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List of Forms by Chapter - Chapter 1 — An Introduction to Commercial and Professional Liability Insurance
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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] Fidelity Bonds and Fidelity/Dishonesty Insurance
- [1.12] Intellectual Property Insurance
- [1.13] Employment Practices Liability Insurance
- [1.14] Commercial Crime Insurance
- [1.15] Commercial Automobile Insurance
- [1.16] Personal Lines Insurance (Homeowners/Automobile)
- [1.17] Property Insurance
- [1.18] Builders Risk Insurance
- [1.19] Cyber Liability Insurance
- [1.20] Special Problems Involving Binders and Certificates of Insurance
- Identifying the Basis on Which Coverage Is Provided
- [1.21] Claims-Made vs. Occurrence-Based Coverage
- Primary and Excess-Insurance Coverage
- [1.22] Primary Insurance
- [1.23] Excess Insurance and Umbrella Insurance
- [1.24] Fronting Policies
- [1.25] Retrospectively Rated Insurance
- Liability Limits, Self-Insured Retentions, and Deductibles
- [1.26] Liability Limits
- [1.27] Deductibles vs. Self-Insured Retentions
- [1.28] Number of Occurrences
- [1.29] Trigger of Coverage
- Potential Applicability of Other Parties’ Coverage — Other Parties’ Insurance Procurement and Maintenance Obligations
- [1.30] Additional Insured Endorsements
- [1.31] Vendor Endorsements
- [1.32] Lost Policies
- II. [1.33] Notice
- III. [1.34] Cooperation
- IV. Insurer’s Duty To Defend and Duty To Indemnify
- General Rules of Policy Interpretation
- [1.35] Duty To Defend Standard
- Contra Proferentem — The Contra-Insurer Rule
- [1.36] Rules Governing the Interpretation of Policy Language That Does Not Limit or Exclude Coverage
- [1.37] Rules Governing the Interpretation of Policy Language That Limits or Excludes Coverage
- [1.38] Sophisticated Policyholders
- [1.39] Parol Evidence
- [1.40] Reasonable Expectations
- [1.41] Reservation of Rights Letters, Nonwaiver Agreements, and Declination Letters
- [1.42] Reservation of Rights Letters
- [1.43] Nonwaiver Agreements
- [1.44] Declination Letters
- Consequences of an Insurer’s Breach of Its Duty To Defend
- [1.45] Estoppel
- [1.46] Bad Faith
- Limitations on the Insurer’s Duty To Defend
- [1.47] Potentially Covered and Noncovered Claims
- [1.48] Settlements or Judgments That Exhaust the Policy’s Liability Limits
- [1.49] Pre-Tender Defense Costs
- [1.50] Selective Tender of Defense
- [1.51] Duty To Indemnify
- V. [1.52] Choice of Law
- VI. [1.53] Limitations Periods
- VII. [1.54] 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] Multiple Occurrences — Cause of Injury or Damage
- [5.31] Food Service
- [5.32] Motor Vehicle Accidents
- [5.33] Negligent Supervision
- [5.34] Professional Negligence
- [5.35] Employment Discrimination
- [5.36] Theft of Money Gathered from Multiple Locations
- [5.37] Multiple Deaths —The Time and Space Test
- V. [5.38] Conclusion
- Chapter 6 — Duty To Defend
- I. [6.1] Introduction
- II. Overview of the Major Cases
- [6.2] The Beginning
- [6.3] Conflicts of Interest
- [6.4] Evolution of the Estoppel Principle
- [6.5] Clarity of the Allegations
- [6.6] No Allocation Between Covered and Noncovered Counts
- [6.7] Timing of the Declaratory Judgment
- [6.8] Conflicts of Interest Revisited
- [6.9] Sample Letter: Additional Disclosure of Conflict of Interest To Be Sent by Insurer
- [6.10] Sample Letter: To Be Sent by Attorney Retained by Insurance Company in Compliance with Peppers
- [6.11] Bad-Faith Decisions Not To Defend
- [6.12] Termination or Confirmation of the Obligation To Defend by Extrinsic Evidence
- [6.13] Termination of the Obligation To Defend by Payment of the Limits
- [6.14] Termination of the Obligation To Defend Following Trial Court Decision
- [6.15] Environmental and Toxic Tort Cases
- [6.16] Public Policy
- [6.17] The Targeted Tender
- [6.18] Other Estoppel Issues To Consider
- III. Strategic Considerations for Contesting Coverage
- IV. [6.24] Conclusion
- V. [6.25] Outline of Major Points and Supporting Cases
- Chapter 7 — Understanding Fundamental Language of Commercial General Liability Policies
