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Keven Drummond Eiber
Keven’s practice focus is primarily in the area of insurance coverage - litigating insurance coverage disputes for business clients, negotiating insurance recoveries and advising clients on insurance coverage issues in the context of both claims and policy acquisition and renewal. Keven has experience handling a wide range of coverage issues, including catastrophic property losses, professional liability, directors and officers, intellectual property and business interruption.

A significant part of Keven’s experience involves complex environmental insurance claims. She also devotes a substantial portion of her practice to environmental litigation and environmental compliance and risk counseling on behalf of corporate and business clients. Her knowledge in this area includes the Comprehensive Environmental Response, Compensation and Liability Act, the Ohio Voluntary Action Program, compliance with hazardous waste and used oil regulations, disputed matters before the Ohio Environmental Review Appeals Commission, environmental due diligence projects in connection with business acquisitions and real estate transactions, and the defense of enforcement actions.

Prior to joining Brouse McDowell in 1989, Keven worked as a Special Assistant United States Attorney in the Eastern District of Virginia and as an Assistant Corporation Counsel for the District of Columbia.

Professional/Civic Activities
Keven served as president of the Federal Bar Association’s Northern District of Ohio Chapter, 2004 - 2005; chair of the Ohio State Bar Association’s Environmental Law Committee, 2003 - 2005; and is a charter fellow of the Federal Bar Association Foundation. She is a former president, treasurer and board of trustees member for Planned Parenthood of Summit, Portage and Medina Counties; and former member of the Summit County Board of Building Appeals and a past board member and Education Chair for the North Coast Women’s Sailing Association.

  • AV Rated by Martindale-Hubbell
  • Named an Ohio Super Lawyer through a peer review by Law & Politics and Cincinnati Magazine (2004-2010), listed in the Environmental and Insurance Coverage sections.
  • Named a Best Lawyer in America (2008-2010), listed in the Environmental and Insurance Coverage sections.

Articles/Presentations

  • "E-Mail Scams Targeting Attorneys - Are Law Firms Covered for Resulting Losses?" (The Insurance Coverage Law Bulletin, Vol. 8 / No.11, December 2009)
  • "Insurance Coverage for Intellectual Property and Cyber-Risk Claims," presented to the Federal Bar Association, Northern District of Ohio Chapter Intellectual Property Litigation CLE Program, February 18, 2010, Cleveland, Ohio
  • "Insurance Coverage for Intellectual Property and Internet-Related Liabilities," presented at the American Bar Association Section of Litigation-Insurance Coverage CLE Seminar, March 6, 2010, Tuscon, Arizona
  • “Insurance Survival in an M&A World: The Impact of Corporate Transactions on the Availability of Insurance for Environmental and Other Long Tail Claims” (The Insurance Coverage Law Bulletin, Vol. 6/No. 5 June 2007, and presented to the Risk and Insurance Management Society, Northeast Ohio Chapter, 2007; CPCU Society, Cleveland Chapter, 2006)
  • “The Defense Perspective on Environmental Enforcement Actions” (Cleveland Bar Association, 2005)

Representative Engagements

  • Second chair trial counsel in Goodyear Tire & Rubber Company v. Aetna, Summit County Court of Common Pleas.
  • Significant responsibility in numerous insurance recovery cases for policyholders including Dover Chemical Corp. v. Aetna, Danis Industries, Inc. v. Travelers, GenCorp v. Aetna, and Nationwide v. Manco.
  • Significant responsibility in cases involving coverage for asbestos, lead and environmental claims, professional liability coverage, first party property coverage for claims arising out of fire, explosion and hurricane losses, Directors’ and Officers’ liability coverage, environmental liability claims, business interruption claims and various other types of insurance claims.
  • Represented groups of officers and directors in actions involving D&O insurance coverage in connection with underlying claims of breach of fiduciary duty to former company.
  • Won summary judgment and appeal in case involving environmental claims brought pursuant to the Ohio Voluntary Action Program.
  • Represented plastics manufacturer in case involving cost recovery and damages pursuant to CERCLA and the Ohio Voluntary Action Program and obtained favorable settlement.
  • Provide advice and counsel to manufacturer and importer on issues arising under TSCA.
  • Lead counsel in hearing before Environmental Review Appeals Commission involving Ohio construction and demolition debris landfill regulations for municipal client.
  • Lead counsel in Rivers Unlimited v. Whitlatch in successful hearing before Environmental Review Appeals Commission involving Section 401 water quality certification and anti-degradation regulations.
  • Represent major oil company in litigation involving environmental claims arising out of former retail locations throughout Midwest.
  • Experienced plaintiff and defense counsel in cost recovery cases brought pursuant to the Ohio VAP program involving alleged contaminated property.
  • Drafted environmental risk policies and programs for lending and financial institutions.

Admissions

  • States of Ohio, Maryland, District of Columbia and Florida
  • United States District Courts for the Northern and Southern Districts of Ohio
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Eastern District of Virginia
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Appeals for the Sixth Circuit
  • United States Supreme Court

 

   
THE ESSENTIALS

E-MAIL: keiber@brouse.com
PHONE: 216.830.6830
FAX: 216.830.6807
POSITION: Partner
LOCATION: Cleveland
PRACTICE(S):
Litigation
Environmental
Air Quality
Brownfields Development and Sustainable Development
Compliance Counseling and Risk Assessment
Environmental Litigation
Underground Storage Tank Regulation
Water Quality – NPDES, Storm Water and Wetlands
Insurance Recovery
EDUCATION:

American University Washington College of Law, JD, 1983

Michigan State University

University of Illinois, BA, 1980

OTHER STATE ADMISSION: DC; MD; FL


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