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Chapter 1 — An Introduction to Commercial and Professional Liability Insurance -
I. [1.1] Identifying the Pertinent Coverage - [1.2] Identifying Whether a Client Has Standing To Seek Coverage Under the Policy
- [1.3] Identifying the Type of Coverage Implicated by the Damage, Loss, or Injury at Issue
- [1.4] Commercial General Liability Insurance
- [1.5] Professional Liability Insurance
- [1.6] Other Types of Potentially Relevant Insurance
- [1.7] Owners and Contractors Protective Liability Insurance
- [1.8] Directors and Officers Liability Insurance
- [1.9] Fiduciary Responsibility Liability Insurance
- [1.10] Media Insurance
- [1.11] Intellectual Property Insurance
- [1.12] Fidelity Bonds and Fidelity/Dishonesty Insurance
- [1.13] Employment Practices Liability Insurance
- [1.14] Commercial Crime Insurance
- [1.15] Cyber Liability Insurance
- [1.16] Commercial Automobile Insurance
- [1.17] Personal Lines Insurance (Homeowners/Automobile)
- [1.18] Property Insurance
- [1.19] Builders Risk Insurance
- Identifying the Basis on Which Coverage Is Provided
- [1.20] Claims-Made vs. Occurrence-Based Coverage
- Primary and Excess-Insurance Coverage
- [1.21] Primary Insurance
- [1.22] Excess Insurance and Umbrella Insurance
- [1.23] Fronting Policies
- [1.24] Retrospectively Rated Insurance
- Liability Limits, Self-Insured Retentions, and Deductibles
- [1.25] Liability Limits
- [1.26] Deductibles vs. Self-Insured Retentions
- [1.27] Number of Occurrences
- [1.28] Related/Interrelated Claims
- II. [1.29] Notice
- III. [1.30] Cooperation
- IV. Insurer’s Duty To Defend and Duty To Indemnify
- [1.31] Duty-To-Defend Standard
- [1.32] Duty-To-Indemnify Standard
- General Rules of Policy Interpretation
- [1.33] Rules Governing the Interpretation of Policy Language That Does Not Limit or Exclude Coverage
- [1.34] Rules Governing the Interpretation of Policy Language That Limits or Excludes Coverage
- [1.35] Parol Evidence
- [1.36] Contra Proferentem Doctrine
- [1.37] Sophisticated Policyholders
- [1.38] Reasonable Expectations
- Limits on the Insurer’s Duty to Defend and Consequences of Breach
- Limits on Insurer’s Duties
- [1.39] Settlements or Judgments That Exhaust the Policy’s Liability Limits
- [1.40] Pre-Tender Defense Costs
- [1.41] Selective Tender of Defense
- Consequences of a Breach
- [1.42] Estoppel of Defenses to Indemnity
- [1.43] Bad Faith
- [1.44] Reservation of Rights Letters, Nonwaiver Agreements, and Declination Letters
- [1.45] Reservation of Rights Letters
- [1.46] Nonwaiver Agreements
- [1.47] Declination Letters
- V. [1.48] Choice of Law
- VI. [1.49] Limitations Periods
- VII. Trigger and Allocation
- VIII. Potential Applicability of Other Parties’ Coverage — Other Parties’ Insurance Procurement and Maintenance Obligations
- XI. Documentation Problems
- X. [1.56] Conclusion
- Chapter 2 — Introduction to Professional Liability Coverages
- I. [2.1] Scope of Chapter
- II. [2.2] I’m a Professional. Who Would Ever Sue Me?
- III. Attorney Malpractice Insurance
- [2.7] Professional Services
- [2.8] Services Rendered to Others
- [2.9] Wrongful Act
- [2.10] Related Claims
- [2.11] Fiduciary Acts Coverage
- [2.12] Dishonest Acts Exclusion
- [2.13] Business Enterprise Exclusion
- Miscellaneous Exclusions
- [2.14] Legal Fees Exclusion
- [2.15] Sanctions Exclusion
- [2.16] Exclusion for Violations of Statutes and Ordinances
- [2.17] Insured Versus Insured Exclusion
- [2.18] Innocent Insured Provision
- [2.19] Voluntary Payments Provision
- IV. Healthcare Malpractice Insurance
- V. Insurance Producer (Agent/Broker) Malpractice Insurance
- VI. Architect/Engineer Malpractice Insurance
- VII. Accountant Malpractice Insurance
- VIII. Directors and Officers Liability Insurance
- IX. [2.43] Miscellaneous Professional Liability Policies
- Chapter 3 — Professional Liability Claims-Made Issues
- I. [3.1] Historical Overview
- II. [3.2] Occurrence Policies
- III. [3.3] Claims-Made and Hybrid Claims-Made Policies
- IV. [3.4] What Is a Claim?
