Kathryn A.Dux

Of Counsel T 215-875-4026Download vCard
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Practice Areas:
  • Commercial Litigation,
  • Insurance Law & Coverage,
  • Professional Liability,

    • Kathy’s practice has been focused on the representation of insurers in insurance coverage disputes and also includes the representation of professionals in professional malpractice actions,  commercial litigation and appellate work.

    Kathy has been involved in various aspects of insurance coverage from opinion letters and reservation of rights letters to litigation between insureds and insurers or among insurers in many jurisdictions throughout the United States. Kathy has handled disputes between insureds and insurers over coverage for environmental contamination, patent infringement, advertising liability, TCPA violations, sexual abuse, sexual harassment, assault and battery, employment claims, discrimination and civil rights violations, and involving claims for bad faith, violations of the Unfair Insurance Practices Act and Unfair Trade Practices and Consumer Protection Law. 

    Kathy, along with other members of the firm, acted as national coordinating counsel for an insurer on environmental, asbestos and toxic exposure insurance coverage disputes.

    She has represented property insurers with respect to a variety of issues including claims under money and securities coverage and employee dishonesty coverage.  She has represented life insurers with respect to claims for accidental death benefits, claims relating to variable life insurance policies, competing claims for death benefits requiring interpleader of benefits, claims for disability benefits, claims for fraud in the application and rescission. She has also represented life insurers and/or the companies to which the life insurers assigned annuities in actions for the transfer of structured settlement payment rights.

    Kathy also has experience in the area of defense of professional liability claims having represented insurance agents and brokers, real estate agents and brokers, structured settlement brokers, architects and engineers and nurse midwives.  She has been involved in commercial litigation and arbitration disputes, including American Arbitration Association proceedings.   Her practice  also includes post-trial and appellate work.

    Education

    Marywood College, B.A.

    Temple University School of Law, J.D.

    Court Admissions

    Pennsylvania
    U.S. District Court for the Eastern District of Pennsylvania
    U.S. District Court for the Middle District of Pennsylvania
    U.S. Supreme Court

    Professional Affiliations

    • Philadelphia Bar Association

    Honors & Awards

    • AV Peer Review Rating by Lexis Nexis Martindale-Hubbell

    Pennsylvania Superior Court

    Pennsylvania Superior Court affirms trial court grant of summary judgment declaring that owner of condominium was not an insured and was not an intended third party beneficiary of insurance policy issued to homeowners’ association and therefore not entitled to sue association’s insurance company over property loss.

    Third Circuit Court of Appeals

    Third Circuit Court of Appeals agrees that there was no coverage for an action alleging breach of a contract for the delivery of goods, finding that there was no “occurrence”.

    Third Circuit Court of Appeals

    Third Circuit Court of Appeals agrees with trial court decision finding no duty to defend and indemnify parents for intentional and criminal acts of their son, based on intentional acts exclusion.

    Third Circuit Court of Appeals

    Third Circuit Court of Appeals agrees that insured's increasing his liability coverage did not obligate the insurer to obtain a written confirmation that the insured wished to continue receiving UM/UIM coverage in a reduced amount.

    United States District Court for the Eastern District of PA

    United States District Court for the Eastern District of PA,  Smith, J, finds no UIM coverage for claim involving serious injury of resident relative while operating motorcycle not listed on policy

    United States District Court for the Eastern District of PA

    United States District Court for the Eastern District of PA, Robreno, J., grants summary judgment in favor of insurer on bad faith claim in connection with handling of underinsured motorist claim

    United States District Court for the Eastern District of PA

    United States District Court for the Eastern District of PA, Surrick, J., grants summary judgment in favor of insurer based on late notice and voluntary payments and against plaintiff on bad faith claim

    Court of Common Pleas

    Court of Common Pleas, Philadelphia, Commerce Court, grants summary judgment in favor of defendant in action claiming defamation and tortious interference with contract

    Co-Author of article titled “The Expanding Web of Employment and Insurance Litigation: Insurance Coverage for Employment Related Claims Under CGL and EPLI Policies” appearing in Declarations, Excess Surplus Lines Claims Association, Winter 1999-2000.

    Contributor for Pennsylvania updates to the Fifty-State Insurance Law Compendium for the Insurance Law Practice Group of ALFA International 

    Authored written materials for ALFA International seminars on topics including advertising injury coverage and intellectual property claims and indemnity and additional insured coverage in products liability claims.