Richard J. Kirschman

Rick focuses on trial work involving product liability defense and insurance coverage/bad faith litigation, including related commercial and construction issues. Respected for his analytical and writing skills, Rick has significant experience which has enabled him to achieve successful results in both state and federal court. These achievements have primarily concerned product defect, insurance coverage, and bad faith matters, both pre and post-litigation. Rick has also represented a diverse range clients, including individuals, small businesses, government entities, and multinational corporations. Rick’s success is fostered by early problem identification, comprehensive situational analysis of clients’ individual needs, and developing effective strategies for resolution.

While Rick has earned outstanding successes through summary judgment practice and resolutions that protect his clients’ interests, he has also tried dozens of cases to verdict and successfully handled and argued appeals. His appellate work has entailed oral arguments in the Iowa Supreme Court, Iowa Court of Appeals, and Eighth Circuit Court of Appeals.

Rick completed the Northwestern University School of Professional Studies Mediation Skills Training in Chicago, IL in May 2019. This intensive program included important topics such as reaching resolution with parties holding divergent interests, conflict mediation, commercial mediation and arbitration, and more.

As a researcher on insurance coverage/bad faith and product liability issues, Rick has authored numerous scholarly and professional articles and lectured on these topics.

Contact Rick today or call 515-288-6041 for more information. 

Honors & Recognitions

• Distinguished® Peer Rating by Martindale- Hubbell
• Selected for inclusion in the Best Lawyers in America in the area of Commercial Litigation (2024—2025)

Cases Presentations & Publications

Selected Published Cases

• Katzenmeier v. Blackpowder Products, Inc., 628 F.3d 948 (8th Cir. 2010)
• Weitz Co., LLC v. Lloyd’s of London, 574 F.3d 885 (8th Cir. 2009)
• Dico, Inc. v. Chemical Co., 340 F.3d 525 (8th Cir. 2003)
• Wright v. Brooke Group Ltd., 652 N.W.2d 159 (Iowa 2002)
• Boyd v. Norman (In re Estate of Boyd), 634 N.W.2d 630 (Iowa 2001)
• McClure v. Walgreen Co., 613 N.W.2d 225 (Iowa 2000)
• City of Burlington v. Western Surety Co., 599 N.W.2d 469 (Iowa 1999)
• Lovick v. Wil-Rich, 588 N.W.2d 688 (Iowa 1999)
• Jackson v. Travelers Ins. Co., 26 F. Supp.2d 1153 (S.D. Iowa 1998)
• Amerson v. Iowa, 94 F.3d 510 (8th Cir. 1996)
• Trostel v. American Life & Cas. Ins. Co., 92 F.3d 736 (8th Cir. 1996)
• Patton v. TIC United Corp., 77 F.3d 1235 (10th Cir. 1996)
• Schaffer by Schaffer v. A.O. Smith Harvestore Products, Inc., 74 F.3d 722 (6th Cir. 1996)
• Bressler v. Graco Children’s Products, 43 F.3d 379 (8th Cir. 1994)

Selected Publications and Presentations

• Author (with Kevin M. Reynolds), “Defense Techniques for Arguing Damages” Defense Update published by the Iowa Defense Counsel Association, Winter 2018 (Vol. XX, No. 4, Page 1)
• Author, "The Restatement of the Law Liability Insurance: A Restatement That Wasn't" Defense Update published by the Iowa Defense Counsel Association, Summer 2018 (Vol. XX, No. 3, Page 1) 
• Co-Presenter, "Construction Law: Advanced Issues and Answers," National Business Institute Seminars, Des Moines, Iowa, February 2017
• Presenter, "Defining 'Occurrence,' 'Property Damage,' 'Accident' and 'Faulty Workmanship' with Recent Case Law" National Business Institute Seminar, December 9, 2015
• Presenter (with Stephen W. Tyler), "Trigger Allocation and Allegations; When did the Trigger Occur?" National Business Institute Seminar, December 9, 2015
• Author (with Kevin M. Reynolds), “Iowa Products Liability Law” Defense Update published by the Iowa Defense Counsel Association, Winter 2014 (Vol. XVI, No. 1, Page 1)