- I. [7.1] 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
- [7.14] 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
- [7.15] “False Arrest, Detention or Imprisonment”
- [7.16] “Malicious Prosecution”
- [7.17] “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”
- [7.18] “Oral or Written Publication . . . of Material That Violates a Person’s Right of Privacy”
- [7.19] “Wrongful Eviction . . . Wrongful Entry . . . or Invasion of the Right of Private Occupancy”
- Advertising Injury
- [7.20] Advertising Injury Coverage and the ISO CGL Policy Definition of “Advertisement”
- [7.21] Caselaw Definitions of “Advertisement”
- Caselaw Interpreting the Elements of the “Personal and Advertising Injury” Definition in the Context of Advertising Injury
- [7.22] “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”
- [7.23] “Oral or Written Publication . . . of Material That Violates a Person’s Right of Privacy”
- [7.24] Unfair Competition and Piracy
- [7.25] “Misappropriation of Advertising Ideas or Style of Doing Business”
- [7.26] “Infringing upon Another’s Copyright . . . or Slogan in Your ‘Advertisement’ ”
- [7.27] “Infringing upon Another’s . . . Trade Dress . . . in Your ‘Advertisement’ ”
- Chapter 8 — Intentional Act Exclusion
- I. [8.1] Introduction
- II. [8.2] Application of Intentional Act Exclusion
- [8.3] Assault and Battery
- [8.4] Effect of Underlying Criminal Prosecution Against the Insured
- [8.5] Negligent Supervision of a Tortfeasor Who Assaults the Claimant
- [8.6] Self-Defense Exception to the Intentional Act Exclusion
- [8.7] Attempts To Plead Around an Intentional Act Exclusion
- [8.8] Arson
- [8.9] Intoxication Negating Intent
- [8.10] Insanity Negating Intent
- [8.11] Sexual Abuse/Molestation — Presumed Intent
- [8.12] Products Liability
- [8.13] Trespass
- [8.14] Racketeering or Conspiracy
- [8.15] Junk Faxes and Telemarketing
- [8.16] Fraud and Misrepresentation
- [8.17] Criminal Act Exclusion
- [8.18] Malicious Prosecution
- III. [8.19] Professional Services
- Chapter 9 — Exclusion by Risk
- I. [9.1] Scope of Chapter
- II. [9.2] Workers’ Compensation Exclusion and Employee Exclusion
- III. [9.6] Sistership Exclusion
- IV. [9.9] Aircraft, Auto, or Watercraft Exclusion
- V. [9.15] Liquor Liability Exclusion
- VI. [9.16] Care, Custody, or Control Exclusion
- VII. [9.19] Vendor’s Endorsement
- VIII. [9.20] Contractual Liability Exclusion
- IX. [9.24] Damage-to-Your-Product or Damage-to-Your-Work Exclusion
- Chapter 10 — Other Insurance
- I. [10.1] Scope of Chapter
- II. [10.2] Types of Other-Insurance Clauses
- III. [10.6] Reconciling Other-Insurance Clauses
- [10.7] Parties’ Intent in Construing Other-Insurance Clauses
- [10.8] Rules in Establishing Priority Between Competing Other-Insurance Clauses: Illinois Follows the Majority Rule
- [10.9] When Neither Policy Contains an Other-Insurance Clause
- [10.10] When Only One Policy Contains an Other-Insurance Clause
- [10.11] Pro Rata Clause vs. Pro Rata Clause
- [10.12] Excess Clause vs. Excess Clause
- [10.13] Escape Clause vs. Escape Clause
- [10.14] Pro Rata Clause vs. Excess Clause
- [10.15] Pro Rata Clause vs. Escape Clause
- [10.16] Excess Clause vs. Escape Clause
- [10.17] Self-Insurance as “Other Insurance”
- IV. [10.18] Allocating Losses Among or Between Consecutive Insurers
- V. [10.25] Contribution Between Insurers
- [10.26] Insurer Whose Coverage Is Triggered Cannot Seek Equitable Contribution from Another Carrier Whose Coverage the Insured Has Refused To Invoke
- [10.27] Relationship to the Illinois Joint Tortfeasor Contribution Act
- [10.28] Identity of Parties, Interests, and Risks
- [10.29] Implied Waiver of Coinsurer’s Right To Contest Reasonableness of Settlement
- [10.30] Allocating Defense Costs
- VI. [10.31] Issues Unique to Claims-Made Policies
- VII. [10.35] Conclusion
- Chapter 11 — Notice and Cooperation
- I. [11.1] Scope of Chapter
- II. Duties of the Insured —Notice of Occurrence or Claim
- [11.2] Policy Language
- [11.3] Requirement for Coverage
- [11.4] What Constitutes an Occurrence or Claim?