- V. [3.5] When Is a Claim Made?
- VI. [3.6] Prior Acts/Retroactive Date
- VII. [3.7] Application for Insurance
- VIII. [3.8] Discovery Clause
- IX. [3.9] Extended Reporting/Tail Coverage
- X. [3.10] Notice Conditions in Claims-Made Policies
- Chapter 4 — Introduction to Commercial Liability Coverages — Overview of the Forms
- I. [4.1] Introduction
- II. Coverage A — Bodily Injury and Property Damage Liability
- III. Coverage B — Personal and Advertising Injury Liability
- IV. [4.12] Coverage C — Medical Payments Coverage
- V. [4.13] Supplementary Payments — Coverages A and B
- VI. [4.14] Who Is an Insured?
- VII. [4.15] Limits of Insurance
- VIII. [4.16] Commercial General Liability Conditions
- IX. [4.19] Definitions
- X. [4.20] Conclusion
- Chapter 5 — Commercial Liability/Occurrence Issues
- I. [5.1] Scope of Chapter
- II. [5.2] Contemporary Definition of an “Occurrence”
- III. Historical Perspective
- IV. [5.6] What Is an Accident?
- [5.7] Expected or Intended Event
- [5.8] Sexual Assault or Abuse
- [5.9] Assault and Battery
- [5.10] Lack of Mental Capacity
- [5.11] Intoxication
- [5.12] Firefighter Injury from Intentional Fire
- [5.13] Civil Conspiracy and Intentional Acts
- [5.14] Respondeat Superior Liability
- [5.15] Defamation
- [5.16] Employment Practices Claims
- [5.17] Trespass and Intentional Noxious Emissions
- [5.18] Foreseeable Property Damage from Intentional Acts of Insured on Motorized Personal Property
- [5.19] Wrongful Tree Cutting
- [5.20] Business Decisions
- [5.21] Failure To Disclose or False Statements
- [5.22] Property Damage to Defective Construction Work
- [5.23] The Qest System — The Cost of Removing and Replacing Building Components That Have Not (Yet) Failed
- [5.24] Negligent Inspection of Construction
- [5.25] Negligent Labeling of Product Incorporated into Another Product
- Date of Occurrence
- [5.26] Toxic Materials: Multiple or Continuous Triggers of Coverage
- [5.27] Pollution Causing a Sudden Calamity
- [5.28] Food Service
- [5.29] Sexual Abuse
- [5.30] Coronavirus
- [5.31] Multiple Occurrences — Cause of Injury or Damage
- [5.32] Food Service
- [5.33] Motor Vehicle Accidents
- [5.34] Negligent Supervision
- [5.35] Professional Negligence
- [5.36] Employment Discrimination
- [5.37] Theft of Money Gathered from Multiple Locations
- [5.38] Multiple Deaths — The Time and Space Test
- [5.39] Coronavirus — Multiple Variants
- V. [5.40] Conclusion
- Chapter 6 — Understanding Fundamental Language of Commercial General Liability Policies
- I. [6.1] Introduction
- II. Bodily Injury: Physical Harm Required
- III. Property Damage: Physical Injury to or Loss of Use of Tangible Property
- IV. Professional Services: A Matter of Context
- V. Personal and Advertising Injury
- [6.15] ISO CGL Policy Definition of “Personal and Advertising Injury”
- Caselaw Interpreting the Elements of the “Personal and Advertising Injury” Definition in the Context of Personal Injury
- [6.16] “False Arrest, Detention or Imprisonment”
- [6.17] “Malicious Prosecution”
- [6.18] “Oral or Written Publication . . . of Material That Slanders or Libels a Person or Organization or Disparages a Person’s or Organization’s Goods, Products or Services”
- [6.19] “Oral or Written Publication . . . of Material That Violates a Person’s Right of Privacy”
- [6.20] “Wrongful Eviction . . . Wrongful Entry . . . or Invasion of the Right of Private Occupancy”
- Advertising Injury
- [6.21] Advertising Injury Coverage and the ISO CGL Policy Definition of “Advertisement”
- [6.22] Caselaw Definitions of “Advertisement”
