Kym Kochis counsels insurers on a wide range of litigation and corporate governance matters and is co-head of our insurance litigation and class action groups. Her extensive knowledge of the insurance industry provides for deft representation of insurers opposing complex class action litigation. She regularly handles matters involving unfair trade practices, consumer fraud, antitrust, ERISA and policy coverage issues, as well as complex breach of contract and tort claims.
In tune with emerging issues affecting the industry, Kym regularly authors publications about insurance business practices and class action defense. Most recently, she provided supplementary testimony on Rule 23(f) of the Federal Rules of Civil Procedure. Kym joined Eversheds Sutherland (US) from an international law firm in New York, where she was a partner and co-chair of the insurance litigation and regulatory practice. She previously was an attorney at Dewey & LeBoeuf LLP.
Earlier in her career, Kym gained significant experience in the London Market during a secondment with a leading Lloyd’s of London syndicate. There, she was responsible for all aspects of the syndicate's major claims, which included directors and officers (D&O), professional liability, property and marine claims. Her duties also involved providing U.S. compliance and regulatory advice, responding to Department of Insurance inquiries and collaborating with the syndicate’s underwriters to develop U.S. policy wordings.
Client Tools
•Up to Speed Blog
Awards and Rankings
Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of insurance: dispute resolution: insurer (2017)
Experience
Counseled Progressive Casualty Insurance Corp. and related entities in 18 antitrust actions and a RICO class action consolidated in an MDL proceeding in Florida alleging a conspiracy among insurance companies relating to claims handling practices.
Represented Progressive Casualty Insurance Co. and Progressive Direct Insurance Co. in a class action alleging unfair business practices under Connecticut's Unfair Trade Practices Act (CUTPA/CUSPA), tortious interference and unjust enrichment.
Defeated class certification in Georgia state court against property and casualty auto insurance carrier arising from claims that it sold illusory insurance coverage.
Successfully dismissed putative class action in the District of Maryland asserting breach of contract and injunctive relief claims against a large property and casualty insurer.
Represented a large property and casualty insurer under civil and criminal investigation by the New York Attorney General and other state and federal governmental agencies relating to bid rigging and finite reinsurance allegations.
Represented a major excess property and casualty insurer in class action opt-out cases alleging violations of federal and state antitrust laws.
Represented a major property and casualty insurer in the defense of a federal antitrust and RICO class action.
Defended an insurer in a putative class action in Illinois federal court alleging violation of Illinois's consumer protection statute.
Secured complete dismissal of New York General Business Law and other causes of action, including tortious interference and injurious falsehood, for a leading auto insurer.
Won summary judgment for a leading auto insurer in a case alleging breach of contract and violations of New York's unfair trade practices statute, GBL 349.
Won summary judgment on 10 causes of action in a complicated business practices dispute brought by several auto body repair shops and individuals against Progressive.
Won dismissal of a putative class complaint alleging bad faith, breach of fiduciary duty and unfair trade practices violations, which was upheld by the Third Circuit.
Secured dismissal for Progressive Northwestern Insurance Company in an action alleging antitrust, breach of contract, fraud, violations of New York General Business Law 349 and tortious interference.
Won dismissal of an Unfair Trade Practices Act claim on a motion to dismiss in the U.S. District Court for the Middle District of Tennessee.
Currently representing automobile insurer in 16 putative class actions relating to total loss claim settlements.
Representing insurer in putative class action alleging breach of contract and violations of New York General Business Law 349 relating to claims handling practices.
Representing insurer in putative class action in U.S. District Court for the Western District of Texas relating to subrogation rights.
Multimedia
Videocast: Connected and Automated Cars: The Federal Government Addresses Cybersecurity and Data Privacy (June 29, 2017)
Connected and automated vehicles are being built with components that enable them to not only access information, but also collect, store and transmit data for performance and safety purposes as ...
Videocast: Insurance and Automated Transportation (May 16, 2017)
The question isn’t whether automated technology will impact the auto insurance industry, but how big that disruption will be and when that disruption will happen. In this Bottom Line videocast, ...
Webcast: Understanding and Defending State Consumer Protection Actions (September 29, 2016)
Consumer protection or unfair and deceptive practices statutes have been enacted in every state in an attempt to protect consumers from predatory, deceptive and unscrupulous business practices. While ...
Webcast: Privilege: A Lawyer’s Best Friend and Biggest Headache (March 23, 2016)
Join Sutherland attorneys Mike Nelson, Kymberly Kochis and Alex Fuchs for a webcast on key issues in the world of privilege. The presentation will cover recent developments as well as best practices ...
Webcast: Insurance Litigation Trends to Watch in 2016 (February 18, 2016)
Sutherland attorneys Tom Curvin, Kym Kochis, Lewis Wiener, Phil Stano, Valerie Sanders and Wilson Barmeyer present Insurance Litigation Trends to Watch in 2016 on February 18, 2016. Litigation ...