- [11.5] Occurrence and Claims-Made Policies
- [11.6] Immediate Notice
- [11.7] Delay in Giving Notice
- [11.8] Excuses for Failure To Give Notice
- [11.9] Difference Between Primary and Excess Coverage
- [11.10] Claims-Made Coverage
- [11.11] Content of Notice
- [11.12] Sufficiency of Notice for Multiple Claims
- [11.13] Failure To Give Notice/Late Notice
- [11.14] Environmental Coverage
- [11.15] Prejudice to the Insurer
- [11.16] Estoppel
- III. Duties of the Insured —Notice of Suit
- IV. Duties of the Insured —Cooperation
- [11.25] Policy Language
- [11.26] Named Insureds and Others
- [11.27] Submission to Service of Process
- [11.28] Providing Information About the Claim
- [11.29] False Statements Resulting in No Coverage
- [11.30] Maintaining Coverage After False Statements
- [11.31] Attendance at Trial and Deposition
- [11.32] Insurer’s Duty To Seek Cooperation
- [11.33] Insured’s Failure To Seek Other Coverage
- [11.34] Creating an Uninsured Motorist Claim
- [11.35] Colluding with Claimant
- [11.36] Prejudice to Insurer
- Chapter 12 — Number of Occurrences or Claims
- Chapter 13 — Coverage Issues Raised by E-Mail and the Internet
- I. [13.1] Introduction to Cyberclaim Risks
- II. [13.2] Third-Party Cyberclaim Risks
- [13.3] Defamation
- [13.4] Introduction to Defamation Law
- [13.5] Defamation Claims in Cyberspace
- [13.6] Communications Decency Act
- [13.7] John Doe Suits
- [13.8] Invasion of Privacy
- [13.9] Invasion of Privacy in Cyberspace
- [13.10] Examples of Internet-Related Invasion of Privacy Claims
- Copyrights
- [13.11] Introduction to Copyright Law
- [13.12] Examples of Copyright Claims in Cyberspace
- [13.13] Digital Millennium Copyright Act
- Trademark Law
- [13.14] Introduction to Trademark Law
- [13.15] Domain Name Disputes
- [13.16] Domain Name Dispute Resolution Methods
- [13.17] ICANN Dispute Resolution
- [13.18] Anticybersquatting Consumer Protection Act
- [13.19] Metatag Disputes
- [13.20] Linking/Framing
- Patent Disputes
- [13.21] Introduction to Patent Disputes
- [13.22] Examples of Patent Cases in Cyberspace
- III. [13.23] First-Party Cyberclaim Risks
- IV. [13.29] Third-Party Coverage Issues
- Coverage for Cyberclaims Under Advertising Injury Coverage Grant
- [13.30] Is Internet Use an Advertising Activity?
