David Cutter has a national insurance litigation practice representing insurers in D&O, professional liability, and general liability matters. As noted in recent editions of Chambers, David “is respected in the field as an excellent litigator” and “clients describe him as ‘a very smart and hard-working trial lawyer.’” David also litigates a variety of commercial disputes, including class actions, involving consumer fraud, state and federal statutory violations, and breach of contract and tort matters.
In addition to his litigation practice, David provides coverage advice in pre-coverage litigation situations, both with respect to substantive coverage issues and contentious claim handling issues such as an insurer’s defense and settlement obligations. David also provides transactional advice to corporations on matters related to risk allocation, particularly with respect to the operation of contractual indemnities and related matters.
Prior to focusing his practice primarily on representing insurers, David clerked for a federal judge and served as a commercial litigator representing policyholders in coverage litigation for almost a decade. As a result of these different perspectives, David has learned to develop strategies for efficient resolution of matters through early settlement evaluation and targeted litigation of particular issues. When matters are not amenable to an early resolution, David positions disputes for favorable resolution through effective discovery strategies and dispositive motion practice, and, if necessary, trial and appeal.
Insurance Coverage Litigation
- Drafted appellate briefs seeking reversal of jury verdict in favor of insured for bad faith refusal to settle trucking accident (currently pending).
- After leading fact and expert discovery for joint defense group, drafted summary judgment briefs regarding numerous dispositive issues in securities entity and bankers professional liability coverage dispute related to a Ponzi scheme (currently pending).
- Obtained dismissal of complaint against insurer seeking nearly $10M in additional coverage based upon the insurer’s and its agent’s alleged failure to determine the appropriate amount of insurance.
- Lead counsel for insurer seeking declaratory judgment that several contractors are not entitled to additional insured status against $32 million claim for personal injuries resulting from construction accident.
- Led the discovery process and assisted with negotiation of favorable settlement of claim seeking indemnification for settlement of qui tam action under professional and management liability policies.
- Filed litigation and then successfully negotiated interim resolution regarding coverage for hazmat explosion and subsequent fire at a chemical plant which required evacuation of numerous neighboring landowners.
- Secured anti-suit TRO and preliminary injunction precluding insurer client from being repeatedly sued across the country (both of which were affirmed on appeal).
- Lead counsel in several subrogation actions, securing favorable summary judgment rulings and obtaining substantial recoveries for insurers.
- Lead counsel for insurer against class action related to premium rates on certain types of automobile insurance.
- Assisting with defense of antitrust and related claims against insurer related to its automobile repair program.
- Assisting energy company with challenge to certain provisions of proposed regulations related to surety bonding.
- Defended premises owner in several liability cases involving alleged exposure to asbestos.
- Defended media company in junk-fax class action.
Presentations and Speaking Engagements
- "Business Espionage - A Minefield of PLI Exposures," PLUS Professional Risk Symposium, April 20, 2016.
- “Extra-Contractual - What Is The Meaning of Bad Faith," CLM Annual Conference, April 7, 2016.
- “Navigating Prior and Pending and Other Issues,” PLUS Professional Risk Symposium, April 28, 2015.
- “How to Waive Attorney-Client Privilege Without Even Trying,” CLM Annual Conference, March 26, 2015.
- “All Sums, Reallocation, and Settlement Credits,” HB Litigation Conferences, May 10, 2012.
- “Avoiding Coverage Quagmires: How to Foster Positive Relationships Between Insurers and Insureds and, if the Relationship Sours, How to Succeed in Coverage Litigation," Chicago Bar Association, May 9, 2011.
- “Coverage Matters: What Every Commercial Litigator Should Know About Insurance Issues,” Chicago Bar Association, October 27, 2010.
- “Inside Insights: Insuring Success With Insurer In-house Individuals,” Chicago Bar Association Insurance Law Committee, December 2, 2009.
Professional and Community Involvement
- Board Member (2012-2016) and Vice President, Governance (2013-2016), Youth and Opportunity United, Inc. (YOU) (youth development agency providing out-of-school enrichment, family support, and counseling, services to underserved youth and their families in Evanston, Illinois)
- Vice-Chair, Chicago Bar Foundation Investing in Justice Campaign (fundraising for legal services organizations) (2012-2014)
- Chicago Bar Association Insurance Law Committee (Chair, 2010-2011; Vice-Chair, 2009-2010)
- Co-Chair, Noah’s Playground For Everyone Committee (fundraising to build fully-accessible public playground and beach access)
Rankings and Recognition
- Named to the Best Lawyers in America 2015 Edition in Insurance Law
- Listed as Band 3 for Insurance: Dispute Resolution - Illinois by Chambers USA (2012-2015) (listed as “up and coming” 2010-2011)
- Recognized as an Illinois Super Lawyer for Insurance Coverage (2013-2015)
- Partner, Troutman Sanders, 2009 - present
- Partner, Ross, Dixon & Bell, LLP, 2008
- Of Counsel, Ross, Dixon & Bell, LLP, 2007
- Associate, Ross, Dixon & Bell, LLP, 2005 – 2006
- Associate, Mayer, Brown, Rowe & Maw, 2001 – 2005
- Associate, Hogan & Hartson, 1997 – 2001
- Associate, Winston & Strawn, 1995 – 1996
- The Hon. Aubrey E. Robinson, Jr., U.S. District Court for the District of Columbia, 1996 – 1997
- Catholic University of America, J.D., magna cum laude, 1995
Executive Editor and Staff Member, Catholic University Law Review
- University of Michigan, B.G.S., 1989
District of Columbia
U.S. District Court for the Northern District of Illinois, including Trial Bar