- Caselaw Interpreting the Elements of the “Personal and Advertising Injury” Definition in the Context of Advertising Injury
- [6.23] “Oral or Written Publication . . . of Material That Slanders or Libels a Person or Organization or Disparages a Person’s or Organization’s Goods, Products or Services”
- [6.24] “Oral or Written Publication . . . of Material That Violates a Person’s Right of Privacy”
- [6.25] Unfair Competition and Piracy
- [6.26] “Misappropriation of Advertising Ideas or Style of Doing Business”
- [6.27] “Infringing upon Another’s Copyright . . . or Slogan in Your ‘Advertisement’ ”
- [6.28] “Infringing upon Another’s . . . Trade Dress . . . in Your ‘Advertisement’ ”
- Chapter 7 — Intentional Act Exclusion
- I. [7.1] Introduction
- II. [7.2] Application of Intentional Act Exclusion
- [7.3] Assault and Battery
- [7.4] Effect of Underlying Criminal Prosecution Against the Insured
- [7.5] Negligent Supervision of a Tortfeasor Who Assaults the Claimant
- [7.6] Self-Defense Exception to the Intentional Act Exclusion
- [7.7] Law Enforcement Exception to the Intentional Act Exclusion
- [7.8] Attempts To Plead Around an Intentional Act Exclusion
- [7.9] Arson
- [7.10] Intoxication Negating Intent
- [7.11] Insanity/Diminished Capacity Negating Intent
- [7.12] Sexual Abuse/Molestation — Presumed Intent
- [7.13] Products Liability
- [7.14] Trespass
- [7.15] Racketeering or Conspiracy
- [7.16] Junk Faxes and Telemarketing
- [7.17] Fraud, Misrepresentation, and Defamation
- [7.18] Criminal Act Exclusion
- [7.19] Malicious Prosecution
- III. [7.20] Professional Services
- Chapter 8 — Exclusion by Risk
- I. [8.1] Scope of Chapter
- II. [8.2] Workers’ Compensation Exclusion and Employee Exclusion
- III. [8.6] Sistership Exclusion
- IV. [8.9] Aircraft, Auto, or Watercraft Exclusion
- V. [8.15] Liquor Liability Exclusion
- VI. [8.16] Care, Custody, or Control Exclusion
- VII. [8.19] Vendor’s Endorsement
- VIII. [8.20] Contractual Liability Exclusion
- IX. [8.24] Damage-to-Product and Damage-to-Work Exclusions
- Chapter 9 — Other Insurance
- I. [9.1] Scope of Chapter
- II. [9.2] Types of Other-Insurance Clauses
- III. [9.6] Reconciling Other-Insurance Clauses
- [9.7] Parties’ Intent in Construing Other-Insurance Clauses
- [9.8] Rules in Establishing Priority Between Competing Other-Insurance Clauses: Illinois Follows the Majority Rule
- [9.9] When Neither Policy Contains an Other-Insurance Clause
- [9.10] When Only One Policy Contains an Other-Insurance Clause
- [9.11] Pro Rata Clause vs. Pro Rata Clause
- [9.12] Excess Clause vs. Excess Clause
- [9.13] Escape Clause vs. Escape Clause
- [9.14] Pro Rata Clause vs. Excess Clause
- [9.15] Pro Rata Clause vs. Escape Clause
- [9.16] Excess Clause vs. Escape Clause
- [9.17] Self-Insurance as “Other Insurance”
- IV. [9.18] Allocating Losses Among or Between Consecutive Insurers
- V. [9.25] Contribution Between Insurers
- [9.26] Insurer Whose Coverage Is Triggered Cannot Seek Equitable Contribution from Another Carrier Whose Coverage the Insured Has Refused To Invoke
- [9.27] Relationship to the Illinois Joint Tortfeasor Contribution Act
- [9.28] Identity of Parties, Interests, and Risks
- [9.29] Implied Waiver of Coinsurer’s Right To Contest Reasonableness of Settlement
- [9.30] Allocating Defense Costs
- VI. [9.31] Issues Unique to Claims-Made Policies
- VII. [9.35] Conclusion
- Chapter 10 — Notice and Cooperation
- I. [10.1] Scope of Chapter
- II. Duties of the Insured — Notice of Occurrence or Claim
- [10.2] Policy Language
- [10.3] Requirement for Coverage
- [10.4] What Constitutes an Occurrence or Claim?
