Kim is the founder and Chair of the firm’s Insurance Practice. She specializes in representing and advising insurers and reinsurers on the business and legal implications of a variety of complex coverage issues.
Her breadth of experience includes representing insurers with respect to coverage issues involving pollution, environmental, bad faith, tobacco, construction defect, product liability, directors and officers, bankruptcy, asbestos, and emerging risks. Kim represents cedants and reinsurers in disputes and litigation with respect to the applicability and/or scope of coverage under treaties or facultative certificates. Her practice also includes representing insurers in state, bankruptcy, and federal courts across the country.
As lead counsel in numerous high-exposure coverage cases, Kim has developed successful models for effective case management and has designed and implemented litigation strategies that are driven by the business needs of the client. Kim also has a broad range of experience in advising and representing companies with respect to commercial business disputes in general, and environmental matters in particular.
She frequently speaks and writes on coverage issues and has been a contributor to the American Law Institute with respect to the first Restatement of the Law, Liability Insurance.
Experience
- Served as national coordinating coverage counsel for an insurer on a broad range of general liability claims, including concussion, environmental, and sex molestation claims.
- Defended an insurer through summary judgment and on appeal against breach of contract and bad faith claims by immediately deposing the insured and proving no damages, while preventing any depositions of the insurer.
- Defended an insurer against claims that it converted subrogation claims, obtaining summary judgment from the US District Court for the District of Oregon.
News & Press
Twenty-Eight Mintz Attorneys Named To Boston Magazine’s Top Lawyers List
November 22, 2022
In its second annual edition, 28 Mintz attorneys were named to Boston Magazine’s Top Lawyers list.
35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
Benchmark Litigation Recognizes 13 Mintz Attorneys As 2023 Litigation Stars
September 29, 2022
Benchmark Litigation has recognized 13 Mintz Members as “Litigation Stars” in its newly released 2023 guide to the leading litigation firms and lawyers in the U.S.
Mass. Appeals Panel Lets Insurers Avoid $7M TCPA Coverage
January 10, 2022
Law360 reported that the Netherlands Insurance Co. and Excelsior Insurance Co. will not have to cover their client's multimillion-dollar settlement with an automobile glass manufacturer over alleged violations of the Telephone Consumer Protection Act after the Massachusetts Appeals Court reversed a lower judge's finding. The article noted that the insurers are represented by Mintz Member, Founder & Co-chair of the firm’s Insurance Practice Kim Marrkand, Member and Co-chair of the Insurance Practice Nancy Adams, and Associate Lavinia Weizel.
A Tort Without a Cause: Section 12 of the Restatement of the Law, Liability Insurance
April 19, 2021
Kim V. Marrkand, Mintz Member and Founder and Co-Chair of the firm’s Insurance Practice, authored an article published in April 2021 by the Tort, Trial & Insurance Practice Law Journal, a publication of the American Bar Association’s Tort Trial and Insurance Practice Section, that examined Section 12 of the American Law Institute’s Restatement of the Law, Liability Insurance, titled “Liability of Insurer for Conduct of Defense”, wherein Ms. Marrkand shows that Section 12 “invents wholly new rules and a cause of action without either the support of existing case law or compelling policy rationale.” Mintz Associates Mathilda McGee-Tubb and Clare Prober provided significant contributions to the article.
Kim V. Marrkand, Mintz Member and Founder and Co-chair of the firm’s Insurance Practice, authored an article published in The Brief by the American Bar Association, regarding the American Law Institute (ALI)’s Restatement of the Law, Liability Insurance. The article traces the history of the Restatement and how the ALI’s “fractured” process, which included revising the rules governing Restatements and rewriting well-settled laws of liability insurance, justifies skepticism by both the bench and bar as to its reliability.
