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John M. Sylvester

Mr. Sylvester is a partner in the firm’s Pittsburgh office. He concentrates his practice in commercial litigation, with an emphasis in insurance coverage litigation and counseling. Mr. Sylvester has handled major environmental insurance coverage litigation pending in the courts of Alabama, Arizona, Connecticut, Delaware, Massachusetts, New Jersey, New York, Oregon, Pennsylvania, Vermont, and Washington. He has also litigated asbestos coverage and insurer bad-faith issues in the courts of the District of Columbia, Kentucky, Louisiana, Massachusetts, Ohio, Pennsylvania and Texas. In addition, he has been involved in insurance coverage litigation relating to product liabilities in Pennsylvania, Ohio, Delaware, California, Illinois, Missouri, Louisiana and West Virginia. He has also handled first-party property coverage litigation, including property damage and business interruption claims, in California, Florida, Georgia, Louisiana, Pennsylvania, Texas, and Washington. He has also counseled clients regarding D&O liability issues and has litigated D&O coverage issues in court and arbitration proceedings. Mr. Sylvester has had substantial dealings with insurance coverage matters relating to Lloyd’s and the London insurance companies, in the marine, non-marine and aviation markets. He has significant trial experience in both insurance coverage actions and in general commercial matters and has argued appeals before both federal and state appellate courts. He has also handled numerous domestic and international arbitrations, including those conducted under the auspices of the AAA, the ICDR, the CPR Institute for Dispute Resolution and the English Arbitration Act, among others. Mr. Sylvester has lectured and published on topics relating to commercial litigation generally and insurance issues specifically.

Partner with K&L Gates since 1993 and an Associate from 1985-1992.

Prior to joining K&L Gates, Mr. Sylvester served as a law clerk to the Honorable Francis L. Van Dusen of the United States Court of Appeals for the Third Circuit in Philadelphia. Prior to attending law school, Mr. Sylvester served on the staff of the U.S. Senate Committee on the Judiciary and the Administrative Office of the United States Courts. 

  • Regularly listed in The International Who's Who of Insurance & Reinsurance Lawyers
  • Regularly listed in Best Lawyers in America and Pennsylvania Super Lawyers for Insurance Law
  • Co-chair, International/London Subcommittee of the Insurance Coverage Litigation Committee of the ABA Section of Litigation
  • Retrospective Premiums - Avoiding Surprises and Understanding Risk Sharing, ABA Insurance Coverage Litigation Committee CLE Seminar, March 6, 2020 (Tucson, AZ)
  • Brexit Issues for Transatlantic Businesses, K&L Gates Briefing, April 12, 2019 (Pittsburgh, PA)
  • Artificial Intelligence Part II: A Paradigm Shift for Insurance, ABA Insurance Coverage Litigation Committee CLE Seminar, March 1, 2019 (Tucson, AZ)
  • Resolutions in the Wake of Disaster, CPR Institute Annual Meeting, March 8, 2018 (Atlanta GA)
  • Artificial Intelligence and Insurance: A Glimpse of the Future, ABA Insurance Coverage Litigation Committee CLE Seminar, March 2, 2018 (Tucson AZ)
  • Insurance Developments Across the Pond: The English Insurance Act of 2015, ABA Insurance Coverage Litigation Committee CLE Seminar, March 3, 2017 (Tucson, AZ).
  • Hot Issues in Bermuda Form Arbitrations, ABA Insurance Coverage Litigation Committee CLE Seminar, March 5, 2016 (Tucson, AZ).
  • Can the Arbitration Process under Bermuda Form Policies be Enhanced for Policyholders? K&L Gates International Arbitration Webinar Series, October 29, 2015 (Webinar).
  • “‘Bending the Cost Curve’ in Long-Tail Liability Coverage: The Berkshire Hathaway Strategy,” ABA Insurance Coverage Litigation Committee CLE Seminar, March 6, 2015 (Tucson, AZ).
  • “Berkshire Hathaway, the New Goliath: Strategies for the Boy David,” ABA Insurance Coverage Litigation Committee CLE Seminar, March 8, 2014 (Tucson, AZ).
  • “Key Issues in Marine Insurance for Global Companies,” RIMS Annual Conference, April 24, 2013 (Los Angeles, CA).
  • “The Concentration of Long-Tail Claims Handling in Berkshire Hathaway’s Resolute Management,” ABA Insurance Coverage Litigation Committee CLE Seminar, March 2, 2012 (Tucson, AZ).
  • “Excess Insurer Issues,” Claims Made and Professional Liability Insurance Conference, Pennsylvania Bar Institute, December 12, 2011 (Pittsburgh, PA).
  • "Business Interruption Defined: What Your Policy Says and What It Means,” RIMS Pittsburgh Chapter Meeting, March 8, 2011 (Pittsburgh, PA).
  • “Key Issues in Bermuda-Form Arbitration Proceedings,” American Bar Association Insurance Coverage Litigation Committee CLE Seminar, March 5, 2011 (Tucson, AZ).
