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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.

 

Asbestos - Representation of manufacturer in dispute with insurers over treatment of underlying asbestos personal injury litigation under thirty-year-old claims handling agreement.

 

Attorney Malpractice - Representation of attorney in litigation against successive professional liability insurers in connection with underlying litigation brought by bankruptcy trustee.

 

Biometric Information Privacy Act -

 

  • Representation of national chain of automobile collision repair centers in coverage issues arising out of the Illinois Biometric Information Privacy Act (“BIPA”).

 

  • Representation of multiple fast food restaurant franchisees in coverage issues arising out of BIPA.

 

  • Representation of chain of suburban grocery stores in coverage issues arising out of BIPA.

 

Construction Coverage -

 

  • Representation of construction manager regarding coverage issues arising out of underlying litigation alleging defective construction at a 50-story mixed-use commercial and residential tower in Atlanta. 

 

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

 

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

 

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

 

  • Representation of joint engineering venture regarding coverage issues arising out of underlying personal injury litigation alleging professional negligence on an Illinois Tollway construction project. 

  • Representation of Illinois property development firm in coverage issues arising out of alleged damage to adjacent buildings during construction of new home in Chicago.

 

  • Representation of Chicago-based general contractor in coverage issues arising out of alleged defects during the construction of a residential condominium building in Chicago.

 

  • 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.

 

  • Representation of construction manager in coverage dispute over damage to wind turbine nacelle during construction in Michigan.

 

  • Representation of engineering firm in dispute with insurer over whether significant self-insured retention can be eroded by defense cost payments made by other insurers.

 

  • Representation of construction manager in coverage issues arising out of underlying litigation alleging defects in the construction of a public library in Arizona.

COVID-19 Coverage - Provided insurance coverage advice to Illinois hospital network in connection with business interruption coverage issues arising out of the COVID-19 pandemic.

 

Directors & Officers Liability Coverage -

 

  • Representation of turnaround management firm in claim against directors’ and officers’ liability insurer arising out of underlying claims by a bankruptcy trustee alleging breaches of fiduciary duties.

 

  • Representation of steel distributor in claim against directors’ and officers’ liability insurer arising out of underlying litigation alleging breaches of fiduciary duties by client’s directors and officers.

 

Fiduciary Liability Coverage -

 

  • Representation of trustees of retirement plan for mass transit employees in coverage litigation arising out of underlying litigation alleging breaches of fiduciary duties.

 

  • Representation of hospital network in dispute with fiduciary liability insurer over coverage for underlying class action claims alleging ERISA violations.

 

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.

 

  • Representation of a Missouri electric utility in first-party property insurance coverage matters arising out of the catastrophic failure of a hydroelectric dam.

 

  • Representation of Missouri power generator regarding coverage issues arising out catastrophic water intrusion at its generating facility.

 

  • Representation of Illinois-based manufacturing firm in coverage dispute arising out of mercury contamination at one of it warehouses.    

 

  • Representation of Indiana homeowners in coverage litigation arising out of failure of insurer to pay for fire damage to home.

Insurance Brokers Errors & Omissions -

 

  • Representation of child car seat manufacturer in litigation against insurance broker over error in the procurement of excess products liability coverage.

 

  • Representation of Midwest chain of home improvement stores in litigation against insurance broker over error in the procurement of first-party property insurance coverage for manufacturing facility.

 

  • Representation of firm providing pre-hire talent assessment services against insurance broker over failure to procure appropriate errors & omissions liability coverage.

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.

Medical Malpractice and Healthcare Professional 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.

 

  • Representation of healthcare staffing company in coverage dispute with professional liability insurer over insurance coverage for underlying claim alleging vicarious liability for nursing malpractice.

 

Premises Liability -

 

  • Representation of national shopping mall owner/operator regarding coverage issues arising out underlying personal injury litigation involving a shooting at a mall parking lot in Las Vegas. 

 

  • Representation of condominium association in coverage litigation arising out of underlying personal injury litigation involving injuries incurred due to collapse of rooftop water tower in Chicago.

 

Products Liability Coverage - Representation of an Indiana-based child car seat manufacturer against excess insurer for indemnity for underlying product liability settlements.

 

Securities Broker/Dealer E&O Coverage -

 

  • Representation of North Dakota securities broker/dealer in coverage issues arising out of multiple FINRA arbitrations involving suitability claims.

 

  • Representation of Texas securities broker/dealer in coverage issues arising out FINRA arbitration alleging negligence in connection with “selling away” claims.

 

  • Representation of Chicago wealth management firm in coverage issues arising out of social engineering fraud scheme.

 

  • Representation of Chicago-area broker/dealer in coverage issues arising out of multiple underlying FINRA arbitrations alleging suitability and fraudulent transfer claims.

 

  • Representation of North Dakota securities broker/dealer in litigation with its E&O insurer regarding extent to which insurer was entitled to recover proceeds from client’s settlement with third party pursuant to subrogation clause of policy.

 

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.

 

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.

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).