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Kevin D. Brooks

Associate

Kevin focuses on insurance coverage and bad faith litigation in some of the nation’s most challenging jurisdictions. He also has significant experience in defending high-stakes tort actions.

Kevin specializes in insurance coverage issues, both pre- and post-suit. He advises on coverage determinations, but also defends bad faith and garnishment actions. He has experience in a broad range of first party and third party claims. Often, Kevin is called on to assist carriers after a multimillion dollar judgment has been rendered. Kevin has assisted clients in a variety of jurisdictions, including Missouri, Kansas, Illinois, Washington, Georgia, Nevada and Arizona.

He has substantial experience defending significant tort claims, including personal injury and wrongful death, professional liability, construction defect, product liability, and trade secret matters. In that capacity, he has defended a wide-range of individuals and companies in a variety of industries.

Kevin is an adjunct professor at the University of Missouri – Kansas City School of Law and has taught trial advocacy for over a decade. He was an instructor at the Missouri Organization of Defense Lawyers Trial Academy, of which he is also a graduate. He is also a member of the Missouri Organization of Defense Lawyers Amicus Brief committee. He has presented to insurance carriers on negotiation techniques.
 
Government Service
  • Judge Sandra C. Midkiff, Circuit Court for the 16th Judicial Circuit of Missouri at Kansas City (law clerk)
Publications
  • "Voir Dire & Case Considerations for the Modern Juror: Unlocking the Secrets of a Great Voir Dire", Kansas Defense Journal, Spring 2012
  • "The Vanishing Enforceability of Arbitration Clauses in Nursing Home Admission Contracts", Missouri Organization of Defense Lawyers Summer Newsletter, 2009
  • "HIPAA Regulation of Ex Parte Interviews with Plaintiffs' Treating Physicians: More Questions than Answers...", Missouri Organization of Defense Lawyers Winter Newsletter, 2006
  • "Products Liability Update," Defense Research Institute, Missouri, 2006
  • "Chapter 13: Lack of Reliable Foundation," DRI's Compendium on Admissibility of Expert Testimony

Notable Matters
  • Shelby v. Oak River Ins. Co., 2018 WL 2013043 (W.D. Mo. 2018) – Obtained full summary judgment in favor of insurer in garnishment and bad faith action arising out of $19 million class action judgment for UCC violations.
  • Smith v. Zurich Am. Ins. Co., 2017 WL 3168566 (E.D. Mo. 2017) – Obtained full summary judgment in favor of insurer in underinsured motorist coverage and bad faith action in which claimant sought damages in excess of $25 million.
  • Primerano v. Vornado Air, LLC, 2-16-cv-02752 (D. Kan. 2017) – On the eve of trial, obtained full dismissal of trade secrets misappropriation suit against major fan manufacturer.
  • Forsberg v. N.R. Hamm Contractor, LLC, 369 P.3d 342 (Kan. Ct. App. 2016) – Defended on appeal full dismissal of claims of fraud, breach of fiduciary duty, and bad faith claims against an insurer following a fatal workplace accident.
  • Schmidt v. Zurich Am. Ins. Co., 2016 WL 7219552 (W.D. Mo. 2016) – Obtained full summary judgment in favor of insurer in underinsured motorist coverage and vexatious refusal to pay action in which Plaintiff sought $5 million in damages.
  • Talbert v. Progressive Northwestern Ins. Co., 2014 WL 334747 (W .D. Mo. 2014) – Obtained full summary judgment in favor of insurer on res judicata grounds in vexatious refusal to pay underinsured motorist coverage lawsuit.
  • Gear Automotive v. Acceptance Indem. Ins. Co., 709 F.3d 1259 (8th Cir. 2013) – In bad faith action arising out of a workplace shooting, obtained full summary judgment in favor of insurer that was upheld on appeal.
  • ABC Seamless Siding & Windows, Inc. v. Ward, 398 S.W.3d 27 (Mo. App. W.D. 2013) – While defending insurance agency on claims for negligence, misrepresentation, and breach of fiduciary duty, obtained full summary judgment in client’s favor that was upheld on appeal.
  • Lambi v. American Family Mut. Ins. Co., 498 Fed.Appx. 655 (8th Cir. 2013) – Obtained full summary judgment (upheld on appeal) in favor of insurer on claims for bad faith involving the application of abuse and communicable disease exclusions in policy. 

  • CALI Awards for the highest grades in Evidence and Criminal Procedure (recipient)