- [13.31] Copyright Coverage Questions
- [13.32] Trademark Coverage Questions
- [13.33] Patent Coverage Questions
- [13.34] Invasion of Privacy Coverage Questions
- [13.35] Defamation Coverage Questions
- [13.36] Coverage for Cyberclaims Under Property Damage Coverage Grant
- [13.37] Internet- and Technology-Related Coverage Limitations
- [13.38] Worldwide Coverage Territory Provisions
- [13.39] Examples of Worldwide Claims
- [13.40] Coverage Interpretation
- V. First-Party Coverage Issues
- Chapter 14 — Pollution Exclusion
- I. [14.1] Introduction
- II. Sudden and Accidental Pollution Exclusion
- [14.2] History
- [14.3] ISO Form
- [14.4] Other Variants
- [14.5] London Pollution Exclusion
- [14.6] Travelers Pollution Exclusion
- Representative Cases
- [14.7] Pre-Outboard Marine Illinois Decisions
- [14.8] Outboard Marine
- [14.9] Post-Outboard Marine Illinois Decisions
- [14.10] Brief Sampling of Rulings from Other Jurisdictions
- [14.11] Issues
- [14.12] “Sudden” Means Unexpected and Unintended
- [14.13] No Intent To Damage Argument
- [14.14] Secondary Discharge Argument
- [14.15] No Knowledge of Pollution Argument
- [14.16] Inside vs. Outside Pollution Argument
- [14.17] Regulatory Estoppel
- III. Absolute Pollution Exclusion
- IV. Issues Relating to Both Sudden and Accidental and Absolute Pollution Exclusions
- V. [14.30] Conclusion
- Chapter 15 — Additional Insured Endorsements and Certificates of Insurance Under Commercial Liability Policies
- Chapter 16 — Duty To Settle — Exhaustion
- I. [16.1] Scope of Chapter
- II. [16.2] Public Policy Considerations
- III. [16.3] Significant Factors
- IV. The Duties To Defend and To Indemnify
- V. [16.14] Multiple Claims
- VI. [16.15] When the Duty To Settle Is Triggered
- VII. [16.16] The Fiduciary Implications of Brinkmanship
- VIII. [16.17] Withdrawal of Policy Limits Demand
- IX. [16.18] Insurer’s Duties After Exhaustion of Policy Limits
- X. Practice Tips
- Chapter 17 — Declaratory Judgment Litigation
- I. [17.1] Introduction
- II. [17.2] 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
- VII. [17.24] Conclusion
- Chapter 18 — Extra-Contractual Damages
- I. [18.1] Scope of Chapter
- II. [18.2] Extra-Contractual Damages: Statutory Rights of Action
- III. Extra-Contractual Damages: Tort Actions
- IV. [18.7] Insurers’ Liability for Extra-Contractual Damages
- Failure To Defend
- [18.8] Section 155— Unreasonable and Vexatious Failure To Defend
- [18.9] Common-Law Bad-Faith Failure To Defend
- [18.10] Damages Resulting from Failure To Defend
- [18.11] Failure To Settle Within Policy Limits
- [18.12] Parties Entitled To Bring an Action for Bad-Faith Failure To Settle
- The Insurer’s Duty To Settle
- [18.13] Acts Constituting a Breach of the Duty To Settle
- [18.14] When the Insurer’s Duty To Settle Arises
- [18.15] Damages Arising from the Insurer’s Failure To Settle
- [18.16] Consumer Fraud and Deceptive Business Practices Act
- [18.17] Common-Law Fraud
- V. [18.18] Insurers’ Defenses
- Chapter 19 — Excess Insurance
- I. [19.1] Scope of Chapter
- II. [19.2] Excess Insurance Distinguished from Other Types of Insurance
- III. [19.10] Relationship Between Excess Insurer and Insured
- [19.11] Insured’s Duty To Provide Notice of a Claim or Lawsuit
- [19.12] Insured’s Duties Under Voluntary Payment Provision
- [19.13] Excess Insurer’s Obligations Regarding Defense
- [19.14] General Principles — Excess Insurer’s Duty To Defend Is Contractual
- [19.15] Excess Insurer’s Option To Defend or To Associate in Defense of Lawsuits Against Insured
- [19.16] Duty To Reimburse Defense Costs
- [19.17] Consent Requirement
- [19.18] Whether Defense Costs Are Included Within Definition of “Loss”
- [19.19] Umbrella Insurer’s Obligation To Defend Lawsuits Not Covered by Primary Insurance
- [19.20] Allocating Defense Costs Between Primary and Excess Insurers
- [19.21] Excess Insurer’s Reservation of Rights
- [19.22] Excess Insurer’s Duty To Indemnify
- [19.23] Failure To Maintain Underlying Coverage
- [19.24] Insolvency of Underlying Insurer
- [19.25] Coverage in Excess of a Stated Amount or Applicable Insurance
- [19.26] Coverage in Excess of Collectible or Recoverable Insurance
- [19.27] Exhaustion Clauses
- [19.28] Maintenance Clauses
- [19.29] Anti-Drop-Down Provisions
- [19.30] Bankruptcy or Insolvency of Insured
- [19.31] Settlement for Less than Available Underlying Limits
- [19.32] Exhaustion of All Available Underlying Limits
- [19.33] Horizontal Exhaustion and Selective Tender
- [19.34] Reformation of the Underlying Policy
- [19.35] Indemnification for Postjudgment Interest
- IV. [19.36] Relationship Between Excess and Primary Insurers
- [19.37] Guiding Principles for Insurers of Primary and Excess Coverages
- [19.38] Relationship Between Primary and Excess Insurers with Respect to Trial or Settlement
- [19.39] Primary Insurer’s Failure To Settle Within Policy Limits
- [19.40] Underlying Insurer’s Premature Exhaustion of Its Policy Limits
- [19.41] Primary Insurer’s Assignment of a Loss to Certain Policy Years
- [19.42] Primary Insurer Can Settle Some But Not All Claims in Paying Its Policy Limits
- [19.43] Defense Costs Erode Primary Policy Limits
- [19.44] Proper Characterization of Costs as Indemnity or Defense Costs
- [19.45] Primary Insurer’s Settlement with Insured for Amount Less than Policy Limits
- [19.46] Duties of Primary Insurer’s Chosen Counsel
- [19.47] Duties Owed by Self-Insureds
- V. [19.48] Relationship Between Excess Insurers
- VI. [19.52] Excess Insurer and Coverage Litigation
- 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.