- [10.5] Occurrence and Claims-Made Policies
- [10.6] Immediate Notice
- [10.7] Delay in Giving Notice
- [10.8] Excuses for Failure To Give Notice
- [10.9] Difference Between Primary and Excess Coverage
- [10.10] Claims-Made Coverage
- [10.11] Content of Notice
- [10.12] Sufficiency of Notice for Multiple Claims
- [10.13] Failure To Give Notice/Late Notice
- [10.14] Environmental Coverage
- [10.15] Prejudice to the Insurer
- [10.16] Estoppel
- III. Duties of the Insured — Notice of Suit
- IV. Duties of the Insured — Cooperation
- [10.25] Policy Language
- [10.26] Named Insureds and Others
- [10.27] Submission to Service of Process
- [10.28] Providing Information About the Claim
- [10.29] False Statements Resulting in No Coverage
- [10.30] Maintaining Coverage After False Statements
- [10.31] Attendance at Trial and Deposition
- [10.32] Insurer’s Duty To Seek Cooperation
- [10.33] Insured’s Failure To Seek Other Coverage
- [10.34] Creating an Uninsured Motorist Claim
- [10.35] Colluding with Claimant
- [10.36] Prejudice to Insurer
- Chapter 11 — Number of Occurrences or Claims
- Chapter 12 — Coverage Issues Raised by E-Mail and the Internet
- I. [12.1] Introduction to Cyberclaim Risks
- II. [12.2] Third-Party Cyberclaim Risks
- [12.3] Defamation
- [12.4] Introduction to Defamation Law
- [12.5] Defamation Claims in Cyberspace
- [12.6] Communications Decency Act
- [12.7] John Doe Suits
- [12.8] Invasion of Privacy
- [12.9] Invasion of Privacy in Cyberspace
- [12.10] Examples of Internet-Related Invasion of Privacy Claims
- Copyrights
- [12.11] Introduction to Copyright Law
- [12.12] Examples of Copyright Claims in Cyberspace
- [12.13] Digital Millennium Copyright Act
- Trademark Law
- [12.14] Introduction to Trademark Law
- [12.15] Domain Name Disputes
- [12.16] Domain Name Dispute Resolution Methods
- [12.17] ICANN Dispute Resolution
- [12.18] Anticybersquatting Consumer Protection Act
- [12.19] Metatag Disputes
- [12.20] Linking/Framing
- Patent Disputes
- [12.21] Introduction to Patent Disputes
- [12.22] Examples of Patent Cases in Cyberspace
- III. [12.23] First-Party Cyberclaim Risks
- IV. [12.29] Third-Party Coverage Issues
- Coverage for Cyberclaims Under Advertising Injury Coverage Grant
- [12.30] Is Internet Use an Advertising Activity?
- [12.31] Copyright Coverage Questions
- [12.32] Trademark Coverage Questions
- [12.33] Patent Coverage Questions
- [12.34] Invasion of Privacy Coverage Questions
- [12.35] Defamation Coverage Questions
- [12.36] Coverage for Cyberclaims Under Property Damage Coverage Grant
- [12.37] Internet- and Technology-Related Coverage Limitations
- [12.38] Worldwide Coverage Territory Provisions
- [12.39] Examples of Worldwide Claims
- [12.40] Coverage Interpretation
- V. First-Party Coverage Issues
- Chapter 13 — Pollution Exclusion
- I. [13.1] Introduction
- II. Sudden and Accidental Pollution Exclusion
- [13.2] History
- [13.3] Insurance Services Office Form
- [13.4] Other Variants
- [13.5] London Pollution Exclusion
- [13.6] Travelers Pollution Exclusion
- Representative Cases
- [13.7] Pre-Outboard Marine Illinois Decisions
- [13.8] Outboard Marine
- [13.9] Post-Outboard Marine Illinois Decisions
- [13.10] Brief Sampling of Rulings from Other Jurisdictions
- [13.11] Issues
- [13.12] “Sudden” Means Unexpected and Unintended
- [13.13] No Intent To Damage Argument
- [13.14] Secondary Discharge Argument
- [13.15] No Knowledge of Pollution Argument
- [13.16] Inside vs. Outside Pollution Argument
- [13.17] Regulatory Estoppel
- III. Absolute Pollution Exclusion
- [13.18] History
- [13.19] Insurance Services Office Form
- [13.20] Hostile Fire Exception
- [13.21] Other Variants
- [13.22] Representative Cases
- [13.23] Pre-Koloms Illinois Decisions
- [13.24] Koloms
- [13.25] Post-Koloms Illinois Decisions
- [13.26] Brief Sampling of Rulings from Other Jurisdictions
- [13.27] Hostile Fire Exception Decisions
- IV. Issues Relating to Both Sudden and Accidental and Absolute Pollution Exclusions
- V. [13.30] Conclusion
