Karl S. Vasiloff

Partner

Boston
950 Winter Street
Suite 1300
Waltham MA 02451

TEL: (781) 466-0702
FAX: (781) 466-0701

kvasiloff@zelle.com

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Karl handles complex litigation matters in numerous state and federal courts in the Northeast and Mid-Atlantic states, including Massachusetts, New York, New Jersey, Connecticut, Vermont, New Hampshire, Maine, Rhode Island, Maryland, Pennsylvania, Delaware, Virginia, and West Virginia, as well as cases in Ohio, Florida, Michigan, Texas and Nevada. Karl has particular expertise in the area of complex insurance coverage litigation and has represented numerous casualty insurers in connection with claims made by large corporate policyholders, including a number of Fortune 500 companies, arising out of environmental and asbestos liabilities. Karl also has a significant practice involving product liability coverage claims, including claims involving Chinese drywall, class actions involving defective roof products, and claims arising out of faulty construction materials. He also practices in the areas of E&O and D&O coverage.

Karl also has significant experience in handling major first party property disputes arising out of catastrophic losses, such as 9/11 and Hurricane Katrina, and involving complex questions of coverage and loss measurement, including the quantification of business interruption losses. In connection with such losses, Karl has obtained significant experience and expertise in construction related disputes, such as construction scheduling and excusable delay, the scope of, and exceptions to, GMP contracts, and the issues surrounding change orders and others claims for extra work. Karl also has co-lead chair experience handling first party property reinsurance arbitrations involving hundreds of millions of dollars.

In addition, Karl has handled a number of matters concerning extra-contractual exposures premised on allegations of bad faith and violations of unfair consumer practices statutes. Karl also has experience in products liability defense and subrogation.

Representative Matters

Nationwide Mutual Insurance Co. et al. v. The Overlook LLC et al., Civ. Action No. 4:10cv69, 2011 U.S. Dist. LEXIS 55282 (E.D. Va. May 13, 2011) (Represent Nationwide on a national basis with respect to first- and third-party insurance coverage and claim defense issues relating to alleged damage caused by the presence of defective Chinese-manufactured drywall)

9/11 Reinsurance Dispute (Co-lead chair in $700+ million successful reinsurance arbitration arising out of coverage on the World Trade Center destroyed in 9/11)

Taunus Corporation v. Allianz Insurance Company (Insurance coverage action and related appraisal involving claims in excess of $1 billion stemming from property damage on 9/11 and resulting time element losses)

Allianz Insurance Company v. World Trade Center Properties LLC, 394 F. Supp. 2d 585 (S.D.N.Y. 2005) and 2005 U.S. Dist. LEXIS 13001 01 Civ.9291 (S.D.N.Y. Oct. 17, 2005) (Insurance coverage action and related appraisal involving destruction of World Trade Center complex and claims in excess of $7 billion for property damage and time element losses)

Insurance Coverage (Hurricane Katrina insurance coverage litigation on behalf of a major insurance company. Losses included casinos and condominium developments)

Crown, Cork & Seal Company, Inc. v. Employers Insurance Of Wausau, Civ. Action No. 99-4904, 2002 U.S. Dist. LEXIS 18318 (E.D. Pa. Sept. 26, 2002) (Breach of contract involving complex asbestos settlement agreement)

Roskam Baking Company v. Zurich Insurance Company, Civ. Action No. 1:97CV707, 1999 U.S. Dist. LEXIS 7972 (W.D. Mich. May 19, 1999) (First party insurance coverage action and quantum dispute stemming from major fire loss at contract manufacturing facility)

Employers Insurance Of Wausau, et al., v. Trico Products Corporation, et al., Civ. Action No. 93CV402A, 1997 U.S. Dist. LEXIS 19680 (W.D.N.Y. May 29, 1997) (Environmental coverage action arising out of neural tube defects and environmental property damage claims)

Dryden Oil Co. of New England, Inc. v. Travelers Indem. Co., 91 F. 3d 278 (1st Cir. 1996) (Environmental coverage action)

Gould, Inc. v. Arkwright Mut. Ins. Co., 907 F. Supp. 103 (M.D. Pa. 1995) (Environmental coverage action arising out of lead smelting plant)

State Mutual Life Assurance Co. v. Lumbermens Mut. Cas. Co., 874 F. Supp. 451 (D. Mass. 1995) (Environmental coverage action)

Stanley Works v. New England Security, Inc., 651 A. 2d 1227 (R. 1. 1994) (Successful subrogation recovery arising out of arson)

Lumbermens Mutual Cas. Co. v. Belleville Industries, Inc., 555 N.E. 2d 568 (Mass. 1990) (Environmental coverage action in PCBs at New Bedford Harbor superfund site)

Articles & Presentations

"Appraisal Fundamentals In Modern Property Insurance Practice," TIPS Property Insurance Law Committee Newsletter, Fall 2011 issue, co-author

"2011 — The Year Of The Breach," Insurance Law360, August 8, 2011, co-author

Appraisal And The Catastrophic Loss: Emerging Issues And Trends, 2011 National Property Insurance ExecuSummit, June 7-8, 2011, co-presenter

"Appraisal Fundamentals In Modern Property Insurance Practice," 2011 ABA Tort Trial and Insurance Practice Section’s Property Insurance Law Committee Spring Meeting, April 28-30, 2011, co-author

The Deposition Process – Keys to Success, Chicago, September 2010, co-presenter

"Rejecting Attempts to Frustrate the Arbitration Process: Indemnification of Arbitrators," MReBA Cover Notes (Massachusetts Reinsurance Bar Association's newsletter), Spring 2009 issue, co-author

Appraising Large Complex Losses, 2009 PLRB/LIRB Claims Conference, March 22-25, 2009, presenter

Professional Affiliations

American Bar Association, Tort & Insurance Practice Section
Massachusetts Reinsurance Bar Association, founding member
ARIAS

Noteworthy

Karl has been named a Massachusetts "Super Lawyer" from 2004-2011 (each year since inception).