- Alvin R. Becker
Alvin R. Becker
Alvin R. Becker is a Partner at Beermann LLP in Chicago. He focuses on litigation and appellate law. He is a member of the Chicago and Illinois State Bar Associations and was an adjunct professor at Northwestern University Pritzker School of Law from 2008 to 2013. Mr. Becker received his B.A. from Roosevelt University and his J.D. from DePaul University College of Law.
- Jill B. Berkeley
Jill B. Berkeley
Jill B. Berkeley is Senior Counsel at Neal, Gerber & Eisenberg LLP, in Chicago, where she focuses her practice on insurance coverage litigation. She is a Fellow of the American College of Coverage Counsel (2012 – present); a member of the American Arbitration Association serving as a member of the Commercial Dispute Panel (2006 – present); and a member of the American Bar Association serving as a member of the Tort Trial & Insurance Practice Section of the Insurance Coverage Litigation Committee; and a recipient of the ABA Lifetime Achievement Award (2017). Ms. Berkeley earned her B.A. with high distinction and honors and Phi Beta Kappa from the University of Michigan and her J.D. from Northwestern University 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.
- Kent J. Cummings
Kent J. Cummings
Kent J. Cummings is a Partner with Hinshaw & Culbertson LLP, in Chicago, where he focuses his practice on working with insurers, insureds, and self-insureds in all aspects of insurance-related law. He works with companies to create effective risk management strategies, including both traditional and nontraditional insurance programs, such as captive insurance, risk retention groups, and risk purchasing groups. Mr. Cummings has authored several articles on a wide variety of insurance issues and lectured in the past on insurance-related matters. He earned his B.A. from the University of Maine and J.D. cum laude from the Loyola University Chicago 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.
- 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.
- Carol J. Gerner
Carol J. Gerner
Carol J. Gerner is Special Counsel in the Chicago office of Sedgwick LLP. She concentrates her practice in the areas of insurance coverage matters, with an emphasis on professional liability, employment practices liability, healthcare, and directors and officers liability. She is a member of the American, Illinois State, and Chicago Bar Associations. She is also a member of the American Health Lawyers Association, PLUS, and the Illinois Association of Healthcare Attorneys. Ms. Gerner received her B.A. from Tufts University and her J.D. from Washington University School of Law.
- Jean M. Golden
Jean M. Golden
Jean M. Golden is a Partner with Cassiday Schade LLP, in Chicago, where she focuses her practice on insurance coverage and commercial law. Ms. Golden handles complex, high-exposure matters in multiple jurisdictions. She also is Cochair of the firm’s Insurance Practice Group and is a member of its Executive Committee. She has authored or coauthored a number of articles and/or presentations, including for IICLEÒ, Mealey’s, Business Laws Inc., the Illinois Association of Defense Trial Counsel, the American Contractors Insurance Group, CPCU, ECMA, and the Chicago Bar Association. She is a Leading Lawyer in Illinois, an Illinois Super Lawyer, and a member of The Fellows of the American Bar Foundation. She received her B.A. magna cum laude from Boston College and her J.D. from Loyola University Chicago 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.