Webcast: Science Fiction to Reality: The Future of Automobile Insurance and Transportation Technology (October 13, 2015)
Vehicle technology is advancing at an implausible pace rendering what was previously considered science fiction a reality. These technological advances impact many industries, but none more so than ...
News
In the News
Smart Cars Could Nudge Insurers on to Hard Shoulder (July 20, 2016)
Reuters and Business Insider
Sutherland Partner Kymberly Kochis is quoted in articles for Reuters and Business Insider regarding the rapid pace at which vehicle technology is advancing. Among other things, the article discusses ...
U.S. Legal System will be a Pothole for Autonomous Vehicles (March 7, 2016)
Law360
Sutherland’s videocast on the legal ramifications of autonomous vehicles is featured in Law360. In the video, Partners Michael Nelson and Kymberly Kochis discuss issues connected to cybersecurity and ...
Words of Wisdom: What You Need to Know as a Summer Associate (June 18, 2015)
Law360
Partners Lewis Wiener and Kymberly Kochis share what they wish they knew as summer associates with Law360. “I wish I had known that every attorney in the firm is a potential client,” said Lew. “As a ...
Press Releases
Eversheds Sutherland Lands Pro Bono Victory: Court Grants Asylum to Clients (October 12, 2017)
Eversheds Sutherland is pleased to announce that a US Department of Justice Immigration Judge has granted asylum to a young Salvadoran woman and her child. The decision resolves the clients’ ...
Industry Leaders Meet to Examine Future of Driverless Vehicles and Artificial Intelligence (May 15, 2017)
NEW YORK-Industry leaders came together at the Harvard Club in New York City for a special forum titled Transportation Disrupted: Artificial Intelligence in the Driver’s Seat. The group, which ...
Sutherland Launches Up to Speed: The Automotive and Insurance Blog (November 17, 2015)
NEW YORK-Sutherland Asbill & Brennan LLP is pleased to announce the launch of its newest blog, uptospeedblog.com. The blog provides vital news relating to automobile insurance, manufacturing, ...
Sutherland Expands Insurance Litigation Practice in New York with Addition of Five Attorneys (June 1, 2015)
NEW YORK-Sutherland Asbill & Brennan LLP announced today that five attorneys have joined the firm’s Insurance Litigation Group in New York, expanding the firm’s service offerings in insurance class ...
Presentations
Trends in Insurance Class Actions (May 21, 2018)
Lawline
Eversheds Sutherland Partner Kymberly Kochis presents Trends in Insurance Class Actions for Lawline on May 21, 2018.
Transportation Disrupted: Artificial Intelligence in the Driver’s Seat (May 3, 2017)
The automobile, in its current iteration, has been in existence for the better part of a century: four wheels, an engine, a steering wheel and a driver. But, what happens when you take the driver out ...
Defending Insurance Class Actions (May 1, 2017)
Lawline
Eversheds Sutherland Partner Kymberly Kochis presents Defending Insurance Class Actions for Lawline on May 1, 2017.
Webcast: Understanding and Defending State Consumer Protection Actions (September 29, 2016)
Consumer protection or unfair and deceptive practices statutes have been enacted in every state in an attempt to protect consumers from predatory, deceptive and unscrupulous business practices. While ...
Webcast: Today’s Global World: Issue-Spotting in International Internal Investigations (June 15, 2016)
Corporate scandals in recent years and the ensuing passage of Sarbanes-Oxley, Dodd-Frank, and other compliance-based legislation have resulted in an increase in company-initiated internal ...
Big Data and Predictive Analytics: Lessons from the P&C World (May 16, 2016)
Association of Life Insurance Counsel (ALIC) Annual Meeting
Sutherland Partners Thomas Curvin and Kymberly Kochis present Big Data and Predictive Analytics: Lessons from the P&C World at the Association of Life Insurance Counsel (ALIC) Annual Meeting on ...
Webcast: Privilege: A Lawyer’s Best Friend and Biggest Headache (March 23, 2016)
Join Sutherland attorneys Mike Nelson, Kymberly Kochis and Alex Fuchs for a webcast on key issues in the world of privilege. The presentation will cover recent developments as well as best practices ...
Webcast: Insurance Litigation Trends to Watch in 2016 (February 18, 2016)
Sutherland attorneys Tom Curvin, Kym Kochis, Lewis Wiener, Phil Stano, Valerie Sanders and Wilson Barmeyer present Insurance Litigation Trends to Watch in 2016 on February 18, 2016. Litigation ...
Webcast: Science Fiction to Reality: The Future of Automobile Insurance and Transportation Technology (October 13, 2015)
Vehicle technology is advancing at an implausible pace rendering what was previously considered science fiction a reality. These technological advances impact many industries, but none more so than ...