- Chapter 14 — Additional Insured Endorsements and Certificates of Insurance Under Commercial Liability Policies
- Chapter 15 — Duty To Settle — Exhaustion
- I. [15.1] Scope of Chapter
- II. [15.2] Public Policy Considerations
- III. [15.3] Significant Factors
- IV. The Duties To Defend and To Indemnify
- V. [15.14] Multiple Claims
- VI. [15.15] When the Duty To Settle Is Triggered
- VII. [15.16] The Fiduciary Implications of Brinkmanship
- VIII. [15.17] The Fiduciary Implications of an Exposure Beyond Coverage — Apart from a Policy Limits Demand
- IX. [15.18] Withdrawal of Policy Limits Demand
- X. [15.19] Insurer’s Duties After Exhaustion of Policy Limits
- XI. Practice Tips
- Chapter 16 — Declaratory Judgment Litigation
- I. [16.1] Introduction
- II. [16.2] The Purposes of a Declaratory Judgment Action
- III. When a Declaratory Judgment Action Is Appropriate
- IV. Where To File a Declaratory Judgment Action
- V. Necessary Parties to a Declaratory Judgment Action
- VI. Litigating a Declaratory Judgment Action
- [16.14] Pleadings
- [16.15] Pleadings in Illinois State Court
- [16.16] Pleadings in Federal Court
- [16.17] Discovery
- [16.18] The Insurer’s Claim File
- [16.19] The Insurer’s Claims Handling History
- [16.20] The Insurer’s Underwriting File
- [16.21] Defense Counsel’s File and Communications with the Insured
- [16.22] Motions
- [16.23] Burden of Proof
- [16.24] Trial
- VII. [16.25] Conclusion
- Chapter 17 — Extra-Contractual Damages
- I. [17.1] Scope of Chapter
- II. [17.2] Extra-Contractual Damages: Statutory Rights of Action
- III. Extra-Contractual Damages: Tort Actions
- IV. [17.7] Insurers’ Liability for Extra-Contractual Damages
- Failure To Defend
- [17.8] Illinois Insurance Code §155 — Unreasonable and Vexatious Failure To Defend
- [17.9] Common-Law Bad-Faith Failure To Defend
- [17.10] Damages Resulting from Failure To Defend
- [17.11] Failure To Settle Within Policy Limits
- [17.12] Parties Entitled To Bring an Action for Bad-Faith Failure To Settle
- The Insurer’s Duty To Settle
- [17.13] Acts Constituting a Breach of the Duty To Settle
- [17.14] When the Insurer’s Duty To Settle Arises
- [17.15] Damages Arising from the Insurer’s Failure To Settle
- [17.16] Consumer Fraud and Deceptive Business Practices Act
- [17.17] Common-Law Fraud
- V. [17.18] Insurers’ Defenses
- Chapter 18 — Excess Insurance
- I. [18.1] Scope of Chapter
- II. [18.2] Excess Insurance Distinguished from Other Types of Insurance
- III. [18.10] Relationship Between Excess Insurer and Insured
- [18.11] Insured’s Duty To Provide Notice of a Claim or Lawsuit
- [18.12] Insured’s Duties Under Voluntary Payment Provision
- [18.13] Excess Insurer’s Obligations Regarding Defense
- [18.14] General Principles — Excess Insurer’s Duty To Defend Is Contractual
- [18.15] Excess Insurer’s Option To Defend or To Associate in Defense of Lawsuits Against Insured
- [18.16] Duty To Reimburse Defense Costs
- [18.17] Consent Requirement
- [18.18] Whether Defense Costs Are Included Within Definition of “Loss”
- [18.19] Umbrella Insurer’s Obligation To Defend Lawsuits Not Covered by Primary Insurance
- [18.20] Allocating Defense Costs Between Primary and Excess Insurers
- [18.21] Excess Insurer’s Reservation of Rights
- [18.22] Excess Insurer’s Duty To Indemnify
- [18.23] Failure To Maintain Underlying Coverage
- [18.24] Insolvency of Underlying Insurer
- [18.25] Coverage in Excess of a Stated Amount or Applicable Insurance
- [18.26] Coverage in Excess of Collectible or Recoverable Insurance
- [18.27] Exhaustion Clauses
- [18.28] Maintenance Clauses
- [18.29] Anti-Drop-Down Provisions
- [18.30] Bankruptcy or Insolvency of Insured
- [18.31] Settlement for Less than Available Underlying Limits
- [18.32] Exhaustion of All Available Underlying Limits
- [18.33] Horizontal Exhaustion and Selective Tender
- [18.34] Reformation of the Underlying Policy
- [18.35] Indemnification for Postjudgment Interest
- [18.36] Duty To Settle Within Limits
- IV. [18.37] Relationship Between Excess and Primary Insurers