- Rebecca R. Haller
Rebecca R. Haller
Rebecca R. Haller is a Partner with Hinshaw & Culberton LLP, in Chicago. Prior to joining Hinshaw & Culbertson, Ms. Haller was a partner in a litigation firm headquartered in Chicago. In addition, she was responsible for setting up and managing the Midwest Regional Coverage Counsel office for a national property and casualty insurer. She now focuses her national litigation practice in the counseling and representation of insurance companies in coverage litigation. She has litigated coverage issues arising under commercial general liability, errors and omissions liability, professional liability, and directors’ and officers’ liability policies. In addition, Ms. Haller also handles construction related claims (including construction defect, additional insured, indemnity, and workers’ compensation lien and waiver issues), product liability and mass tort claims, nursing home claims (under both CGL and professional liability policies), and intellectual property/advertising injury claims. She has represented clients in all phases of litigation process, including trial and appellate work, as well as arbitrations and mediations. Ms. Haller is a member of the Illinois State and American Bar Associations. She received her B.A. from the University of Illinois at Chicago and her J.D. with honors from DePaul University College of Law.
- Fritz K. Huszagh
Fritz K. Huszagh
Fritz K. Huszagh is an attorney and counselor at FKH Legal, in Vernon Hills,where he concentrates his practice on consulting, counseling, and representation in insurance matters. Mr. Huszagh is a member of the American Bar Association and the Illinois State Bar Association, and he has served on ISBA’s Insurance Section Counsel as both a member and an officer.
- Seth D. Lamden
Seth D. Lamden
Seth D. Lamden is a Partner with Neal, Gerber & Eisenberg LLP, in Chicago, where he concentrates his legal practice in policyholder insurance recovery and counseling. He has been named a Fellow of the American College of Coverage Counsel, has a Martindale-Hubbell AV Preeminent rating, and was listed by the Law Bulletin Publishing Company in 40 Illinois Attorneys Under 40 To Watch. Mr. Lamden has contributed chapters to several books and written many articles on topics relating to insurance coverage, and he has spoken at insurance law seminars sponsored by numerous organizations, various law firms, and private companies. He earned his B.A. from Brandeis University and his J.D. magna cum laude from The John Marshall Law School.
- 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.
- 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.
- Robert T. Park
Robert T. Park
Robert T. Park is with the firm of Califf & Harper, P.C., in Moline, where he concentrates his practice in litigation, insurance defense, and insurance law. He was a member of the Illinois Leading Lawyers Network (2012 – 2014). He is the Editor of the ISBA Trial Briefs newsletter (2006 – present) and a member of the Illinois Association of Defense Trial Counsel (1977 – present; board member 1993 – 2005). He was chosen for Chicago Magazine’s list of Illinois Super Lawyers (2005 – present). Mr. Park is a member of the Rock Island, Scott County, Illinois State, and Iowa State Bar Associations, as well as holding federal bar membership in the U.S. District Court Central District of Illinois and Southern District of Iowa; the 7th Circuit Court of Appeals; and the United States Supreme Court. He received his B.A. with high honors from the University of Illinois, Urbana-Champaign and his J.D. from the University of Illinois College of Law, Urbana-Champaign.
- 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.
- Stefania Pialis
Stefania Pialis
Stefania Pialis is a Partner with Beermann Pritikin Mirabelli Swerdlove LLP in Chicago, where she concentrates her practice in the areas of commercial litigation, insurance coverage, employment law, and appeals. Ms. Pialis is a member of the Chicago and Illinois State Bar Associations. She received her J.D. from Michigan State University College of Law.
- Gregory C. Ray
Gregory C. Ray
Gregory C. Ray is a Partner at Craig & Craig, LLC, in Mattoon. His practice focuses on the defense of tort and employment claims and insurance coverage. He is a member of Defense Research Institute, the Illinois Appellate Lawyers Association, and the Illinois Association of Defense Trial Counsel, where he was President in 2002 – 2003.
- Michael T. Reagan
Michael T. Reagan
Michael T. Reagan, Law Offices of Michael T. Regan, in Ottawa, has tried cases in many Illinois counties and handled appeals in the Illinois Supreme Court, every district of the Illinois Appellate Court, and the Seventh Circuit Court of Appeals. Those cases have involved a wide spectrum of clients and issues. A Fellow of the American Academy of Appellate Lawyers, he also served as President of the Illinois Appellate Lawyers Association. Mr. Reagan served as a member of the Illinois Supreme Court Committee on Pattern Jury Instructions from 1985 – 1995 and as the Reporter to that Committee from 1996 – 2003. He was also a member of the Special Supreme Court Committee on Unpublished Opinions/Supreme Court Rule 23. Among other work for the Illinois State Bar Association, he has served as Chair of the Tort Law Section Council and Cochair of an ISBA Special Committee on Appellate Practice. He received the Maloney Tradition of Excellence Award from the ISBA in June 2009. Mr. Reagan has lectured and prepared numerous written submissions for many legal organizations. He received his B.S.M.E. from Purdue University and his J.D. from Georgetown University Law Center.
