Kirk M. Zapp

Partner

Kirk’s practice focuses on first-party property insurance coverage matters, first-party property insurance coverage litigation, and construction litigation.

Kirk advises and consults with insurers regarding all aspects of first-party property insurance coverage.  Kirk also represents insurers in complex (frequently multi-million dollar and multi-party) civil litigation in state and federal courts in numerous jurisdictions throughout the United States.

Kirk has successfully defended a number of insurers in first-party property insurance coverage actions related to major property damage losses and business interruption and bad faith claims.  More recently, Kirk has represented insurers in state and federal court in New York, Florida, and Louisiana in connection with claims and litigation arising from the 9/11 terrorist attack and Hurricanes Katrina and Rita.  With regard to Hurricanes Katrina and Rita, Kirk also advised a number of insurers with regard to coverage issues involving number of occurrences, application of deductibles, extended period of indemnity, scheduled versus blanket coverage, and business interruption, contingent business interruption, civil authority and extra expense coverages, as well as other coverages.

Kirk also litigates cases involving construction disputes.  Kirk has represented property owners in presenting and defending claims primarily involving construction defects, mechanic’s liens, breach of contract, quantum meruit, and indemnification. 

Kirk joined Clausen Miller after practicing as an appellate law clerk for the Honorable Justice Michael J. Colwell of the Illinois Appellate Court, Second District. Prior thereto, he had practiced in private practice in commercial litigation and as a law clerk to the Honorable Judge Thomas P. Durkin of the Circuit Court of Cook County, Chancery Division.

Representative Matters

ANC Rental Corp. v. Lexington Ins. Co. (17th Judicial Circuit, Broward County, Florida) (first-party property insurance coverage litigation stemming from 9/11 and involving claim in excess of $100 million for alleged time element losses)

Ocean Partners, LLC v. North River Ins. Co. (United States District Court for the Southern District of New York) (first-party property insurance coverage litigation stemming from 9/11 and involving claim in excess of $25 million for alleged property damage)

Historic Restoration, Inc. v. RSUI Indemnity Co. (Civil District Court for the Parish of Orleans, State of Louisiana) (first-party property insurance coverage litigation stemming from Hurricane Katrina and involving claim in excess of $33 million for alleged property damage and time element losses)

Dillard University v. Lexington Ins. Co. (United States District Court for the Eastern District of Louisiana) (first-party property insurance coverage litigation stemming from Hurricane Katrina and involving claim in excess of $160 million for alleged property damage and time element losses)

Landmark American Ins. Co. v. Green Lantern Roadhouse, LLC (United States District Court for the Southern District of Illinois) (first-party property insurance litigation involving declaratory judgment for rescission based on false warranty, breached condition, and material misrepresentation in insurance application)

Education

  • J.D. Loyola University, Chicago School of Law, 1994
  • B.A. Arizona State University, summa cum laude, 1991

Bar Admissions

  • Illinois

Court Admissions

  • U.S. District Court, Northern District of Illinois, 1994
  • U.S. District Court, Southern District of Illinois, 2007

Organization Affiliations

  • American Bar Association
  • Western Loss Association