- [18.38] Guiding Principles for Insurers of Primary and Excess Coverages
- [18.39] Relationship Between Primary and Excess Insurers with Respect to Trial or Settlement
- [18.40] Primary Insurer’s Failure To Settle Within Policy Limits
- [18.41] Underlying Insurer’s Premature Exhaustion of Its Policy Limits
- [18.42] Primary Insurer’s Assignment of a Loss to Certain Policy Years
- [18.43] Primary Insurer Can Settle Some but Not All Claims in Paying Its Policy Limits
- [18.44] Defense Costs Erode Primary Policy Limits
- [18.45] Proper Characterization of Costs as Indemnity or Defense Costs
- [18.46] Primary Insurer’s Settlement with Insured for Amount Less than Policy Limits
- [18.47] Duties of Primary Insurer’s Chosen Counsel
- [18.48] Duties Owed by Self-Insureds
- V. [18.49] Relationship Between Excess Insurers
- VI. [18.53] Excess Insurer and Coverage Litigation
- Thomas W. Arvanitis
Thomas W. Arvanitis
Thomas W. Arvanitis is a Partner at Nicolaides Fink Thorpe Michaelides Sullivan LLP in Chicago. He concentrates in providing coverage advice and representing insurers in complex coverage litigation. He is a member of the Defense Research Institute and Hellenic Bar Association. Mr. Arvanitis received his B.S. from the University of Illinois at Urbana-Champaign and his J.D. from the Loyola University Chicago School of Law.
- Anthony N. Balice
Anthony N. Balice
Anthony N. Balice is Counsel at Emerson & Elder, P.C., in Chicago. He focuses his practice on insurance coverage. He is a member of the Chicago Bar Association. Mr. Balice received his J.D. from the DePaul University College of Law.
- Robert J. Bates, Jr.
Robert J. Bates, Jr.
Robert J. Bates, Jr., is a Managing Partner at BatesCarey LLP in Chicago. His practice focuses on litigating cases in the areas of insurance coverage and reinsurance. He is a member of the American Bar Association, the Defense Research Institute, and the American College of Coverage and Extracontractual Counsel. Mr. Bates received his B.A. and M.A. from the University of Illinois at Urbana-Champaign and his J.D. cum laude from Northwestern University Pritzker School of Law.
- Arthur F. Brandt
Arthur F. Brandt
Arthur F. Brandt is a Partner at the Chicago law firm of BatesCarey LLP. He concentrates his practice in insurance law, environmental law, and complex litigation. He is a member of the International and American Bar Associations and the State Bar of Michigan. Mr. Brandt received his B.A. from the University of Michigan and his J.D. cum laude from the University of Detroit Mercy School of Law.
- Patrick D. Cloud
Patrick D. Cloud
Patrick D. Cloud is a Shareholder at Heyl, Royster, Voelker & Allen, P.C., in Edwardsville. He focuses his practice on insurance coverage litigation, mass torts, and class action litigation. He is a member of the Federation of Defense & Corporate Counsel and the Illinois Association of Defense Trial Counsel.Mr. Cloud received his B.A. summa cum laude from the University of Notre Dame and his J.D. Order of the Coif from Washington University in St. Louis School of Law.
- C.J. Compher
C.J. Compher
C.J. Compher is Counsel to Emerson & Elder, P.C., in Chicago. He focuses his practice on corporate counsel. Mr. Compher received his B.A. from Northern Illinois University and his J.D. from Wake Forest University School of Law.
- Karen M. Dixon
Karen M. Dixon
Karen M. Dixon is a Partner at Skarzynski Marick & Black LLP in Chicago. She concentrates her practice in insurance coverage. She is a member of the American College of Coverage Counsel and has been recognized by Chambers USA and Best Lawyers in America. Ms. Dixon received her B.A. from the University of Nebraska and her J.D. with high honors and Order of the Coif from Chicago-Kent College of Law.
- Donald E. Elder
Donald E. Elder
Donald E. Elder is an Owner of Emerson & Elder, P.C., in Chicago. He focuses his practice on insurance coverage and disputes. Mr. Elder received his J.D. cum laude from Western Michigan University Cooley Law School and his B.A. from the University of Minnesota, Twin Cities.
