Katie Pfeifer

Partner

Minneapolis

P: (612) 492-6947

F: (612) 340-2807

Ms. Pfeifer is a trial attorney and a partner in the Minneapolis office of Dorsey & Whitney and the co-Chair of the Insurance Law practice group. She represents clients in all types of complex commercial litigation, with a particular emphasis on insurance coverage disputes, construction litigation, health care litigation, and securities fraud. Her clients include public and private corporations, for-profit and non-profit entities, financial institutions, and individuals.

Representative Work

Provides insurance coverage analysis and advice on behalf of policyholders and represents policyholders in coverage disputes and litigation, with a particular emphasis on insurance coverage issues in construction matters. Also provides insurance coverage advice for commercial contracts and transactions.
Owatonna Clinic—Mayo Health System v. The Medical Protective Co. of Fort Wayne Indiana (D. Minn.): Represented medical clinic in insurance coverage dispute. Primary issue was whether notice was appropriately provided under a 1999 claims-made insurance policy, such that lawsuit filed years later was covered by the policy. Obtained judgment for the full amount of the policy, plus attorneys’ fees and pre- and post-judgment interest, and then briefed and argued the appeal of the matter to the Eighth Circuit, which upheld the district court’s decision in a published opinion.
Hitachi America, Ltd. v. Steadfast Insurance Co. and Aker Construction, Inc. (S.D. New York): Represented subcontractor as intervenor in insurance coverage litigation that was brought by general contractor against insurer providing Subguard insurance for construction of a coal-fired power plant. Primary issue was whether litigation was precluded by previous and ongoing arbitration proceedings between the general contractor and the subcontractor. Case settled.
Liberty Mutual Insurance Co. v. Jotun Paints, Inc., Jotun, Inc., and Zurich American Insurance Co. (E.D. La.): Lead associate representing coating company in declaratory judgment action against insurers to establish coverage for numerous putative class action, products liability lawsuits brought against client. Primary issues were the timing of the purported damage and the doctrine of known loss. Obtained order requiring insurers to defend client against lawsuits.
Kern v. Allina Health System / Johnson v. Fairview Health Services (Minn.): Lead associate representing two health care providers in putative class actions alleging breach of contract and violation of the Minnesota Consumer Fraud Act arising from the amount charged for services for uninsured patients. Assisted in defeating motions for class certification before the district court and later drafting and obtaining Court-approval for a class-wide settlement.
Kootenia Homes v. Federated Insurance Co. and Cincinnati Insurance Co. (Minn.): Lead associate representing general contractor in insurance coverage dispute involving in excess of 30 homes. The issues litigated included, among others, allocation of the damages between the insurers. Prepared successful motion for summary judgment, establishing that the doctrine of "allocation pro rata by time on the risk" did not apply to the claims. Also briefed the subsequent appeal of the district court's decision by one of the insurers, which was upheld by the Minnesota Court of Appeals.
In re Metris Companies Securities Litigation (D. Minn.): Associate in case representing large public corporation in a securities fraud class action. Assisted in preparing successful motion for summary judgment and obtaining dismissal with prejudice of all claims.
Twite v. Ameriquest Mortgage Co. (D. Minn.): Lead associate representing mortgage lender in putative class action alleging violations of Minnesota consumer laws. Assisted in obtaining early dismissal with prejudice of all claims.
State of Minnesota v. Medica Health Plans (Minn.): Lead associate representing health insurer and its Board of Directors in regulatory litigation, brought by the Minnesota Attorney General, involving issues of self-governance. Second-chaired the trial of the matter, which resulted in a 50-page landmark decision dismissing the lawsuit and declaring the Company and its Board free from court supervision.
Barfkneckt v. U.S. Bank National Association et al. (Wis.): Lead associate representing lender and a subsequent purchaser of a company the lender was forced to foreclose upon. Plaintiff brought the lawsuit, alleging that lender and subsequent purchaser were liable for debts of the foreclosed-upon company. Prepared successful motion for summary judgment, establishing no successor liability, and obtaining dismissal with prejudice of all claims.

Presentations

Presented at numerous CLE seminars concerning insurance and related issues, including common insurance issues in construction cases, allocation of risk through insurance, indemnification clauses, ethical issues in managing an insurance claim, and interpretation of insurance policies.
Authored the chapter entitled “Policy Interpretation/Rules of Construction” for the Fourth Edition of the Minnesota Insurance Law Deskbook (2011).

Professional Activities

Member, Minnesota State Bar Association
Member, Hennepin County Bar Association
Member, American Bar Association
Member, Minnesota Women Lawyers
Member, Southern Minnesota Regional Legal Services, Campaign for Legal Aid, Urban Leadership Committee
Volunteer Investigator, Fourth Judicial District Ethics Committee, Hennepin County Bar Association