K Labbate
(212) 804-4243
 

Kenneth M. Labbate

 

Kenneth M. Labbate concentrates his practice in the defense of complex civil and commercial litigations including disputes arising from professional, product and general liability claims.  He has successfully defended various professionals including accountants, attorneys, insurance agents and brokers, architects & engineers, real estate agents and brokers, title insurers and other miscellaneous professionals.  Mr. Labbate has also defended and renders employment related advice to employers on matters involving contractually based disputes and claims alleging discrimination, harassment and hostile work environment.
Mr. Labbate also provides coverage advice to and handles declaratory judgment actions for various insurers analyzing a variety of issues arising under professional liability errors & omissions policies, directors and officers policies, employment practice liability policies and commercial general liability policies.  He has also defended construction claims on behalf of owners, general contractors and other construction professionals and appears regularly before the United States Department of Labor in the defense of claims for benefits under the Defense Base Act extension of the Longshore and Harbor Workers’ Compensation Act and renders general workers’ compensation related advice to employers.
Mr. Labbate is admitted to practice in New York and Connecticut and has litigated in federal and state courts throughout the United States. His experience includes jury and bench trials, arbitrations, and appeals.  Mr. Labbate is a graduate of the State University of New York at Albany and Hofstra Law School, where he was a member of the Labor Law Journal.

Memberships/Honors

Memberships

  • American Bar Association (ABA); ABA Advisory Panel, committee member
  • Professional Liability Underwriting Society (PLUS)
  • Council on Litigation Management (CLM), Professional Liability Committee
  • Council on Litigation Management (CLM), Worker’s Compensation Committee

Honors

  • Recognized in Super Lawyers, 2014-2020 - Professional Liability
    Super Lawyers:
    The Super Lawyers list is issued by Thomson Reuters. Learn more about the selection methodology. No aspect of this advertisement has been approved by the New Jersey Supreme Court.
  • Recognized in Super Lawyers: 2014-2015 - Personal Injury - Products
    Super Lawyers:
    The Super Lawyers list is issued by Thomson Reuters. Learn more about the selection methodology. No aspect of this advertisement has been approved by the New Jersey Supreme Court.
  • Recognized in Super Lawyers: 2014-2015 - Insurance Coverage
    Super Lawyers:
    The Super Lawyers list is issued by Thomson Reuters. Learn more about the selection methodology. No aspect of this advertisement has been approved by the New Jersey Supreme Court.
  • Burton Award, Distinguished Legal Writing, 2014
  • Professional Liability Defense Federation (featured member, March 31, 2014)

Representative Matters

Publications

Speaking Engagements

  • Co-presenter with Avery Nickerson, COVID 19 and Professional Lines: Claims and Underwriting Impacts, in-house presentation for insurer, February 10, 2021.
  • Co-presenter with Avery Nickerson, Diversity & Inclusion, in-house presentation for insurer, 2019.
  • Presenter, “Cyber Exposure for Public & Private Ds & Os: Lessons Learned,” 13th Annual Directors & Officers Insurance ExecuSummit, May 16, 2017.
  • Presenter, in-house presentation for leading professional liability insurer, Claims and Underwriting Developments, May 21, 2015.
  • Presenter, “Benefits and Pitfalls of Additional Insured Coverage,” NYC Bar Association, May 14, 2015.
  • Speaker, “Cyber Liability,” for New York City Association of Insurance Women, November 3, 2014.
  • Presenter, “Cyber Liability: What are the Risks to My Business? Am I Covered?,” 2014 Professional Liability Defense Federation Fifth Annual Meeting and CLE/CEU Presentation, September 17-18, 2014.
  • Presenter, “Successfully Mediating Claims for benefits under the Defense Base Act,” Insurance Carrier Symposium, May 2013.
  • Presenter, “The Significance of Labor Market Surveys to Valuation of Disability Claims Under the Defense Base Act,” Insurance Carrier Symposium, May 2012.
  • Speaker, “Social Media and The Rules of Professional Conduct,” New York County Lawyers’ Association, December 2012.
  • Speaker, “Social Media and The Rules of Professional Conduct,” New York County Lawyers’ Association, July 2012.
  • Speaker, “Indemnification and Additional Insured Coverage”, Insurance Law: The Basics, New York City Bar, November 2011.
  • Speaker, “When More than One Insurance Policy May Respond to a Claim – Other Insurance and Excess Insurance,” Insurance Law: The Basics, New York City Bar, November 2010.
  • Presenter, “The Policy Application & Rescission,” Insurance Law: The Basics, New York City Bar, November 2009.

Admissions

New York, 1993
Connecticut, 1993
United States District Court – Southern District of New York
United States District Court – Eastern District of New York
United States Court of Appeals – Second Circuit

Education

J.D., Hofstra University School of Law, 1992, member, Labor Law Journal
B.A., State University of New York at Albany, 1989

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