Tina’s favorite things about her coverage practice are (1) finding and negotiating cost-effective solutions for complex problems without clear-cut answers, and (2) crafting well-written and reasoned arguments, especially regarding unresolved legal issues or issues of first impression.

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Tina L. Kappen


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Biography

Born in San Antonio, Texas, Tina grew up in El Paso, Texas. She graduated magna cum laude from Stephens College in 2000, receiving a Bachelor of Arts in Philosophy, Law and Rhetoric and a Bachelor of Arts in International Studies with an emphasis on Public Affairs.

After honing her analytical and writing skills in her undergraduate program, Tina attended Tulane University Law School, where she was a member of the Tulane Maritime Law Journal, Tulane International Law Journal, Phi Alpha Delta, and Order of the Coif. She graduated magna cum laude from Tulane in 2003, with a certificate in European Legal Studies.

Currently working in our New Orleans office, Tina's statewide practice involves claims arising under general liability, professional, and employer’s liability/worker’s compensation policies of insurance. Additionally, Tina's litigation experience includes coverage disputes arising out of environmental, toxic tort, and long-latency disease exposure. A large measure of Tina's environmental litigation practice arises out of underground storage tanks, piping, gasoline stations, and the transport of fuel and chemicals under automobile liability policies with MCS-90 endorsements. Tina also has extensive experience litigating construction defect coverage claims, bad faith claims, public sector liability claims, and first-party coverage disputes.

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.

In addition, 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 Fifth Circuit Court of Appeals. Tina became a shareholder in the firm in 2012.

Affiliations

  • Louisiana State Bar Association
  • New Orleans Bar Association
  • American Bar Association
  • Baton Rouge Bar Association
  • Defense Research Institute
  • Baton Rouge Association of Women Attorneys
  • Bar Association of the Fifth Federal Circuit
  • Louisiana Attorney Disciplinary Board

Publications

  • “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)

Representative Cases

  • 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 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)

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