Kimberly A. O’Toole

Kim O’Toole is a partner in d’QM’s New York office. She is a commercial litigator who represents corporate clients, financial institutions and government agencies in various complex contractual disputes. Ms. O’Toole has been representing the New York State’s Housing Trust Fund Corporation since 2017 in their recapture efforts against New York residents and small business owners who were ineligible to receive federal grant awards relating to damage sustained from Hurricane Sandy. She is also panel counsel for the New York Housing Finance Agency and related agencies.

Ms. O’Toole defends insurance companies in a variety of life insurance matters including cases involving allegations of bad faith. She is actively involved in the firm’s national and regional interpleader programs for several clients, both litigating cases involving disputed life insurance proceeds and managing the programs working closely with local counsel nationwide.

Ms. O’Toole previously practiced law for more than six years as a litigation associate with Shearman & Sterling, defending corporate clients in domestic and international contract disputes, including an international bank in a multi-billion-dollar breach of fiduciary duty case arising out of management of an insurance trust. She counseled an international bank on credit risks and represented an international bank in foreclosure proceedings on a landmark building. Ms. O’Toole was also on secondment to the office of the Corporation Counsel of the City of New York to try cases on behalf of the City. She has previously practiced as a transactional real estate attorney in solo practice for two years.

Speeches and Publications

• On October 26, 2020, Michelle d’Arcambal, Kimberly O’Toole, and Vedant Gokhale conducted a CLE presentation for a client entitled “Life Insurance Litigation: Recent Topics in Rescission and Interpleader Cases.” The presentation addressed how outside counsel can assist with obtaining information during the regular contestability investigation, situations where policies may be rescinded after the expiration of the two-year contestability period, and avoiding unnecessary costs and potential extra-contractual liability in interpleader matters.
• Panel Speaker, Health Insurance Fraud – Recent Tactics and Strategies, 2012 NAMWOLF Insurance Industry Initiative CLE Program