- Mark L. Evans
Mark L. Evans
Mark L. Evans is a Partner at Levin Ginsburg in Chicago, where he concentrates his practice in commercial litigation, insurance coverage, and producer disputes. He is a member of the Illinois State and Chicago Bar Associations and was recognized as an Emerging Lawyer by Leading Lawyers (2016 – 2017). Mr. Evans received his B.A. from the University of Pennsylvania and his J.D. cum laude from the Loyola University Chicago School of Law.
- Gregory C. Flatt
Gregory C. Flatt
Gregory C. Flatt is a Partner at Heyl, Royster, Voelker & Allen, P.C., in Edwardsville. He focuses his practice on insurance coverage and toxic torts. He is a member of the Illinois State and Madison County Bar Associations. He has been recognized as an Emerging Lawyer (2018 – 2021). Mr. Flatt received his B.A. from the University of Iowa and his J.D. from Washington University in St. Louis School of Law.
- Daniel I. Graham, Jr.
Daniel I. Graham, Jr.
Daniel I. Graham, Jr., a Founding Partner of Nicolaides Fink Thorpe Michaelides Sullivan LLP in Chicago, concentrates his practice in insurance coverage issues involving intellectual property infringement, unfair business practice, and privacy-related claims. Mr. Graham has been recognized by Leading Lawyers Network, Chambers USA, Best Lawyers, and Super Lawyers magazine. He received his B.A. from Barat College and his J.D. from the University of Illinois Chicago School of Law.
- John P. Heil, Jr.
John P. Heil, Jr.
John P. Heil, Jr., is a Shareholder at Heyl, Royster, Voelker & Allen, P.C., in Peoria, where he focuses his practice in business and commercial litigation, civil rights litigation, and insurance coverage. He is a member of the Peoria County Bar Association and the Board of Directors of the Illinois Defense Counsel and has been recognized as AV — Preeminent by Martindale-Hubbell. He received his B.S. magna cum laude from Bradley University and his J.D. with honors from the Chicago-Kent College of Law.
- Jamie L. Hull
Jamie L. Hull
Jamie L. Hull is a claims consultant at CNA in Chicago, where she focuses on environmental and mass tort claims. She is a member of the Defense Research Institute, where she is the Insurance Law Committee Membership Chair and the Insurance Coverage and Claims Institute Chair (2023). She has been recognized as a Leading Lawyer (Insurance Law) by Leading Lawyers Magazine and as one of Illinois’ Best Lawyers (Insurance Law) by U.S. News & World Report. Ms. Hull received her B.A. from Miami University and her J.D. from the University of Illinois Chicago School of Law, where she was the Executive Lead Articles Editor for the UIC Law Review.
- Michael M. Marick
Michael M. Marick
Michael M. Marick, a partner of Skarzynski, Marick & Black LLP, represents insurers nationally in a wide variety of high-exposure insurance coverage and reinsurance disputes. He is “tier one” ranked by Chambers USA: America’s Leading Lawyers for Business, in the Best Lawyers in America, and in other peer-reviewed publications. He is a Founding Fellow of the American College of Coverage Counsel and an ARIAS•U.S. certified reinsurance arbitrator and has held leadership positions in the Defense Research Institute, the American Bar Association, and other organizations. Mr. Marick is a graduate of Denison University and Chicago-Kent College of Law.
- Brittany N. Meeker
Brittany N. Meeker
Brittany N. Meeker is a Partner at Craig & Craig, LLC, in Mt. Vernon, where she focuses her practice on general civil litigation and workers’ compensation/occupational diseases defense. She is a member of the Illinois State Bar Association, the Jefferson County Bar Association, and the Illinois Defense Counsel. Ms. Meeker received her B.S. cum laude and with departmental honors from Indiana State University and her J.D. from Southern Illinois University School of Law.
- David B. Mueller
David B. Mueller
David B. Mueller is a Partner at the Peoria firm of Cassidy & Mueller P.C. He concentrates his practice in civil trial and appellate litigation, including the areas of commercial law, civil rights, employment law, insurance law, professional malpractice, construction law, and product liability. He has served as cochair of the Illinois Supreme Court committee to revise the rules of discovery and served as an advisory member on the discovery rule committee of the Illinois Judicial Conference. He also served on the Illinois Supreme Court committee on jury instructions in civil cases and chaired the Civil Justice Reform Act advisory committee for the Central District of Illinois. Mr. Mueller has published extensively, including articles for the Illinois Bar Journal and the IDC Quarterly, and has lectured frequently, including participation in IICLE, IDC, and ISBA seminars. He is a member of the American and Illinois State Bar Associations, a Fellow of the American and Illinois State Bar Foundations, and past president of the Peoria County Bar Association. He is a member of the Illinois Association of Defense Trial Counsel and the Defense Research Institute and is a former president of the Abraham Lincoln Inn of the American Inns of Court. Mr. Mueller received his undergraduate degree from the University of Oklahoma and his J.D. from the University of Michigan Law School.
