David represents policyholders in insurance coverage disputes. He has a wide-ranging practice involving counseling, mediation, arbitration, and litigation in state and federal courts throughout the United States. David regularly represents policyholders in coverage matters involving construction, directors’ & officers’ liability, professional errors & omissions, first-party property and business interruption, insurance brokers’ errors & omissions, environmental, products liability, and employment practices liability matters. David also counsels clients regarding insurance renewals, policy wording, notice issues, risk management issues, and the drafting of insurance requirements and indemnity clauses in client contracts.

David has significant prior insurance industry experience, having previously worked as a primary commercial underwriter and casualty facultative reinsurance underwriter. He holds the Chartered Property Casualty Underwriter (CPCU) and Associate in Risk Management (ARM) professional designations. David is a frequent writer and speaker on insurance coverage-related issues. In 2014, David was elected as a Fellow to the American College of Coverage Counsel.

SAMPLE REPRESENTATIONS

Aircraft Leasing Insurance - Representation of Japanese leasing company against insolvent U.S. insurer that issued a residual value insurance policy on a commercial passenger aircraft leased and operated by a New Zealand airline.

Construction Coverage - Representation of construction manager in coverage litigation arising out of alleged errors & omissions during the construction of a medical facility in Michigan.

First Party Property Coverage - Representation through trial and appeal in coverage litigation involving the destruction of a nursing home by a tornado in Western Oklahoma, even though the tornado struck 17 hours after the expiration of the insurance policy.

Trustee Errors & Omissions Coverage - Representation of the trustees of a Wisconsin-based college preparatory boarding school in coverage litigation arising from underlying litigation alleging breaches of fiduciary duty.

First Party Property Coverage - Representation of an electric utility in first-party property insurance coverage matters arising out of the catastrophic failure of a hydroelectric dam.

Toxic Tort Coverage - Representation of an Illinois-based Fortune 200 manufacturing company in litigation involving insurance coverage for defense costs and settlement of toxic tort claims filed by employees allegedly exposed to chemicals while applying the “stealth” coating to Lockheed fighter jets.

Construction Coverage - Representation of curtain wall contractor in coverage litigation arising out of alleged construction defects during the construction of a medical facility in Illinois. 

Insurance Brokers Errors & Omissions - Representation of consumer products manufacturer against insurance broker over error in the procurement of excess products liability coverage.

Medical Malpractice Liability Coverage - Representation of an Illinois physicians' group after medical malpractice insurer breached its duty to settle within policy limits, refused to pay verdict $4 million in excess of policy limits, and refused to post appellate bond.

Builder’s Risk Coverage - Representation of an Illinois-based independent power producer in builder’s risk claims arising out of collapse of portion of cogeneration plant during construction in Pennsylvania.

Products Liability Coverage - Representation of an Indiana-based children’s car seat manufacturer against both the excess insurer and the client’s insurance broker for indemnity for underlying product liability settlements under excess liability insurance policies.

Construction Coverage - Representation of construction manager in litigation regarding coverage for underlying defective construction claims at a hospital in South Carolina.

Insurance-related Transactions - Representation of an Illinois-based Fortune 150 corporation in negotiations involving novation and commutation agreements in connection with historical Kemper Insurance Company policies.

Pro Bono Matters

  • Representation of non-profit organization providing support to adults with autism in coverage dispute involving employment practices liability insurance.

  • Member of nine-attorney team that represented three Saudi nationals detained at Guantanamo Bay in habeas corpus proceedings.

  • Representation of Guatemalan immigrant in appeal of deportation order before U.S. Board of Immigration Appeals.

EDUCATION

University of Illinois College of Law (JD, 1993)
Northwestern University (BS, 1986)
Chartered Property Casualty Underwriter (CPCU) professional designation (1989)
Associate in Risk Management (ARM) professional designation (1989)

ADMISSIONS

Illinois, 1994
Minnesota, 1993 (retired)

COURTS & ADJUDICATIVE BODIES

United States Court of Appeals for the Seventh Circuit
United States District Court for the Central District of Illinois
United States District Court for the Northern District of Illinois
United States District Court for the Eastern District of Michigan
United States District Court for the District of Minnesota

MEMBERSHIPS

Fellow, American College of Coverage Counsel (2014-Current); Co-Chair, Litigation and Trial Practice Committee (2014-2016); Co-Chair, Extracontractual and Bad Faith Claims Litigation Committee (2018-2020)

American Bar Association, Tort Trial & Insurance Practice Section (“TIPS”), Vice Chair, Insurance Coverage Litigation Committee (2008-Current, 2000-2004); Co-Chair, Construction Law Subcommittee (2014-2015)

American Bar Association, TIPS Publications Editorial Board (2006-2008)

American Bar Association, Chair, TIPS Excess, Surplus Lines and Reinsurance Committee (2003-2005)

Illinois State Bar Association, Member, Insurance Law Section Council, 2002-2005; Co-Editor of the quarterly section newsletter The Policy (1998-2004)

Illinois State Bar Association, Member

PUBLICATIONS

 

“Defective Construction Claims: Why Do Illinois Courts Treat Construction Companies Like Criminals?” Coverage (the quarterly journal of the ABA Litigation Section’s Insurance Coverage Litigation Committee), Vol. 26 No. 2 (Spring 2016).