  • “Insurance Coverage for Global Warming Liabilities,” EEI Risk Management Committee Meeting, February 22, 2011 (Orlando, FL).
  • "Bermuda-Form Insurance Coverage Arbitrations in London: Key Issues and Practical Considerations," K&L Gates Recorded Webinar, September 30, 2010.
  • "Key Insurance Coverage Issues Under 'Energy Package' Policies for Offshore Operations," K&L Gates Co-Sponsored Seminar, October 20, 2010 (Houston, TX).
  • "Bermuda-Form Arbitrations in London: Key Issues and Practical Considerations," ABA Webinar, June 24, 2010 (London, England)
  • "The Lloyd's Part VII Transfer and Beyond," ABA Insurance Coverage Litigation Committee CLE Seminar, March 5, 2010 (Tucson, AZ)
  • "Assessing Global Legal Liability Risks," REBEX 2008 Conference, October 24, 2008 (Chicago, IL)
  • "Excess Insurer Issues," Claims Made and Professional Liability Insurance Conference, Pennsylvania Bar Institute, August 12, 2008 (Pittsburgh, PA)
  • "Risk Management for Global Corporations – Assessing Global Legal Liability Risks," 2008 RIMS Annual Conference, April 29, 2008 (San Diego, CA)
  • "The Equitas/Berkshire Hathaway Transaction: How Will It Affect Your Claim?," ABA Section of Litigation - Insurance Coverage Committee CLE Seminar, February 29, 2008 (Tucson, AZ)
  • "Key Issues in Property Damage and Business Interruption Coverage for Natural Disasters and Industrial Accidents," Seminar sponsored by K&L Gates and UHY Advisors, September 18, 2007 (Houston, TX)
  • "Pursuing Historical Insurance Coverage for Environmental Cleaning Costs," C-5's Advanced Conference on Environmental Liability and Insurance, July 6, 2007 (London, England)
  • "Effective Cross-Examination Techniques," KASE Summer Trial Advocacy Program, June 28, 2007 (Pittsburgh, PA)
  • "Understanding Lloyd's, Equitas and the London Insurance Market," Fundamentals of Insurance Coverage Law Conference, sponsored by Lexis/Nexis, February 8, 2007 (Washington, DC)
  • Broker Liability and Related Concepts, K&L Gates Insurance Coverage Training Series, August 10, 2006 (Pittsburgh, PA)
  • The Policyholder's Perspective on Insurer Insolvencies and Runoffs, Insurance Runoff Management Conference, sponsored by Informa, February 28, 2006 (London, England).
  • "Insurance Coverage in the UK for Products and Premises Liabilities," Maximising Returns From Your Insurance Assets: Protecting Your Company's Bottom Line, sponsored by K&L Gates, March 15 and 16, 2005 (Manchester and London, England).
  • "Understanding Lloyd’s and Equitas," Reinsurance 101 Conference: Litigation and Arbitration, sponsored by Mealey’s Publications, February 14, 2005 (Washington, D.C.).
  • "Policyholder Recourse in the Event of Equitas Insolvency," Equitas Claims and Insolvency Roundtable, sponsored by Astor Law Firm and Kirkpatrick & Lockhart LLP, March 2, 2004 (Washington, D.C.)
  • "Understanding Lloyd's and Equitas," Fundamentals of Insurance Coverage Law Conference, sponsored by Mealey's Publications, March 20, 2003 (Philadelphia, PA).
  • "Key Issues in First-Party Property Coverage for Mold-Related Claims," Mold Insurance Litigation Conference, sponsored by Mealey's Publications, September 23, 2002 (Chicago, IL).
  • "Policyholder Recourse in the Event of Equitas Insolvency," Lloyd's and Equitas 2002, sponsored by the American Bar Association, May 14, 2002 (Chicago, IL).
  • "Insurance Related Issues in the Context of Asbestos Bankruptcies," Asbestos and Mold Insurance Conference, sponsored by Mealey's Publications, March 14, 2002 (Los Angeles, CA) and April 18, 2002 (Philadelphia, PA).
  • "Litigating In The London Market:  Overview of Current Issues," Insurance Coverage in the New Millennium, sponsored by ALI-ABA.  October 12, 2001 (New York, NY).
  • "Bringing Suit Against Equitas on a Lloyd's Policy," Lloyd's and Equitas 2001, sponsored by American Bar Association, May 25, 2001 (Chicago, IL). 
  • "Lloyd's and Equitas:  Recent Asbestos Claims Strategy," Lloyd's and Equitas 2001, sponsored by American Bar Association, May 24, 2001  (Chicago, IL).
  • "The Relationship between Claims Defense and Insurance Recovery Efforts," Insurance Coverage Seminar, sponsored by DuPont Legal Department, December 1, 1999 (Wilmington, DE).
  • "Litigating Against Lloyd's in Federal Court:  Is It Still Possible?" Lloyd's and the London Insurance Market 1999:  Capitalizing on Change, sponsored by the Practising Law Institute, April 9, 1999 (New York, NY).