Ruling Provides Clarity in Settlement/Assignments
October 10, 2019
Mintz Member and Chair of the firm’s Insurance Practice Kim Marrkand was quoted in an article published by Massachusetts Lawyers Weekly in response to a recent decision by the Massachusetts Supreme Judicial Court that has major implications for insurers under Massachusetts law and is likely to be followed in other jurisdictions.
Mintz Recognized by Chambers USA 2019
April 26, 2019
ALI Shouldn't 'Teach' Insurance Restatement In A Courthouse
February 11, 2019
Mintz’s Kim Marrkand authored this Law360 “Expert Analysis” column noting that the American Law Institute (ALI) plans to promote its Restatement of the Law on Liability Insurance at a federal courthouse in Texas later this month. The column notes that this is troubling because the sponsoring judges will appear favorably predisposed toward adopting the RLLI.
Why Ohio Nixed The New Liability Insurance Law Restatement
August 10, 2018
Member and Chair of the firm’s Insurance Practice Kim Marrkand authored this Law360 “Expert Analysis” piece. The column discusses Ohio’s unprecedented step of signing into law an amendment that specifically rejects the American Law Institute's Restatement of the Law, Liability Insurance. Kim also addresses the impact of Ohio’s decision and which states could follow next.
Chambers USA 2018 Ranks Mintz Attorneys & Practices
May 03, 2018
Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Kim Marrkand is quoted in a Forbes article on the American Law Institute’s internal fight over the direction of its Restatements, which are distillations of years of case law used by judges as guidance in presiding over future cases.
Kim Marrkand, Co-Chair of Mintz’s Insurance, Reinsurance, Investigations & Risk Management Practice, is included in this Forbes article on the American Law Institute’s (ALI) Restatement of the Law, Liability Insurance (RLLI).
Heeding Criticism, American Law Institute Pulls Liability Insurance Restatement Before Member Vote
May 25, 2017
Kim Marrkand, a Member in Mintz’s Boston office, is featured in a Forbes article on the American Law Institute’s mistake in revising the law where they were only meant to produce their Restatement of the law.
Eighty-Four Mintz Attorneys Named 2016 Massachusetts Super Lawyers and Rising Stars
October 18, 2016
Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers.
Best Lawyers named 73 Mintz attorneys to its 2017 list of The Best Lawyers in America. Mintz attorneys selected for inclusion in this year’s list span 44 practice areas.
Duty to Settle: Why Proposed Sections 24 and 27 Have No Place in a Restatement of the Law of Liability Insurance
September 1, 2015
Member and Co-Chair's the firm’s Insurance, Reinsurance, Investigations & Risk Management Practice Kim Marrkand authored this column.
Events & Speaking
Panelist
Speaker
Panelist
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Oct
11
2018
MIReBA Symposium - "Broadening Horizons"
The ALI Restatement: Panic or Panacea
The Harvard Club of Boston - 374 Commonwealth Avenue Boston, MA 02115
Recognition & Awards
- Chambers USA: Massachusetts – Insurance (2017 – 2022)
- Benchmark Litigation: Litigation Star, National - Insurance (2021 - 2023)
- Best Lawyers in America: Insurance Law (2007 – 2023)
- Massachusetts Super Lawyers: Insurance Coverage (2005 – 2022)
- Boston Magazine Top Lawyers – Insurance (2022)
- Boston Globe Magazine: Boston’s Best Lawyers (2008)
- Senior Fellow, Litigation Counsel of America
Involvement
- Member, Defense Research Institute (DRI)
- Member, American Bar Association Tort and Insurance Practice Section
- Member, ARIAS
- Member, American Bar Association
- Member, Massachusetts Bar Association
- Member, Women’s Bar Association
- Member, Boston Bar Association
Recent Insights
In its second annual edition, 28 Mintz attorneys were named to Boston Magazine’s Top Lawyers list.
35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
Benchmark Litigation has recognized 13 Mintz Members as “Litigation Stars” in its newly released 2023 guide to the leading litigation firms and lawyers in the U.S.