- 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.
- 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.
- Abraham Sandoval
Abraham Sandoval
Abraham Sandoval is an associate with Tressler LLP in Chicago, where he focuses his practice on insurance coverage, appellate litigation, and transportation liability. Mr. Sandoval received his undergraduate degree from Loyola University Chicago and his law degree from The John Marshall Law School.
- D.J. Sartorio
D.J. Sartorio
D.J. Sartorio is a Partner in Tressler LLP in Chicago, where he concentrates his practice in insurance and appellate practice. He is a columnist for Chicago Lawyer Magazine and has been named a Super Lawyer and an Illinois Leading Lawyer. He is a member of the American Bar Association and the Federal Trial Bar. Mr. Sartorio received his J.D. from the University of Illinois College of Law.
- William H. Schramm, III
William H. Schramm, III
William H. Schramm, III, is an associate at Cassiday Schade LLP in Chicago. He concentrates his practice in insurance coverage. He has been recognized as an Illinois 2019 Rising Stars Super Lawyer. He received his B.A. from the University of Notre Dame and his J.D. from Loyola University Chicago School of Law.
- Fred Allen Smith III
Fred Allen Smith III
Fred Allen Smith III is a Partner in Sedgwick LLP in Chicago. He concentrates his practice in the areas of insurance coverage litigation, healthcare, ERISA, and professional liability litigation. He is a member of the American, Illinois State, and Chicago Bar Associations, the Defense Research Institute, and the Illinois Association of Healthcare Attorneys. Mr. Smith received his B.A. from the University of Illinois and his J.D. from IIT Chicago-Kent College of Law. Following law school, he served as a law clerk for Justice Thomas J. Moran of the Illinois Supreme Court.
- Swathi S. Staley
Swathi S. Staley
Swathi S. Staley is legal counsel to YMCA of Metropolitan Chicago in Chicago. She focuses her practice on corporate law, mergers and acquisitions, and non-profits. She has presented Mergers & Acquisitions in the Security Industry for the International Association of Security and Investigative Regulators and Transitioning from the Public to Private Sector — Compliance Highlights for the Illinois Association of Chiefs of Police. Ms. Staley received her B.A. in from Saint Louis University and her J.D. from DePaul University College of Law.
- H. Wesley Sunu
H. Wesley Sunu
H. Wesley Sunu is with Sentry Insurance a Mutual Company in Stevens Point, Wisconsin. His practice focuses on insurance, reinsurance, and litigation. He is a member of the American Bar Association Tort Trial & Insurance Practice Section, the Intervarsity NW Wisconsin Advocacy Council, and the Defense Research Institute. Mr. Sunu received his B.A. from the University of Wisconsin-Madison and his J.D. from Loyola University 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.
- Frank M. Ward III
Frank M. Ward III
Frank M. Ward III is an associate with Hinshaw & Culbertson LLP in Chicago, where he focuses his practice on the area of insurance coverage. He represents insurance companies in complex coverage litigation involving the insurer’s duties and obligations under many types of insurance policies. He also provides coverage opinions. Mr. Ward received his B.S. from the Indiana University Kelley School of Business and his J.D. with honors from Valparaiso University School of Law.
- Edward J. Zulkey
Edward J. Zulkey
Edward J. Zulkey serves as General Counsel to Baker McKenzie in Chicago. He concentrates in insurance, risk management, partnership law, employment disputes, and professional liability. He is listed in Euromoney Legal Group’s current GUIDE TO THE WORLD’S LEADING INSURANCE & REINSURANCE LAWYERS,Illinois Super Lawyers for 7 years, and Naifeh and Smith’s THE BEST LAWYERS IN AMERICA in the practice of Commercial Litigation, Insurance Law and Legal Malpractice Law — Defendants for the last 17 consecutive years. He serves as adjunct professor of law at Northwestern University Pritzker School of Law. Mr. Zulkey received his B.A. from Northwestern University and his J.D. with honors from the University of Illinois College of Law.
Commercial and Professional Liability Insurance (ARCHIVED 2014 EDITION)
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