Ann Kirk’s practice focuses primarily on providing insurance coverage advice and representing insurers in litigation. Ann has provided numerous coverage opinions to insurers regarding a variety of first-party and third-party claims, addressing various states’ laws. She works closely with adjusters, building consultants, engineers, and forensic accountants to negotiate pre-suit resolution of large property damage claims. When claims cannot be resolved, Ann regularly represents insurers (as well as brokers, managing general agents, and coverholders) in litigation in state and federal courts. In both the first-party and third-party context, she has litigated declaratory judgment actions on behalf of insurers, and she has defended insurers and their business partners in breach of contract and bad faith actions.
Ann serves as appointed defense counsel, representing insureds in litigation alleging personal injury, construction defect, and premises liability. Ann also assists a self-insured entity by analyzing and providing advice regarding its defense and indemnity obligations to its business partners.
Ann spent four months on secondment in the Lloyd’s, London insurance market, working with the legal team of a leading Lloyd’s syndicate on a broad range of the syndicate’s worldwide claims at all phases of the claims process, including claims investigation and adjustment, coverage analysis, litigation and resolution. Ann also worked with underwriters to draft U.S. policy wordings.
Prior to joining Fields Howell, Ann served as a staff attorney for the U.S. Court of Appeals for the Eleventh Circuit.
Representing insurers in coverage litigation with respect to numerous property damage claims at residential and commercial properties, arising from a variety of perils including hail, theft, fire, vandalism, windstorm, and flood.
Representing insurers in rescission actions based on material misrepresentations in policy applications and in claims where arson or other types of fraud are suspected.
Representing London and domestic insurers in coverage litigation stemming from cult leader’s alleged sexual abuse of minors.
Obtained summary judgment, upheld by the 11th Circuit, for a London insurer facing a claim for a second fire to a property previously deemed a total loss.
On behalf of London and foreign insurers, successfully resolved large property damage claim, including time element components, stemming from collapsed barge slip.
On behalf of London, Bermuda, and domestic insurers, successfully resolved fire claim at battery manufacturing plant, including complex issues related to insured’s bankruptcy and landlord’s effort to recover under the insured’s policy.
Represented foreign insurer in coverage litigation related to class action arising from general contractor’s construction of hundreds of homes.
Represented London insurers in arbitration of coverage issues in relation to a Fortune 100 retail chain’s $75 million Hurricane Katrina claim for property damage and extra expense.
State Bar of Georgia
State Bar of Illinois
Atlanta Bar Association
Illinois State Bar Association
Georgia Association of Women Lawyers
Defense Research Institute, Member
Georgia Super Lawyers, Rising Star in Insurance Coverage, 2012-2018