David is an experienced litigator who focuses his practice on insurance matters and complex commercial disputes. David has been rated by Chambers USA as a leading lawyer for Insurance Dispute Resolution in Illinois since 2010. The 2012 edition of Chambers USA noted that David’s “impressive profile continues to grow. . . [he] is respected in the field as an excellent litigator.”
David has a diverse practice representing insurers in litigated and nonlitigated general liability matters involving bodily injury and property damage claims stemming from underlying asbestos, environmental, mass tort, commercial auto, construction, and product losses. David also is actively involved in professional liability and director’s and officer’s coverage matters, counseling clients with respect to coverage and monitoring issues as well as handling litigation when disputes arise. 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.
Prior to focusing his practice primarily on representing insurers, David clerked for a federal judge, spent five years as a commercial litigator, and spent nearly four years representing policyholders in coverage litigation. As a result of these different perspectives, David has learned to skillfully navigate disputes from beginning to end and to develop strategies for early and efficient resolution of matters without extensive litigation. At the same time, David has the expertise to position matters for favorable resolution through effective discovery strategies and dispositive motion practice, and, if necessary, trial and appeal.
Insurance Coverage Litigation
After being brought in as appellate counsel, secured reversal of trial court denial of leave to amend complaint to assert additional coverage defenses.
Obtained summary judgment ruling regarding priority of coverage and defeated motion for summary judgment regarding contractual conditions in contribution action.
Defeated motion to compel discovery of unrelated claim file materials in D&O/professional liability coverage 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.
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, and obtained numerous favorable summary judgment rulings.
Insurance Claim Counseling and Monitoring
Advised client regarding consent, cooperation and coverage matters under D&O policy regarding underlying securities class action claim.
Advised client regarding coverage and settlement obligations in connection with lawyers malpractice claim.
Advised client regarding construction defect litigation, negotiating settlement of both coverage and liability issues.
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.
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.
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.
Subject of feature article, "Turning Loss into Legacy of Inclusiveness," Chicago Lawyer, September 1, 2012.
Board Member, Youth Organizations Umbrella, Inc. (youth development agency providing after-school enrichment, family support, and counseling, services to youth and their families in Evanston, Illinois) (2012)
Chair, Troutman Sanders Chicago Office Pro Bono Committee
Vice-Chair, Chicago Bar Foundation Investing in Justice Campaign (fundraising for legal services organizations) (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)