Kieran W. Leary advises and represents insurers in coverage litigation through trial and appeal.
(214) 665-0119Kieran is a Partner at Tollefson Bradley and has established himself as a preeminent attorney in first party property litigation. Mr. Leary focuses his practice on complex and high-exposure claims under homeowners, commercial property, builders’ risk and commercial inland marine policies. Kieran has prevailed at trial and in several insurance coverage appeals of first impression before the Connecticut Supreme Court, United States Court of Appeal for the Second Circuit, and United States Court of Appeal for the Fifth Circuit.
Mr. Leary has obtained numerous important trial court and appellate decisions in COVID-19 business interruption, hail, hurricane, burst pipe, special investigation unit (SIU), appraisal, fraud, and freeze damage claims and lawsuits. Carriers have frequently chosen Mr. Leary to represent them in their most challenging post-appraisal and first party property coverage matters, including routinely transferring such matters to him from their prior counsel.
Kieran served as lead trial and co-appellate counsel in the seminal Connecticut Supreme Court case, Karas v. Liberty Ins. Corp., 335 Conn. 62, 228 A.3d 1012 (2019), which resolved the crumbling foundation “collapse” litigation decisively in favor of carriers—an upset victory that saved the insurance industry over $2 billion. He additionally successfully served as lead trial and appellate counsel in Dino v. Safeco Ins. Co. of Am., which was identified by Law360 in its top daily story as one of “4 Insurance Battles to Watch at State High Courts” in Fall 2019. Dino concerned the appropriate trigger of coverage for a supposed progressive first-party property loss.
Mr. Leary is a frequent speaker to carriers and trade groups on insurance-related issues, including the latest developments and trends in appraisal and first-party claims in Texas. Additionally, his cases and analysis have frequently been featured in Law360 and Claims Journal’s top daily stories.
Kieran graduated cum laude from the University of Maryland, College Park, where he finished in the top 10% of his graduating class, was a Dean’s Honor Scholar, and a Graduation Speaker Finalist. He attended the University of Miami School of Law before graduating from the Florida International College of Law, where he finished in the top 10% of his graduating class.
Mr. Leary credits his upbringing and proven dedication to his community as key components to his unique coverage perspective that has led to his success in practice. He was raised between the East Mt. Airy/Germantown section of Uptown Philadelphia, Pennsylvania and Spring, Texas. He dedicated his summers in college to educational and literacy outreach efforts in Philadelphia’s most impoverished and crime-afflicted neighborhoods on behalf of the Philadelphia Phillies baseball club. In further service to his community, Kieran began his career as a public defender in Tampa, Florida before his transition to private practice.
Connecticut Litigation Department of the Year, 2019 (AmLaw and The Connecticut Law Tribune)
AmLaw and The Connecticut Law Tribune recognized Kieran’s coverage team as the Insurance Coverage Litigation Department of the Year for the numerous favorable rulings of first impression obtained by Kieran in first-party property coverage litigation.
Florida International College of Law, J.D., 2010 (Top 10% of Graduation Class)
University of Maryland, College Park, B.A., cum laude, 2006
Karas v. Liberty Ins. Corp., 335 Conn. 62, 228 A.3d 228 (2019)(Substantial impairment of structural integrity standard applies to “collapse” provisions of homeowners’ policy and requires a showing that the building is in imminent danger of falling down or caving in; and coverage exclusion for loss to foundation includes basement walls).
Laur v. Safeco Ins. Co. of Ind., 2024 WL 2991196 (5th Cir. 2024) (Freeze claim barred by Policy exclusions for flood, water below the surface of the ground, and surface water).
Obtained favorable settlement in $5m+ builders’ risk claim subsequent to dispositive motion briefing where hail damage and vandalism during the Policy were confirmed.
Obtained summary judgment in “explosion” insurance coverage lawsuit in Taylor County, Texas.
Obtained a defense verdict from a Bridgeport, Connecticut jury following five-day jury trial in a matter concerning a multimillion-dollar commercial property loss.
Earned declaratory judgment and dismissal of counterclaim in Western District of Oklahoma for a COVID-19 business interruption claim where policy at issue did not contain a virus exclusion.
Obtained favorable settlement in a $2m+ fire loss claim to a horizontal directional drill in Midland, Texas subsequent to dispositive motion briefing.
Obtained summary judgment on a post-appraisal freeze claim in Tarrant County, Texas.
Obtained summary judgment on a hail claim in Collin County, Texas.
Obtained summary judgment based upon suit limitations in Collin County, Texas via application of “mailbox rule” in matter where there was no proof of receipt of the carrier’s coverage determination.
Received judgment of dismissal in Hurricane Harvey lawsuit in Southern District of Texas.
Obtained favorable settlement in Dallas federal court in $1m+ lawsuit concerning whether a “tarp” constituted a roof under the terms of a homeowners policy.
Obtained favorable settlement in SIU claim in Harris County, Texas subsequent to dispositive motion briefing wherein insured claimed large-scale theft of beauty salon during armed burglary.
Obtained summary judgment on a hail claim in Dallas County, Texas.
Received judgment in favor of defense guaranty fund in confirmed sinkhole lawsuit in Florida in a matter of first impression concerning the interplay of Florida’s sinkhole and guaranty statutes.
Roberts v. Liberty Mut. Fire Ins. Co., 264 F.Supp.3d 394 (D. Conn. 2017) (Judgment on bad faith and unfair insurance practices in a “collapse” lawsuit in a matter of first impression that established the good-faith nature of coverage denial in bona fide coverage dispute).
Vera v. Liberty Mut. Fire. Ins. Co., 335. Conn. 110, 228 A.3d 1009 (2019) (Substantial impairment of structural integrity standard applies to “collapse” provisions of homeowners’ policy and requires a showing that the building is in imminent danger of falling down or caving in; and coverage exclusion for loss to foundation includes basement walls).
Lester v. Liberty Mut. Fire Ins. Co., 325 F. Supp. 3d 243 (D. Conn. 2018) (Judgement in favor of insurer in a crumbling foundation lawsuit in matter of first impression concerning proper interpretation of “collapse” provision in policy).
Alexander v. General Ins. Co. of Am., 2017 WL 188134 (D. Conn. 2017) (Judgement in favor of insurer in a crumbling foundation lawsuit in matter of first impression concerning proper interpretation of abrupt “collapse” provision in policy).
Kowalyshyn v. Excelsior Ins. Co., 2018 WL 888724 (D. Conn. 2018) (Judgement in favor of insurer in a matter of first impression that established the applicability of a manifestation trigger to first-party property loss claims).
Soderburg v. Unitrin Preferred Ins. Co., 2018 WL 3862330 (Conn. Super. 2018) (Judgement in favor of insurer in a matter of first impression that addressed interplay of appropriate coverage trigger for first-party property losses in relation to the policy’s suit limitation provision).