David F. Cutter is an experienced litigator who focuses his practice on insurance matters and complex commercial disputes.  Rated in the 2010 edition of 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, construction, and product losses; director’s and officer’s and professional liability coverage; bad faith and other extra-contractual allegations; disputes related to control of settlement and defense of underlying claims; coverage implications of an insured’s bankruptcy; advertising and personal injury coverage; breach of policy conditions; contractual indemnification and associated coverage issues; additional insureds and priority of coverage; fiduciary liability coverage; and reinsurance.  David’s insurance experience spans the range of the dispute-resolution process, including pre-suit claim investigation, analysis, and alternative dispute resolution; trial-level work involving temporary and permanent injunctive relief, extensive fact and expert discovery, dispositive motion practice and trial; and securing favorable appellate rulings.  In addition, David compliments his insurance practice with a wide variety of commercial litigation matters involving products and premises liability, media, communications, employment, breach of contract, and business tort disputes.  While being extensively involved in matters in Illinois, David has counseled clients and handled matters nationwide in state and federal courts and before regulatory agencies. 

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 by targeting particular issues.  At the same time, David has the expertise to position matters for favorable resolution through dispositive motion practice, trial, and, if necessary, appeal.  David is a well-rounded litigator, with a wide depth of substantive knowledge and litigation skills that enable him to obtain superior results for his clients in their most challenging matters.  While insurance clients frequently turn to David for matters involving their highest exposures, David’s unique skill set and experience permits him to add value and efficiency to a range of insurance and litigation disputes, large and small. 

Representative Experience
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 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. 

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 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. 

Saved a client potentially tens of millions of dollars by obtaining a favorable trial court ruling finding no coverage as a result of the insured’s breach of consent to settle obligations.

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 defense of media company in junk-fax class action.

Community Activities
Chicago Bar Association Insurance Law Committee (Chair, 2010-2011; Vice-Chair, 2009-2010). 

Moderator, “Inside Insights:  Insuring Success With Insurer In-house Individuals,” Chicago Bar Association Insurance Law Committee, December 2, 2009.

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 – 2009).

Member, Campaign for a Sustainable JRC, Jewish Reconstructionist Congregation (Evanston, IL) (continued fundraising for construction of the first house of worship to receive LEED Certification at the Platinum Level by the US Green Building Council). 

Involved in the adoption community (parent, with wife Julie, of an adopted daughter from China and an adopted son from Ethiopia).