  • "Suing Lloyd's on a Lloyd's Insurance or Reinsurance Policy," Environmental Reinsurance Conference, sponsored by Mealey's Publications, November 19, 1998 (West Palm Beach, FL).
  • "Taking Depositions To Win," Seminar on Complex Commercial Litigation, Part II, sponsored by Duquesne University Law School, August 26, 1997 (Pittsburgh, PA).
  • "Effective Discovery Strategies In MGP Coverage Litigation: The Policyholder's Perspective," The 2d Annual Conference on Recovering Manufactured Gas Plant Cleanup Costs, sponsored by Fulcrum Information Services, Inc., January 27, 1997 (Washington, D.C.).
Additional Thought Leadership Pages
  • "Pennsylvania COVID Insurance Bill Differs From Other States' Proposals," Law360, 19 April 2020
  • Artificial Intelligence: A Paradigm Shift for Insurance, ABA Insurance Coverage Litigation Committee Publication, March 2019
  • Artificial Insurance and Insurance: A Glimpse of the Future, Insurance Coverage, ABA Insurance Coverage Litigation Committee Publication, March 2018 (Co-Author)
  • Pennsylvania’s Trigger of Coverage for Continuous Property Damage Liabilities: Confirming the “Continuous Trigger for Latent Environmental Claims, Tort, Trial & Insurance Practice Law Journal, Vol. 53-1, February 2018 (Co-Author)
  • "Policyholder Litigation Challenging the Claims-Handling Conduct of Resolute Management," Environmental Claims Journal Vol. 26, Issue 2 (May 2016)
  • Leveling the Playing Field in Bermuda Form Arbitrations: The Policyholders’ Perspective, paper submitted for ABA Insurance Coverage Litigation Committee Seminar (March 2016)
  • When Marine Insurance Laws Don’t Protect Policyholders, Insurance Law 360 (July 9, 2015)
  • “Rebutting the ‘Agency’ Defense to Tortious Interference Claims against National Indemnity Company and Resolute Management,” Insurance Coverage Litigation (Spring 2015) (Co-Author).
  • “Policyholder Litigation Involving Claims Handling by Resolute Management Inc.,” paper submitted for ABA Insurance Coverage Litigation Committee Seminar (January 2014 and January 2015).
  • “Insurance Coverage for Long-Tail Liabilities: Recent Trends and Concerns,” Aspatore Thought Leadership: Insurance Law 2012, Aspatore Books, 2012.
  • “Recent Trends in Property and Casualty Insurance Law: New Issues and Challenges for Insurance Lawyers,” Aspatore Thought Leadership: Insurance Law 2010, Aspatore Books, 2010.
  • “The Evaluation and Settlement of Insurance Coverage Claims from the Policyholder’s Perspective,” Chapter 4, Inside the Minds Series, Aspatore Books, 2007.
  • “Threatened Equitas Insolvency: Is the Lloyd’s ‘Chain of Security’ Really Secure?” Journal of Insurance Coverage, Summer 2002 (Co-Author).
  • Insurers Seek to Convert the Pollution Exclusion Into a Catch-All Exclusion,” Pittsburgh RiMarks, Risk and Insurance Management Society – Pittsburgh Chapter, April 2001.
  • “Arbitration Clauses in Insurance Policies: Traps for the Unwary,” Pittsburgh RIMarks, Risk and Insurance Management Society – Pittsburgh Chapter, October 2000.
  • “Insurance Issues Surrounding Pipe-Related Liabilities,” Journal of American Waterworks Association, July 2000 (Co-Author).
  • “Insurance Coverage for Damage Caused by Mold and Fungus Infestation,” Construction Law & Business, Summer 2000 (Co-Author).
  • “Understanding the ‘Dual Agency’ Role of Insurance Brokers,” Pittsburgh RIMarks, Risk and Insurance Management Society – Pittsburgh Chapter, March 2000.
  • “Insurance Coverage for Mold and Fungi Exposure Claims,” Insurance Coverage Bulletin, September 1999 (Co-Author).
  • “Litigating Against Lloyd’s in Federal Court: Is It Still Possible?” Tort & Insurance Law Journal, Summer 1999 (Co-Author).
  • “Insurance Coverage For Pipe-Related Liabilities: Not Just A Pipe Dream,” Journal of Insurance Coverage, Autumn 1998 (Co-Author).
  • “Suing Equitas on a Lloyd’s Policy: Lifting The London Fog,” Mealey’s Litigation Reports: Insurance, October 13, 1998 (Co-Author).
  • “Litigation of Insurance Coverage Disputes,” Chapter 26 of Policyholder’s Guide To The Law of Insurance Coverage, 1997.
  • “Co-Insurers Bound Under ‘Follow-The-Settlements’ Provision,” The John Liner Review, Spring 1997 (Co-Author).
Additional News & Event Pages
  • Mentioned, W.Va. Judge Says 3 Exclusions Do Not Bar Coverage For Chlorine Gas Damages, Mealey’s Insurance, 30 November 2021
  • Mentioned, "Insurer Claims It Did Not Breach Contract In Benzene Exposure Dispute," Mealey’s Litigation Report, 29 July 2021
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