Conducting Effective Internal Investigations into Potential Money Laundering Activity, Fraud, Sanctions Violations or FCPA Violations (January 21, 2014)
American Conference Institute 4th Annual Forum on AML/OFAC Compliance for Insurance
Publications
Legal Alerts
Legal and Regulatory Developments - Business Interruption Insurance for COVID-19 Related Losses (Updated May 6, 2020)
As the COVID-19 pandemic continues to have significant economic consequences in the US, a key issue for insurers and businesses throughout the country will be whether all or a portion of losses may ...
Legal Alert: Dangerous seas ahead - the California Consumer Privacy Act and litigation risk (September 5, 2019)
While many breathed a sigh of relief when the California legislature provided only a limited private right of action for data breaches under its sweeping new privacy law-the California Consumer ...
The impact of Langan v. Johnson & Johnson on nationwide class actions (August 13, 2019)
The US Court of Appeals for the Second Circuit recently closed the door on a potential argument for defendants fighting multi-state class certification.1 In Langan v. Johnson & Johnson Consumer ...
The impact of Langan v. Johnson & Johnson on nationwide class actions (August 15, 2018)
The US Court of Appeals for the Second Circuit recently closed the door on a potential argument for defendants fighting multi-state class certification. In Langan v. Johnson & Johnson Consumer ...
Nationwide class actions: dangling on a precipice? (February 8, 2018)
An unexpected decision from the US Court of Appeals for the Ninth Circuit has raised questions about the viability of nationwide class action settlements. What appeared to be a wrapped-up settlement ...
Legal Alert: NHTSA Releases New Automated Vehicle Policy (September 15, 2017)
The US Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA) this week released Automated Driving Systems 2.0: A Vision for Safety. This updated guidance ...
Transportation Disrupted: AI in the Driver's Seat (June 5, 2017)
Eversheds Sutherland Lawyers Share Insights on Data Privacy, Cybersecurity, Intellectual Property and other Challenges Raised by Autonomous and Connected Cars On May 3, 2017, Eversheds Sutherland ...
Blood in the Water: Courts Evaluate Standing in Three Recent TCCWNA Class Actions (April 6, 2017)
The rising tide of class actions alleging violations of New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA, pronounced “tic-wun-uh”) has been a cause of concern for companies ...
CFPB Loses a Major Battle (But Not Quite the War) Against Third Party Payment Processors (March 27, 2017)
A recent US District Court decision dismissing a claim brought by the Consumer Financial Protection Bureau (CFPB) against a third-party processor and two of its executives deals a setback to the ...
House Approves Controversial Class Action Bill (March 15,2017 )
In Take Two!: Congress Revives the Fairness in Class Action Litigation Act, Eversheds Sutherland discussed the provisions of the Fairness in Class Action Litigation Act of 2017 (H.R. 985; the Act), a ...
Articles
Why All Federal Courts Should Adopt the Ninth and Sixth Circuits’ Approach to Removal under CAFA (May 23, 2019)
American Bar Association
Pursuant to the Class Action Fairness Act (CAFA), federal district courts have original jurisdiction over certain class actions when, among other things, the amount in controversy exceeds $5 million. ...
Class Waiver Provisions: Where We’ve Been and Where We’re Heading (March 28, 2016)
New York Law Journal
Arbitration clauses and class action waivers have become nearly ubiquitous in consumer contracts. This comes as no surprise since the U.S. Supreme Court has issued a string of opinions over the last ...
Five Actions Auto Insurers Should Take to Thrive in the Autonomous Tech Boom (March 25, 2016)
Carrier Management
We are in the golden age of autonomous technology, with new car models rolling off the assembly line daily with state-of-the-art crash avoidance features. Innovations such as parallel-park assist, ...
Five Legal Decisions that Impacted the Insurance Industry (December 1, 2015)
Claims Magazine and PropertyCasualty360.com
The year 2015 was filled with rulings impacting all facets of the insurance industry. For example, the U.S. Supreme Court upheld a key provision of Obamacare in a decision embraced by health ...
2015 Amendments to the Federal Rules of Civil Procedure (November 24, 2015)
The Litigation Practice Group of Sutherland Asbill & Brennan LLP has published “2015 Amendments to the Federal Rules of Civil Procedure.” This publication reflects important changes to the Federal ...
U.S. Supreme Court to Address Class Action Standing in Upcoming Term (November 2, 2015)
New York Law Journal
Over the last several terms, the U.S. Supreme Court has issued opinions touching on a wide array of issues in class action law, including removal, certification, arbitration and settlement. This year ...
Lawyers’ Perspective: Unclaimed Property Actions, Cyber Blackmail Ranked Among Insurance Issues to Watch (September 21, 2015)
Carrier Management
In their article for Carrier Management, Sutherland attorneys Michael Nelson, Kymberly Kochis and Alexander Fuchs discuss several emerging issues they believe are likely to have an impact on the ...
Guide to Preventing Class-Action Disasters Arising from Natural Catastrophes (April 4, 2013)
Carrier Management
An Assessment of CAFA and the Future of Class Action Reform (December 21, 2012)
The Metropolitan Corporate Counsel
Bridge the Gender Gap (February 6, 2012)
New York Law Journal
