Pamela Morgan Hodge primarily focuses her practice in the area of insurance coverage, helping clients understand the insurance coverage that may be available to them and then assisting them in accessing it in the event of claims. Within this practice area, she performs various services for client insureds.
- Policy Analysis: Pamela reviews and analyzes insurance policies or entire insurance programs for clients with the goal of ensuring that to the maximum extent possible, the insurance policies accurately state the coverage that the insured desires, and that the insured obtains the benefit of enhanced policy provisions that are often available, but only if they are specifically negotiated at the time of policy placement and renewal.
- Claims Assistance: Pamela frequently assists clients through the insurance claims process with the goal of maximizing the likelihood that the insured will obtain coverage for the claim. This can include assisting the insured and its broker in presenting claims; monitoring and responding to insurer correspondence, including reservation of rights letters and requests for information; and aggressively contesting any inappropriate denial letters.
- Coverage and Bad Faith Litigation: Pamela also represents numerous insureds in insurance related litigation, either defending insureds in declaratory judgment actions filed by their insurers attempting to avoid providing coverage for a claim, or filing coverage lawsuits on behalf of insureds in situations where the insurers have failed to meet their coverage obligations.
- Monitoring / Strategic Counsel: In many instances insurers will provide defense counsel to defend a policy holder claim, but will reserve its rights to deny coverage. Pamela frequently assists clients in those circumstances by monitoring the defense of the case to protect the clients' interests with respect to coverage and to provide input regarding the defense of the case.
Pamela has litigated and/or advised clients regarding many types of insurance policies, including Comprehensive General Liability (GL or CGL) policies, Umbrella and Excess liability policies; Director and Officers (D&O) liability policies, Side A/DIC Directors and Officers policies; Employment Practices Liability (EPL) policies; Punitive Wrap policies; Fiduciary Liability Policies; Executive Risk Policies; Financial Umbrella policies; Professional Liability / Errors and Omissions (E&O) policies; Cyber Liability / Privacy policies; Employers' Liability/Workers Compensation policies; and Property and Business Interruption policies.
Over the past 20 years, Pamela has recovered more than $100 million in payments on behalf of insureds on disputed insurance and insurance related matters.
- Resolved years of coverage litigation with multimillion dollar settlements from several general liability and excess liability insurers on an environmental claim that the insurers initially refused to cover
- Obtained summary judgment in federal case involving fiduciary liability policy; insurer ultimately paid multimillion dollar policy limit
- Recovered multimillion dollar policy limit on executive risk excess liability policy in which insurer disputed coverage (negotiated payment of full policy limit after bad faith and coverage lawsuit against insurer in federal court)
- Negotiated multimillion dollar settlement on executive risk excess liability policy in which insurer disputed coverage
- Convinced insurer to reverse its denial of coverage and provide coverage for environmental claim under its general liability policies; recovered over $500,000
- Convinced insurer to reverse its denial of coverage and to provide coverage for environmental claim pursuant to its general liability policies; recovered over $1 million
- Recovered multimillion dollar payment on Directors & Officers (D&O) claim in which coverage was disputed
- Developed coverage arguments that resulted in client obtaining additional $2 million on business interruption claim [related to Hurricane Katrina]
- Negotiated settlement of over $1 million on Employment Practices Liability (EPL) claim that insurer had initially denied
- Numerous representations of various homebuilders and construction companies in litigation, mediation, and private negotiations resulting in obtaining insurance coverage under general liability and excess liability insurance policies for construction defect claims after the insurers denied coverage
- Negotiated several hundred thousand dollar settlement on general liability policies in which insurer had denied coverage and filed declaratory judgment against client
- Assisted clients in monitoring various claims, communicating with insurers, and ultimately obtaining payments from insurers on numerous types of insurance claims in which the insurers were initially raising coverage issues, refusing to pay claims, or failing to timely respond to demands for coverage
- Negotiated several hundred thousand dollar settlement on fiduciary liability policy in which insurer had denied coverage
- Negotiated multimillion dollar settlement in coverage in-place dispute
- Recovered multimillion dollar payment from insurer in insolvency
Professional and Community Involvement
Cincinnati Bar Association
Kentucky Bar Association
Northern Kentucky Bar Association
Ohio State Bar Association
Awards & Recognition
Named to Cincy Leading Lawyers, 2005-2019
News & Resources
- Keating Muething & Klekamp Represents Cintas in Acquisition of Zee Medical from McKesson Corp for Approximately $130 Million08.04.2015
"Getting Liability Insurers to Pay Construction Defect Claims," Housing, May 2007
Articles and Notes Editor, American Criminal Law Review, 1989
Book Review, "Escape of the Guilty," by Judge Ralph Fine, American Criminal Law Review, Vol. 25, No. 2, Fall, 1987
- KMK Law Cybersecurity & Privacy Blog, 04.09.2015
- KMK Law Corporate & Securities Blog, 04.09.2015
- KMK Law Complex Litigation Blog, 04.09.2015
- U.S. District Court, Southern District of Ohio
- U.S. District Court, Eastern District of Kentucky
- U.S. Supreme Court
J.D., Georgetown University Law Center, 1989, cum laude
B.S., University of Cincinnati, 1986, cum laude