Paul T. Curley, Associate
pcurley@kbrlaw.com

Paul T. Curley is an associate attorney specializing in insurance coverage matters, particularly in the area of directors and officers liability. Mr. Curley represents primary and excess insurers in complex coverage matters involving securities fraud class actions, shareholder direct and derivative suits and state and federal regulatory investigations and enforcement actions. Prior to joining Kaufman Borgeest & Ryan LLP, Mr. Curley represented individual and institutional investors in securities class actions brought under the federal securities laws and shareholder suits alleging breaches of fiduciary duties by corporate directors and officers. Mr. Curley is a graduate of the College of the Holy Cross and Brooklyn Law School. He is admitted to practice in the State of New York as well as the Southern and Eastern Districts of New York.

Mr. Curley's published articles include U.S. Supreme Court Says No To "Holder Actions," Professional Liability Underwriting Society Journal, Volume XIX, Number 5 (2006), Enron Court Dismisses "Scheme Liability" Claim Against Bank as Non-Actionable Aiding and Abetting, Professional Liability Underwriting Society Journal, Volume XIX, Number 9 (2006), Court Declines to Dismiss Backdating and Springloading Claims, Professional Liability Underwriting Society Journal, Volume XX, Number 5 (2007), Insured's Contribution to Settlement Fails to Trigger Excess D&O Policy Where Primary Carrier Pays Less Than Full Limits, Professional Liability Underwriting Society Journal, Volume XX, Number 10 (2007) and The Subprime Mortgage Crisis, Professionals’, Officers’ and Directors’ Liability Committee Newsletter (Winter 2008).

Mr. Curley also has authored numerous client advisories and other writings, including Backdated Executive Options, June 30, 2006 (discussing potential coverage issues with regard to allegations of backdated stock option grants, as well as the accounting and legal issues concerning such matters); US Supreme Court Rejects Liability for Secondary Actors, January 15, 2008 (discussing the Supreme Court's Stoneridge decision, which largely rejected scheme liability under Section 10(b) for secondary actors); Failure to Seek Consent for Settlement Supports Denial of Coverage, March 17, 2008 (discussing a decision by the New York Court of Appeals holding that an insured may not recover settlement payments from its carriers due to its breach of a policy provision obligating it to obtain the consent of carriers before settling certain claims); Seventh Circuit Addresses Multitude of Coverage Issues in Context of ERISA Class Action, May 2, 2008 (discussing 7th Circuit decision, which ruled on a number of important coverage issues, including: settlement and consent; the benefits due exclusion; undue delay by a carrier and waiver of coverage defenses; and the appropriate scope of evaluation of a complaint in connection with a determination of whether it triggers coverage); and Subprime Meltdown Evolves into Credit Crisis, Spring 2008 (discussing the spread of the crisis beyond subprime, with a focus on auction rate securities and credit default swaps).

Practice Areas
Directors and Officers Liability
Fiduciary Liability

Education
J.D. Brooklyn Law School, 1997
B.A. College of the Holy Cross, 1993

Bar and Court Admissions
U.S. District Courts - Southern and Eastern Districts of New York - Admitted 1999
New York - Admitted 1998

Other Professional Affiliations
Professional Liability Underwriting Society
Association of the Bar of the City of New York American Bar Association