Co-author, “50 Insurance Cases Every Self-Respecting Attorney or Risk Professional Should Know,” International Risk Management Institute (2012).

“Buyer Beware: Insurance Coverage for Successor Liabilities.” The Brief (quarterly magazine of the American Bar Association’s Tort Trial & Insurance Practice Section) (Spring 2007).

“Insurance Coverage for Successor Liability.” International Risk Management Institute’s The Risk Report (December 2005).

“Recent Developments in Personal Injury Coverage for Defamation Claims.” Newsletter of the ABA Tort, Trial and Insurance Practice Section’s Insurance Coverage Litigation Committee (Fall 2002).

“Balancing the Tripartite Relationship Between Defendant, Defense Counsel, and Insurer.” Illinois Bar Journal (July 2000).

“Recent Developments in Excess, Surplus Lines and Reinsurance Law.” Tort & Insurance Law Journal (Winter 1999).

“California Supreme Court Addresses Allocation and Damages Issue.” CGL Reporter (Spring 1998).

“Recent Developments in Excess, Surplus Lines and Reinsurance Law.” Tort & Insurance Law Journal (Winter 1998).

SPEECHES

“Independent Counsel and the Tripartite Relationship: The Cumis Doctrine and Others Entitling Insureds to Pick Their Own Lawyers and Control Their Defense.” American College of Coverage Counsel's Insurance Law Symposium at American University Washington College of Law (October 2018).

“Law Firm Data Breaches.” Illinois Policyholders Coverage Group Luncheon, Chicago, IL (June 2016).

“Cyber Liability.” American College of Coverage & Extracontractual Counsel Annual Meeting, Chicago, IL (May 2016).

“Defective Construction Claims: Why Do Illinois Courts Treat Construction Companies Like Criminals?” ABA Tort Trial & Insurance Practice Section Insurance Coverage Litigation Committee Regional Meeting, Chicago, IL (January 2016).

“Advanced Duty to Defend.” PLRB/LIRB Claims Conference, Nashville, TN (April 2011).

“Insurance for Aviation Business Owners: Will Your Policy Cover You When You Need It? MARPA 2010 Annual Conference, Las Vegas, NV (October 2010).

“Advanced Duty to Defend.” DRI Insurance Coverage and Claims Institute, Chicago, IL (April 2010).

“Managing the Risks Associated with Defective Foreign Products.” The National Forum for Environmental and Toxic Tort Issues, Fifteenth Annual Conference, Chicago, IL (October 2008).

“Significant Additional Insured Developments Within the Last Year.” ABA Tort Trial & Insurance Practice Section Insurance Coverage Litigation Committee Midwinter Meeting, Marina del Rey, CA (March 2008).

“Mediating the Complex Coverage Dispute: The Policyholder’s Perspective.” Chicago Bar Association/Young Lawyers Section, Emerging Issues in Insurance Coverage, Chicago, IL (April 2007).

“Henkel v. Hartford and its Implications for the Transfer of Insurance Coverage in Corporate Acquisitions.” ABA Annual Meeting, Tort Trial & Insurance Practice Section, Chicago, IL (August 2005).

“Client Through a Corporate Acquisition in Light of Henkel.” ABA Tort Trial & Insurance Practice Section Insurance Coverage Litigation Committee Midwinter Meeting, Phoenix, AZ (February 2005).

“Understanding and Maximizing Your Company’s Insurance Coverage.” 12th Annual National Workers’ Compensation and Disability Conference, Chicago, IL (November 2003).

“The Duty to Defend Under Illinois Law.” Mealey’s Fundamentals of Insurance Coverage Law Conference, Chicago, IL (October 2003).

“Balancing the Tripartite Relationship Between Defendant, Defense Counsel & Insurer.” ABA Tort Trial and Insurance Practice Section Fall Leadership Meeting, Savannah, GA (October 2003).

“The ISO Terrorism Exclusions: A Reasonable Solution or an Overbroad Minefield for Coverage Disputes?” ABA Annual Meeting, (August 2002).

“The Tripartite Relationship: Managing Conflict.” Illinois State Bar Association Insurance Coverage 101: Understanding the Basics, Chicago, IL (May 2002).

“Recent Developments in Personal Injury Coverage for Defamation Claims.” ABA Tort Trial & Insurance Practice Section Insurance Coverage Litigation Committee Midwinter Meeting, New Orleans, LA (February 2002).

“Balancing the Tripartite Relationship Between Defendant Defense Counsel & Insurer.” CPCU Chicago Northwest Suburban Chapter, Everything You Wanted to Know About Ethics in Insurance Claims (but were afraid to ask!), (June 2000).

“The Insurance Coverage Implications of E-Commerce.” ABA Tort Trial & Insurance Practice Section Insurance Coverage Litigation Committee Midwinter Meeting, Coronado, CA (February 2000).

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