By Xenia Kobylarz
Linda Kornfeld Kasowitz Benson
years. Unfortunately, with disasters comes substantial Torres & Friedman partner
financial loss. And, given the interconnected nature of
Linda Kornfeld has a lot in common with today’s law
our global economy, regardless of where the disaster
school graduates. She graduated from George Washing-
takes place, businesses around the world can lose busi-
ton University School of Law at the height of an eco-
ness and profits. I have been quite busy in the last two
nomic recession, in the early 1990s. Her first position as
years helping companies recover those losses. With
a securities litigator fell through a day after she took the
each disaster comes a new coverage issue that often
bar exam when the firm called to say the economy was
leads to insurer efforts to modify policy language to nar-
forcing it to pay incoming associates to find other work.
row the available insurance protection for the next
“I called the other firm where I clerked during my sec-
disaster. As a result, I have been busy helping my cli-
ond law school summer to get advice regarding what to
ents during the policy procurement process to modify
do, and one of the two head coverage partners, Kirk
policy language to increase the chances that insurance
Pasich, who was in search of a first-year coverage law-
will pay in the future.
yer, hired me on the spot,” says Kornfeld, who is based
LD: What are the keys to your success in this field?
in Los Angeles. “Twenty-two years later, and I’m still
LK: Creative and analytical thinking. On a regular basis
loving that field of practice.”
as an insurance recovery litigator I address fact pat-
In that 22-year period, Kornfeld not only learned to
terns and policy language that I have not previously
love the insurance coverage litigation practice but
considered. This means that in order to convince the
also made a name for herself by amassing large recov-
insurer or insurers to perform under their policies, I
eries in the hundreds of millions of dollars for individ-
must apply one of my strongest skills, creative thinking,
ual, institutional and corporate insurance policyhold-
to come up with unique policy interpretation approach-
ers, including utilities, movie studios, nonprofits, tele-
es that lead to successful recoveries for my clients. My
coms and real estate developers. She is currently
ability to create unique and successful coverage argu-
helping Penn State University obtain insurance liabili-
ments has been the key to my success.
ty coverage for all expenses relating to the Jerry
LD: What’s the most important advice or lesson you’ve
Sandusky sexual abuse claims. In addition, she is rep-
ever gotten than contributed to your success?
resenting businesses that suffered multimillion-dollar
LK: Three things. First, to most effectively advance your
losses after Hurricane Sandy with their insurance cov-
client’s interests it is important to have life balance—
erage disputes.
find something outside the law that provides a true
LAWDRAGON: What makes insurance coverage unique?
escape from the law. I have done that successfully over
LINDA KORNFELD: Unlike most forms of corporate litiga-
the years with horses.
tion, insurance recovery litigation helps corporate legal
departments become profit centers as we help them
case in the conference room. As lawyers we can spend
maximize their insurance assets. Also, as world events
a lifetime questioning from all sides the merits of an
happen, such as Superstorm Sandy, major bank failures,
approach. So many lawyers can get so caught up in the
sex abuse scandals, and the like, insurance coverage
“what ifs” that they lose the ability to do what’s neces-
issues follow. ... No two coverage cases are the same.
sary to get to the right result. Jerry’s advice has taught
As a result, I regularly get to create new arguments to
me to not overthink issues when my gut knows the right
support coverage under policy language that has not
approach.
previously been judicially interpreted. I love that, as an
Third, it is clearly true that one attracts more bees
insurance recovery lawyer, I have so much opportunity
with honey than with vinegar. I was told early in my
to think creatively, create new law and help my clients
career that relationships are the key to accomplishing
recover millions in insurance assets.
important goals. When representing my clients, I strive
LD: With natural and man-made disasters dominating
to establish strong working relationships with all rele-
the headlines these days, would you say these are high
vant parties. Throughout my career that approach has,
times for professionals like you?
without a doubt, benefitted my clients’ interests and
LK: The Japan earthquake, the Thai floods, Hurricanes
made the practice of law significantly more enjoyable.
Irene and Lee, Superstorm Sandy, tornadoes and other
See the full Q&A at http://www.lawdragon.com/lawyer-
disasters have dominated the headlines for the past two
limelights/linda-kornfeld.
Photo by: AMY CANTRELL
I S S U E 14
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Second, direct from Jerry Oshinsky, do not lose your
l aw d r a g o n . c o m
500
Lawdragon Lawyer Limelight: