Illinois

• Prevailed in Illinois Supreme Court on premises liability issue of first impression.
• Obtained summary judgment for one of Waukegan's liability insurance companies, proving that the insurer's policy did not cover a claim brought by two men convicted of murder, but released after 16 years.
• Established the validity of a covenant not to compete in the employment contract of a former senior level executive after a five-day bench trial and subsequent appeal to the Illinois Court of Appeals.
• Obtained judgment that excess "follow form" insurer covers attorney fee award as damages and not supplemental payment where underlying insurance defines attorney fees "as damages.
• Obtained summary judgment for defendant excess insurer, defeating bad faith claims and negating approximately $8.3 million in potential exposure, on the basis that damages awarded against Plaintiff in an underlying arbitration were not by reason of liability imposed because of “personal and advertising injury.”
• Litigated declaratory judgment action on behalf of insurer seeking a finding of no coverage under primary D&O policy.
• Obtained summary judgment based on no additional insured coverage where claim did not arise out of the named insured's work.
• Persuaded appellate court to adopt reinsurer’s position limiting liability under facultative certificate in issue of first impression in Illinois.
• Analyzed D&O policy for coverage arising out of derivative litigation following the multi-billion dollar sale of the insured.
• Defended London insurer in declaratory judgment action seeking coverage under Insurance Broker E&O policy.
• Represented Bermuda insurer in declaratory judgment action seeking declaration of no coverage under D&O policy.
• Litigated declaratory judgment actions on behalf of insurers in connection with product liability, federal securities violations, wrongful death, D&O liability, and personal injury.
• Represented U.S. insurer in declaratory judgment action seeking declaration of no coverage under D&O policy, and defended counterclaims for breach of contract, declaratory judgment, and statutory bad faith.
• Defended London insurer in declaratory judgment action seeking coverage under E&O policy.
• Represented London insurer in lawsuit filed by insured title company alleging insurer improperly denied coverage under escrow security bond.
• Evaluated coverage under D&O policy and acted as monitoring counsel related to securities class action and derivative actions filed against insured healthcare company.
• Assessed coverage under E&O policy for claims of negligence, breach of contract, and breach of fiduciary duty against privately-held company.
• Represented insurer in declaratory judgment action seeking declaration of no coverage under D&O policy, and defended counterclaims for breach of contract, declaratory judgment, and statutory bad faith.
• Defended London insurer in declaratory judgment action seeking coverage under E&O policy.
• Represented primary carrier in declaratory judgment action involving D&O policy.
• Evaluated coverage, drafted coverage letters, and negotiated settlement with insured based on Insured’s breach of the consent to settle provision of a D&O policy.
• Drafted settlement agreement with insured involving breach of consent provision of professional liability policy.
• Examined coverage under a D&O policy arising out of various securities, derivative and government investigations brought against a for-profit college institution.
• Evaluated coverage under a fiduciary liability policy for an “excessive fee” lawsuit.
• Drafted coverage letter under a professional liability policy in connection with a lawsuit alleging violation of the TCPA and Illinois Consumer Fraud Act.
• Examined coverage under investment management liability policy for receivership action against directors and officers of insured.
• Drafted coverage letter under a professional liability policy in connection with a TCPA lawsuit filed against one the largest personal lines insurers in the country.
• Defended primary privacy and cyber liability insurer in coverage litigation alleging breach of contract and bad faith claims in connection with whether an FTC investigation constituted a Claim for a Wrongful Act.
• Drafted coverage letter for client in privacy and cyber liability matter arising from potential violations of the False Claims Act in marketing.
• Evaluated coverage under primary D&O policy for an energy efficiency company in connection with securities and derivative litigation and an SEC investigation arising from an accounting scandal.
• Assessed coverage under D&O policy for allegations against real estate investment firm’s alleged securities violations.
• Analyzed coverage under D&O policy for securities and derivative litigation arising from healthcare data breach.
• Drafted letter for client denying coverage under management liability policy based on insured capacity issues.