contingent commissions, bid rigging, and other matters.
- Represented utilities company and its directors in class action lawsuit alleging breach of fiduciary duty in connection with merger transaction; and
- Represented putative class challenging federal government's conduct of home raids.
Awards and Recognitions
- 2008-2010 MFY Legal Services Pro Bono Honoree
- 2013-2014 Super Lawyers Rising Star - Business Litigation
Affiliations
Admitted to practice: New York, U.S. Court of Appeals, 9th Circuit U.S. District Court, Southern and Eastern Districts of New York
Publications
Client Alerts & Newsletters
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"Second Circuit: "Follow The Settlements" Does Not Bind a Reinsurer to Settlements Inconsistent With The Unambiguous Terms of the Reinsured Policy,"
Insurance/Reinsurance Alert
(April 30, 2020).
Contacts: Harry P. Cohen, Michael K. Robles, Kelly H. Tsai, Brian J. O'Sullivan
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"Pennsylvania Supreme Court Affirms Governor’s Power to Issue COVID-19 Executive Order,"
Insurance/Reinsurance Alert
(April 20, 2020).
Contacts: Laura Foggan, Michael K. Robles, Kelly H. Tsai
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"New York District Court Finds Follow-the-Fortunes and Follow-the-Settlements Are Not Implied in Facultative Certificates,"
Insurance/Reinsurance Alert
(April 5, 2019).
Contacts: Harry P. Cohen, Michael K. Robles, Kelly H. Tsai, Brian J. O'Sullivan
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"U.S. Supreme Court Holds That Federal Courts May Not Address Threshold Arbitrability Issue Where the Parties’ Agreement Delegates That Question to the Arbitrators,"
Insurance/Reinsurance Alert
(January 11, 2019).
Contacts: Harry P. Cohen, Michael K. Robles, Brian J. O'Sullivan, Kelly H. Tsai
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"Circuit Court Holds Insurer Owes No Duty to Defend or Indemnify Medical Office for Sexual Misconduct Claims,"
Insurance/Reinsurance Alert
(January 4, 2019).
Contacts: Harry P. Cohen, Laura Foggan, Mark D. Plevin, Michael K. Robles, Kelly H. Tsai
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"Confirmation of Arbitration Awards: Second Circuit Rules That Arbitration Panels Have the Authority To Clarify an Otherwise Final Award,"
Insurance/Reinsurance Alert
(December 20, 2018).
Contacts: Harry P. Cohen, Michael K. Robles, Brian J. O'Sullivan, Kelly H. Tsai
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"Vacatur Based On Evident Partiality: Second Circuit Holds That Different Standards Apply To Party-Appointed Arbitrators and Umpires,"
Insurance/Reinsurance Alert
(July 19, 2018).
Contacts: Brian J. O'Sullivan, Harry P. Cohen, Michael K. Robles, Kelly H. Tsai, Laura Foggan
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"New York Court of Appeals Issues Decision on Bellefonte Issue,"
(December 14, 2017).
Contacts: Harry P. Cohen, Michael K. Robles, Brian J. O'Sullivan, Kelly H. Tsai
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