- Ronald L. Ohren
Ronald L. Ohren
Ronald L. Ohren is Counsel to Baker McKenzie LLP in Chicago. His practice focuses on the representation of insurance industry clients in various matters, including the mediation, arbitration, litigation, and other alternative dispute proceedings involving a wide variety of insurance and reinsurance issues. He serves as the Chair of Baker McKenzie’s North America Litigation and Government Enforcement Group’s Insurance Practice. Mr. Ohren did his undergraduate work at Emory University and the University of Cincinnati and received his J.D. from the University of Illinois Chicago School of Law.
- Michael H. Passman
Michael H. Passman
Michael H. Passman is a Partner at BatesCarey LLP in Chicago. He concentrates his practice in insurance law and related litigation. He is a member of the Claims and Litigation Management Alliance. Mr. Passman earned his B.A. from the University of Chicago and his J.D. from Brooklyn Law School.
- Michael L. Resis
Michael L. Resis
Michael L. Resis is a Partner at Amundsen Davis, LLC, in Chicago, where he concentrates his practice in the areas of insurance coverage and appeals. He was President of the Illinois Association of Defense Trial Counsel from 2017 to 2018 and a member of the Board of Directors of the Appellate Lawyers Association from 1998 to 2000. He has received an Exceptional Performance Citation (2017 – 2018) from the Defense Research Institute. Mr. Resis received his B.A. magna cum laude from the University of Illinois at Champaign-Urbana and his J.D. from the University of Illinois College of Law.
- Abigail E. Rocap
Abigail E. Rocap
Abigail E. Rocap is a Partner at BatesCarey LLP in Chicago, where she focuses her practice on insurance coverage and commercial litigation. She is a member of the Professional Liability Underwriting Society and has been recognized by Super Lawyers (Rising Star — Illinois) and The Best Lawyers (Ones To Watch — Illinois). Ms. Rocap received her B.S. from DePauw University and her J.D. cum laude from the Loyola University Chicago School of Law.
- Eric L. Routman
Eric L. Routman
Eric L. Routman is the Principal of the Law Offices of Eric L. Routman in Kenosha, Wisconsin. He focuses on insurance law. He is a member of the American Bar Association and the Society of Chartered Property and Casualty Underwriters. Mr. Routman received his undergraduate degree from the George Washington University and his J.D. from the University of Illinois Chicago School of Law.
- Joseph J. Stafford
Joseph J. Stafford
Joseph J. Stafford is a Partner at Wilson Elser Moskowitz Edelman & Dicker LLP in Chicago. He focuses his practice on insurance coverage and commercial litigation. He is a member of the Chicago Community Trust Young Leaders Fund and the Lawyers for the Creative Arts. He has been recognized as a Super Lawyers Rising Star in Illinois from 2014 to 2022. He received his B.A. from the University of Illinois at Urbana-Champaign and his J.D. from the University of Illinois Chicago School of Law.
- Kevin A. Titus
Kevin A. Titus
Kevin A. Titus is a Partner at Litchfield Cavo LLP in Chicago. He focuses on insurance coverage, toxic torts, and general commercial litigation. He is a member of the Defense Research Institute. Mr. Titus received his B.S. summa cum laude Phi Beta Kappa from the Wharton School of the University of Pennsylvania and his J.D. from the University of Michigan Law School.
- Brett L. Warning
Brett L. Warning
Brett L. Warning is Of Counsel to Emerson & Elder, P.C., in Chicago. He concentrates his practice in insurance coverage. He is a board member of the Illinois Association of Environmental Professionals and has been recognized as an Illinois Super Lawyer (2023). He received his B.A. from Augustana College and his J.D. from Valparaiso University School of Law, where he was the Articles Editor for the Law Review.
- John Zulkey
John Zulkey
John Zulkey is an Assistant Vice President of Professional Liability Complex Claims at Westfield Specialty Insurance in Chicago, where he concentrates his practice in errors and omissions and cyber claims. He is a former Chair of the Chicago Bar Association’s Civil Practice Committee, the author of Related Acts Provisions: Patterns Amidst the Chaos, and a member of the Armadillo Club. Mr. Zulkey received his J.D. magna cum laude from the University of Illinois College of Law.
Commercial and Professional Liability Insurance 2023 Edition
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