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List of Forms by Chapter
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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
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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
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Chapter 2 — Introduction to Professional Liability Coverages
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Chapter 3 — Professional Liability Claims-Made Issues
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Chapter 4 — Introduction to Commercial Liability Coverages — Overview of the Forms
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Chapter 5 — Commercial Liability/Occurrence Issues
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Chapter 6 — Duty To Defend
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Chapter 7 — Understanding Fundamental Language of Commercial General Liability Policies
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Chapter 8 — Intentional Act Exclusion
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Chapter 9 — Exclusion by Risk
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Chapter 10 — Other Insurance
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Chapter 11 — Notice and Cooperation
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Chapter 12 — Number of Occurrences or Claims
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Chapter 13 — Coverage Issues Raised by E-Mail and the Internet
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Chapter 14 — Pollution Exclusion
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Chapter 15 — Additional Insured Endorsements and Certificates of Insurance Under Commercial Liability Policies
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Chapter 16 — Duty To Settle — Exhaustion
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Chapter 17 — Declaratory Judgment Litigation
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Chapter 18 — Extra-Contractual Damages
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Chapter 19 — Excess Insurance
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Thomas W. Arvanitis
Thomas W. Arvanitis
Thomas W. Arvanitis is a Partner at Nicolaides Fink Thrope Michaelides Sullivan LLP in Chicago. He concentrates in providing coverage advice and representing insurers in complex coverage litigation. He is a member of Defense Research Institute and Hellenic Bar Association. Mr. Arvanitis received his B.S. from University of Illinois at Urbana-Champaign and his J.D. from Loyola University Chicago School of Law.
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Anthony N. Balice
Anthony N. Balice
Anthony N. Balice is an associate 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 DePaul University College of Law.
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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, 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.
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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.
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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.
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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 coverage. He is a member of the International and American Bar Associations. 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.
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Patrick D. Cloud
Patrick D. Cloud
Patrick D. Cloud is a Partner at Heyl, Royster, Voelker & Allen, P.C., in Edwardsville. He focuses his practice on insurance coverage. 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 School of Law.
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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.
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Karen M. Dixon
Karen M. Dixon
Karen M. Dixon is a Partner with Skarzynski Marick & Black LLP, in Chicago, where she concentrates her practice in counseling insurers on complex insurance coverage issues and litigating coverage matters on their behalf. She has coauthored many articles and book chapters on a variety of insurance topics. Ms. Dixon served on the IIT Chicago-Kent College of Law Alumni Board of Directors (2012 – 2018), and she has received the AV Preeminent peer review rating from Martindale-Hubbell. She is a member of the Chicago Bar Association, DRI, and the Union League Club of Chicago. Ms. Dixon earned her B.A. from the University of Nebraska-Lincoln and her J.D. with highest honors, Order of the Coif, from IIT/Chicago-Kent College of Law, where she was the recipient of the Academic Merit Scholarship and CALI awards for Evidence, Legislative Advocacy and Capital Punishment, and Judicial Procedure.
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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 Thomas M. Cooley Law School and his B.A. from the Unviersity of Minnesota, Twin Cities.
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Matthew D. Elster
Matthew D. Elster
Matthew D. Elster is a Partner at Beermann LLP in Chicago. He concentrates his practice in civil appeals. He is a member of the Appellate Lawyers Association. Mr. Elster received his B.S. from University of Illinois at Urbana-Champaign and his J.D. from Notre Dame Law School.
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Gregory C. Flatt
Gregory C. Flatt
Gregory C. Flatt is an associate 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 a 2018 Emerging Lawyer. Mr. Flatt received his B.A. from the University of Iowa and his J.D. from Washington University in St. Louis School of Law.
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Daniel I. Graham, Jr.
Daniel I. Graham, Jr.
Daniel I. Graham, Jr., is a partner at Nicolaides Fink Thorpe Michaelides Sullivan LLP in Chicago. He concentrates his practice in insurance coverage and appeals. He was a Chambers USA Up and Coming Individual — Insurance: Dispute Resolution in 2011 and 2012, a Chambers USA — Associate to Watch in 2010, and a Leading Lawyer in Illinois in 2016, 2017, 2018, and 2019. Mr. Graham received his B.A. from Barat College and his J.D. from The John Marshall Law School.
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Jamie L. Hull
Jamie L. Hull
Jamie L. Hull is a Partner at Cassiday Schade LLP in Chicago, where she focuses on insurance, commercial, and appellate matters. She is a member of the American, Illinois State, and Chicago Bar Associations, the Illinois JusticeCorps Committee, the Illinois Association of Defense Trial Counsel, and the Professional Liability Underwriting Society. She is the Chair of Membership Retention for the Defense Research Institute and has been recognized as a Leading Lawyer by Law Bulletin Media and a Super Lawyers Rising Star by Thomson Reuters. Ms. Hull received her B.A. from Miami University and her J.D. from The John Marshall Law School, where she was the Executive Lead Articles Editor for the John Marshall Law Review.
