Kenneth C. Newa

Kenneth C. Newa is a partner in the firm’s Detroit office and is the Co-chair of the firm’s Insurance Coverage Practice Group.  Mr. Newa focuses his practice principally upon the representation of insurance companies in a wide variety of insurance coverage disputes, including complex, high-exposure coverage litigation relating to environmental, asbestos, toxic tort, and defective construction claims.

Mr. Newa also regularly counsels clients on such diverse issues as coverage for intellectual property claims under advertising injury and personal injury coverages, “sick building” claims, including claims for indoor air exposure and mold remediation, application of business risk exclusions in a variety of contexts, and trigger of coverage and allocation of damages issues. Mr. Newa regularly prepares coverage opinions and proposed coverage position letters on behalf of insurers.

Much of Mr. Newa’s representation of insurance carriers has been on a regional basis, including the representation of insurers in cases pending in Michigan, Ohio, Indiana, Illinois, Wisconsin, Missouri, Pennsylvania, West Virginia and Kentucky.

Mr. Newa has also represented product manufacturers and construction companies in construction and product liability cases. 

Representative Client Work

• Successfully tried $1,500,000 coverage claim arising from a warehouse fire, obtaining a jury verdict of “no cause for action”
• Obtained summary judgment for insurer in Indiana regarding the recovery of “pre-tender” costs
• Lead carrier counsel in 400-site environmental property damage coverage litigation
• Defended primary and excess carriers in large-scale environmental and asbestos coverage 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
• 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

Noteworthy Cases

• Dow Chemical Environmental Property Damage Litigation
• Indiana Gas, PSI, Citizens Gas, and Southern Indiana Gas and Electric Company  Manufactured Gas Plant Environmental Property Damage Litigations
• Cinergy/Duke Power Air Emission Litigation
• Eli Lilly Environmental Property Damage Litigation
• Hi-Mill Environmental Property Damage Litigation
• Upjohn Environmental Property Damage Litigation
• Maul Investments Asbestos Litigation
• Dreaded  Environmental Property Damage Litigation
• Plastipak Employer Intentional Injury Litigation

Professional Affiliations

• Detroit Metropolitan Bar Association
• State Bar of Michigan (Environmental Law and Negligence sections)
• Association of Defense Trial Counsel
• American Bar Association (Tort and Insurance Practice Section)
• Defense Research Institute (Insurance Law Committee)

Publications and Lectures

•  “Ohio Court of Appeals Applies ‘Absolute’ Pollution Exclusion to Inhalation of Carbon Monoxide Fumes, ” article, August 2000
• “Michigan Supreme Court Affirms ARCO Allocation Decision,” article, August 2000
• “Illinois High Court: ‘Other Insurance’ Clause Does Not Entitle Insurer to Contribution,” article, August 2000
• “Sixth Circuit Adopts Trigger and Allocation Rulings Under Ohio Law, ” article, August 2000
• “Environmental Coverage Issues In Ohio, Wisconsin, and Illinois, ” seminar, May 2000
• “Coverage For Construction Defect Claims,” seminar, March 2001
• “Keeping the Lid on the Liability Case in Construction Disputes,” lecture, Michigan Concrete Association, January 1995
• “Coverage For Construction Defect Claims; Claims of Additional Insureds,” seminar, December 2006

Publications

• Minnesota Supreme Court Issues Decision On Pro Rata Allocation Of Indemnity Costs
• Texas Supreme Court Holds Mold Exclusion Applies Even Though Damage Was Caused by Covered Peril
• Indiana Court Rules No Duty for Insurer to Reimburse Pre-Tender Defense Costs