Kimberly A. O’Toole



JD, Georgetown University Law Center, cum laude

B.S. B.A. International Management, Georgetown University, summa cum laude

Bar Admissions

US District Courts for the Southern, Eastern, Northern and Western Districts of New York

New York State Bar

Massachusetts State Bar

Grew up in

Ohio and New Jersey

Ms. O’Toole has practiced for more than fourteen years. Ms. O’Toole has been actively involved in the firm’s national and regional interpleader programs for several clients, both litigating cases and managing the programs. She represents insurance companies in health benefits litigation matters including suits alleging breaches of hospital services agreements and fraudulent billing practices by providers. She has defended insurance companies in life insurance matters involving allegations of bad faith and sought recoveries on behalf of companies in agent debt cases. She also represents hotels and property owners in criminal court proceedings and before city agencies relating to various fire and building code and environmental violations.

She previously practiced law for more than six years as a litigator with Shearman & Sterling, representing financial institutions in complex civil litigations. While there, Ms. O’Toole defended corporate clients in domestic and international contract disputes, including the representation of an international bank in a multi-billion dollar breach of fiduciary duty case arising out of the management of an insurance trust. She also counseled banking clients on various issues, including the credit risks associated with lending to corporations with potential litigation exposure to large class action claims. Through a pro bono program sponsored by Shearman & Sterling, Ms. O’Toole spent six months at the Office of the Corporation Counsel, where she successfully tried tort cases for New York City. Ms. O’Toole was also a transactional real estate attorney in solo practice for two years.

Affiliations and Activities

National Association of Minority and Women Owned Law Firms (“NAMWOLF”)

Defense research Institute (“DRI”)

DRI Women in the Law Committee

DRI Law Practice Management Committee

NAMWOLF Restaurant, Retail & Hospital PAC

NAMWOLF Financial Services PAC

Georgetown University Alumni Interviewer October 2001 – present

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


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