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Fritz K. Huszagh
Fritz K. Huszagh
Fritz K. Huszagh is the sole proprietor of Fritz K. Huszagh, Attorney at Law & Counselor, in Vernon Hills. He concentrates in litigation and counseling in insurance and reinsurance and expert witnesses. He is a member of the American Bar Association and served on the Insurance Law Section Council of the Illinois State Bar Association and the William J. Hibbler Memorial Pro Se Assistance Program Federal Court Help Desk. Mr. Huszagh received his B.A. from St. Olaf College and his J.D. with honors from Chicago-Kent College of Law.
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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.
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Michael M. Marick
Michael M. Marick
Michael M. Marick is a Partner at Skarzynski Marick & Black LLP, in Chicago, where his nationwide practice is focused on insurance coverage litigation and counseling. He has held leadership positions in many professional organizations, has been recognized by Chambers USA: America’s Leading Lawyers for Business and Euromoney’s World’s Leading Insurance and Reinsurance Lawyers, and is a fellow of the American College of Coverage Counsel. Mr. Marick earned his B.A. from Denison University and his J.D. from IIT Chicago-Kent College of Law.
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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 co-chair 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. He is a member of the American and Illinois State Bar Associations and is past president of the Peoria County Bar Association. Mr. Mueller received his undergraduate degree from the University of Oklahoma and his J.D. from the University of Michigan Law School.
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Ronald L. Ohren
Ronald L. Ohren
Ronald L. Ohren is Counsel to Baker McKenzie. 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 John Marshall Law School.
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Michael H. Passman
Michael H. Passman
Michael H. Passman is an associate with BatesCarey LLP, in Chicago, where he concentrates his practice in insurance law representing insurers in coverage disputes, with an emphasis on commercial liability coverage and public entity coverage. He has represented insurers in complex insurance coverage litigation in a variety of coverage areas in both state and federal court. He is a member of the Claims and Litigation Management Alliance. Mr. Passman has written for FLASHPOINTS (IICLE®, 2015 – present) and COMMERCIAL AND PROFESSIONAL LIABILITY INSURANCE (IICLE® 2019). He earned his B.A. from the University of Chicago and his J.D. from Brooklyn Law School.
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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.
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Michael L. Resis
Michael L. Resis
Michael L. Resis is a Partner at SmithAmundsen LLC in Chicago. 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 and the Illinois State Bar Association. 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.
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John W. Robertson
John W. Robertson
John W. Robertson is an associate at Statham & Long, LLC, in Galesburg. He focuses his practice on insurance defense, insurance coverage, and general litigation. He is a member of the Illinois State Bar Association, the Illinois Association of Defense Trial Council, and the Appellate Lawyers Association of Illinois. He received his B.A. from Ripon College and his J.D. from University of Illinois College of Law.
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Eric L. Routman
Eric L. Routman
Eric L. Routman is the Law Offices of Eric L. Routman in Northbrook. He focuses on insurance coverage. He is a mediator and arbitrator. He holds an AV rating from Martindale Hubbell and is a member of the Society of Chartered Property and Casualty Underwriters. Mr. Routman received his undergraduate degree from George Washington University and his J.D. from The John Marshall Law School.
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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.
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Joseph J. Stafford
Joseph J. Stafford
Joseph J. Stafford is an associate at Wilson Elser Moskowitz Edelman & Dicker LLP, in Chicago. He focuses his practice on insurance coverage. He is a member of the Chicago Bar Association and Lawyers for the Creative Arts. He has been recognized as a Super Lawyers Rising Star in Illinois from 2014 to 2019. He received his B.A. from the University of Illinois at Urbana-Champaign and his J.D. from The John Marshall Law School.
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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.
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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.
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Kevin A. Titus
Kevin A. Titus
Kevin A. Titus is a Partner at Litchfield Cavo LLP in Chicago. He focuses on insurance coverage and toxic torts. He is a member of the American Bar Association Tort, Trial & Insurance Practice Section, the Illinois State Bar Association, and Defense Research Institute. Mr. Titus received his B.S. from the Wharton School of the University of Pennsylvania and his J.D. from the University of Michigan Law School.
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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 disputes, commercial litigation, appeals, and environmental law. He is a board member of the Illinois Association of Environmental Professionals, a Cook County Arbitrator with Chair Designation, and a former judicial clerk for the Illinois appellate court. He received his B.A. from Augustana College and his J.D. from Valparaiso University School of Law.
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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 2019 Edition
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