Penn State

Insurance lessons from the Penn State tragedy: “Within the scope of employment”

By Gene Killian on September 16, 2016

Posted in Bodily injury, Expected or Intended, Named Insured, Violation of law

I remember sitting in a continuing legal education class once, where the speaker was an experienced employment defense lawyer. He said that, normally, he liked to open his talks with a funny story or a joke, but he couldn’t do that during this particular talk, because there was absolutely nothing funny about sexual harassment; in…

The Penn State scandal and the duty to defend

By Gene Killian on March 14, 2013

Posted in Directors & Officers Liability, Duty to defend, Employment Practices, Expected or Intended

I greatly respect judges. And, I feel sympathy for judges. They have a very difficult job. We hand them enormous caseloads for relatively low pay (most of them could make a lot more money in private practice) and then expect them to become conversant in every legal subject imaginable, from water rights to alimony. By…

is an AV-rated® graduate of the University of Chicago (B.A., English, with honors) and the University of Michigan Law School. Gene practiced with one of the nation’s preeminent insurance coverage law firms before starting his own law firm in 1995, which is now known as The Killian Firm, P.C. He has represented major business policyholders in a variety of high-profile insurance coverage disputes, both at trial and at the negotiating table. He is a Charter Fellow and New Jersey Co-Chair of the Litigation Counsel of America, an invitation-only society of elite trial attorneys. He is also a Fellow of the American Bar Foundation. ABF Fellows comprise a global honorary society of attorneys, judges, law faculty, and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities. Membership in the Fellows is limited to one percent of lawyers licensed to practice in each jurisdiction. Fellows are recommended by their peers and elected by the Board of the American Bar Foundation.

Practice Areas

Insurance law, representing commercial policyholders
Alternative dispute resolution
Commercial litigation

Professional Associations

Charter Fellow, Litigation Counsel of America
Fellow, American Bar Foundation
New York State Bar Association
American Bar Association
New Jersey State Bar Association

Education

B.A. English 1982, University of Chicago (with honors)
J.D. 1985, University of Michigan Law School

Bar Admissions

New Jersey
New York

New Jersey Insurance Coverage Litigation

Penn State

Insurance lessons from the Penn State tragedy: “Within the scope of employment”

The Penn State scandal and the duty to defend

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