Overview
Throughout Louisiana, Tina Kappen litigates claims arising under first-party property, flood, general liability, professional liabilty, and employer’s liability/worker’s compensation policies of insurance. Tina’s litigation experience also includes coverage disputes arising out of environmental, toxic tort, and long-latency disease exposure to asbestos, silica and radiation. Among other disputes, Tina’s environmental litigation practice includes a large measure of claims arising out of underground storage tanks, piping, gasoline stations, and the transport of fuel and chemicals under automobile liability policies with MCS-90 endorsements.
During her 19 years at Lugenbuhl, Tina has also litigated a significant number of construction defect coverage claims, bad faith claims, and public sector liability claims. Nationally, Tina Kappen has litigated claim and coverage disputes involving flood policies issued under the National Flood Insurance Program, including claims in Texas, Louisiana, Florida, New York and New Jersey.
Tina regularly counsels clients before litigation regarding the applicability of coverage exclusions, analyzes choice-of-law, drafts reservation-of-rights letters, and negotiates cost-share agreements and favorable settlement resolutions. When pre-suit resolution is not an option, Tina actively litigates insurance coverage claims as well as pro bono claims involving the defense and protection of animals.
Besides litigation, approximately 20% of Tina’s practice is devoted to appellate work, and she has successfully argued and briefed insurance-related and procedural issues before the United States Court of Appeals for the Fifth Circuit and Louisiana’s First, Third and Fourth Circuit Courts of Appeal.
Tina is also an Associate Adjunct Professor of Law at Tulane University Law School, where she teaches Deposition Practice and Procedure. Tina became a Lugenbuhl shareholder in 2012.
Outside the Office
As a “band mom,” Tina can usually be found cheering on the John Curtis Colonial Regiment Band and high school football team under the Friday night lights. She also enjoys glittering high heels – the signature Mardi Gras throw for the Krewe of Muses, which supports women’s initiatives through community awareness and fundraising. When not out and about, Tina is at home relaxing with her seven rescue pups, husband and stepson, watching National Geographic or learning Spanish.
- Jeter v. Ameron Int’l Corp., 2021-CA-0048 (La. App. 4 Cir. 6/23/21), 324 So. 3d 201 (affirming an insurer’s duty to defend is limited to its time on the risk and allocating defense costs to insured for uninsured period), writ denied, 2021-C-01070 (La. 11/3/21),326 So. 3d 894
- Gilchrist Construction Co. LLC v. Travelers Ind. Co., 358 F. Supp. 3d 583 (5th Cir. 5/8/20) (affirming insured’s alleged trespass and breach of contract with landowner was not an “accident” or “occurrence” within the meaning of the commercial general liability policy, precluding insurer’s obligation to defend insured or indemnify insured for $5.559M judgment)
- Kirby v. Ashford, 2015-CA-1852 (La. App. 1 Cir. 12/22/16), 208 So. 3d 932 (affirming employer’s liability exclusion barred contractual indemnity claims asserted against employer’s insurer)
- Mabile v. The Dow Chemical Co., 2016-CA-0577 (La. App. 1 Cir. 12/22/16) available at 2016 WL 7436587 (affirming dismissal of third-party demand seeking contractual indemnity against employer’s insurer under Louisiana’s Direct Action Statute)
- Gaudet v. Global X-Ray & Testing Corp., 122961, 16th JDC (2014) (dismissing Plaintiffs’ intentional-act allegations upon finding no intentional-act exception in the pre-1976 version of Louisiana Worker’s Compensation Act for alleged radiation exposures)
- New England Insurance Company v. Barnett, 456 Fed. Appx. 302 (5th Cir. 2012) (declaring consent judgment between claimant and insured unenforceable against insurer and dismissing claimant’s direct action and bad faith claims in his capacity as judgment creditor and as the insured’s assignee)
- Perkins v. Entergy Corp., 2010 WL 2332357 (La. App. 1 Cir. 6/10/10) (affirming award of $17 million in contribution toward settlement of mutual insured)
- Fletcher v. Corby, 2010-055 (La. App. 1 Cir. 3/16/10) aff’d) 38 So. 3d 328 (La. 6/18/10) (allegations of converted property, unauthorized use of credit, funds diversion, and fraudulent misrepresentations are excluded from Coverage A and are not a specific offense delineated in “personal injury” definition under Coverage B)
- Little v. USAA Cas. Ins. Co., 2010 WL 4909869 (5th Cir. 2010) (no duty to defend insured against breach-of-contract allegations, which were not claims for malicious prosecution under Coverage B)
- Chance v. Designer Wardrobe Trailers, 07-9427 (E.D. La. 2008) (no additional-insured coverage where alleged liability did not arise out of named insured’s acts or omissions)
Professional
- Louisiana State Bar Association
- New Orleans Bar Association
- American Bar Association
- Baton Rouge Bar Association
- Bar Association of the Fifth Federal Circuit
Community
- Muses Mardi Gras Krewe
- “Evaluating Valued Policy Law” The Insurance Coverage Law Bulletin
- “Pretender Defense Costs: To Pay or Not to Pay?” The Insurance Coverage Law Bulletin, Volume 3, November 2004
- “Domesticating International Corporate Responsibility: Holding Private Military Firms Liable Under the Alien Tort Claims Act,” 11 Tul. J. Int’l & Comp. L. 325 (2003)
- “International Law of the Sea: Reconciling the Law of Piracy and Terrorism in the Wake of September 11th,” 27 Mar. Law. 257 (2002)
