David is an experienced litigator who focuses his practice on insurance matters and complex commercial disputes. Rated by Chambers USA as “up and coming” for Insurance Dispute Resolution in Illinois, David has an extensive practice representing insurers in litigated and nonlitigated matters involving bodily injury and property damage claims stemming from underlying asbestos, environmental, mass tort, commercial auto, construction, and product losses, as well as professional liability and director’s and officer’s coverage disputes. David compliments his insurance practice with a wide variety of commercial litigation matters involving breach of contract, business torts, violations of federal statutes, and products and premises liability.
Representative Experience
Insurance Litigation
Obtained summary judgment ruling regarding priority of coverage in contribution action
Over intervening third-party objections, obtained discovery of negotiations between tort plaintiffs and defendant that culminated in a pre-packaged bankruptcy plan in asbestos coverage dispute
Defeated motion to compel discovery of unrelated claim file materials in bankers professional liability coverage action
Defeated motion for summary judgment regarding contractual conditions in contribution action
In a multi-million dollar asbestos bodily injury insurance coverage suit, second-chaired multi-month trial resulting in a ruling that the insured had failed to demonstrate primary exhaustion.
Obtained an anti-suit temporary restraining order (affirmed by appellate court) and, following an evidentiary hearing, a preliminary injunction (affirmed by appellate court) preventing client from being sued in multiple jurisdictions.
Following a bench trial, secured a favorable trial court ruling (affirmed by state Supreme Court) awarding insured a small fraction of its claim for coverage for environmental property damage losses.
Obtained numerous favorable summary judgment rulings regarding number of occurrences, allocation, duty to indemnify for defense costs, and settlement credits in asbestos bodily injury insurance coverage suit
Obtained a favorable ruling regarding the scope of discovery in the possession of a party’s out-of-state outside counsel in D&O coverage case
Insurance Counseling
Advised client regarding construction defect litigation, negotiating settlement of both coverage and liability issues
Advised client regarding settlement obligations in connection with lawyers malpractice claim
Advised client regarding coverage issues associated with allegations of repeated sexual abuse of children over the span of many years
Advised client regarding potential for uncovered exposure with respect to commercial trucking claim
Advised client regarding environmental bodily injury and property damage claims, negotiating settlement of coverage issues
Commercial Litigation
Assisted with defense of a claim for breach of professional services contract
Defended premises owner in several liability cases involving alleged exposure to asbestos
Investigated possible contractual and tort causes of action as well as methods to obtain relief for real estate investment trust shareholder against acquiring corporate entities
Assisted with the settlement of class action related to unauthorized cell phone charges
Assisted with defense of financial services company in unfair debt collection action
Assisted with defense of media company in junk-fax class action
Presentations
Panelist, “All Sums, Reallocation, and Settlement Credits,” HB Litigation Conferences, May 10, 2012.
Moderator, “Avoiding Coverage Quagmires: How to Foster Positive Relationships Between Insurers and Insureds and, if the Relationship Sours, How to Succeed in Coverage Litigation," Insurance Law Committee and Young Lawyers Insurance Coverage Section of the Chicago Bar Association, May 9, 2011.
Panelist, “Coverage Matters: What Every Commercial Litigator Should Know About Insurance Issues,” Commercial Litigation Committee and the Insurance Law Committee of the Chicago Bar Association, October 27, 2010
Moderator, “Inside Insights: Insuring Success With Insurer In-house Individuals,” Chicago Bar Association Insurance Law Committee, December 2, 2009.
Community Activities
Vice-Chair, Chicago Bar Foundation Investing in Justice Campaign (2012)
Chair, Chicago Bar Association Insurance Law Committee (2010-2011; Vice-Chair, 2009-2010).
Co-Chair, Noah’s Playground For Everyone Committee (fundraising to build fully-accessible public playground and beach access).
On-Air Participant, The MIX Radiothon (fundraising for Children’s Memorial Hospital) (2006 – 2011).