David F. Cutter

Partner

Chicago
Business Phone: 312.759.5556
Business Fax: 773.877.3722

david.cutter@troutmansanders.com

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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” who is also “highlighted by sources for his negotiation skills.”

David’s insurance practice involves many coverage lines and a variety of underlying claims, including securities, fraud, governmental investigations, construction, environmental, employment, asbestos, and first-party property 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.

In addition to his insurance practice, David has an active civil litigation docket, defending corporations against both individual and class actions. He also provides transactional advice to corporations on risk allocation, including the operation of contractual indemnities and related insurance matters.

Representative Matters

Insurance Litigation

  • Representing insurance brokerage in rescission dispute involving extensive Hurricane Sandy damage.
  • Representing insurer in public company D&O coverage dispute involving coverage for FTC investigative costs.
  • Representing several insurers in litigation in multiple jurisdictions against insured seeking coverage for environmental liabilities.
  • Representing insurers in numerous non-litigated matters, providing coverage advice, monitoring claims, and negotiated favorable settlements.
  • Represented insurer in public company D&O coverage dispute involving related claims and prior notice issues, negotiating favorable settlement.
  • Represented insurer and secured favorable declaratory judgment for insurer that several contractors are not entitled to additional insured status against $32 million claim for personal injuries resulting from construction accident.
  • Represented insurer and obtained dismissal of suit seeking nearly $10 million in additional coverage based upon the insurer’s and its agent’s alleged failure to determine the appropriate amount of insurance.
  • Represented insurer in appellate matter seeking reversal of jury verdict in favor of insured for bad faith refusal to settle trucking accident.

Commercial Litigation

  • Representing fitness company in putative consumer fraud class action involving sale of gift cards
  • Representing insurer in putative class action related to premium rates on certain types of automobile insurance.
  • Representing insurer in putative class action involving antitrust claims related to its automobile repair program.
  • Representing energy company with challenge to certain provisions of proposed regulations related to surety bonding.
  • Represented premises owner in several liability cases involving alleged exposure to asbestos.
  • Represented 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.

Publications

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

  • Recognized in the Best Lawyers in America in Insurance Law (2015-2017)
  • Listed as Band 3 for Insurance: Dispute Resolution – Illinois by Chambers USA (2012-2017) (listed as “up and coming” 2010-2011)
  • Recognized as an Illinois Super Lawyer for Insurance Coverage (2013-2016)
  • Recognized in The Legal 500 United States for Insurance (2016).

Professional Experience

  • 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
Judicial Clerkships
  • The Hon. Aubrey E. Robinson, Jr., U.S. District Court for the District of Columbia, 1996 – 1997

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Education

  • Catholic University of America, J.D., magna cum laude, 1995
    Class Salutatorian
    Executive Editor and Staff Member, Catholic University Law Review
  • University of Michigan, B.G.S., 1989

Bar Admissions

  • 2002 Illinois
  • 1997 District of Columbia
  • 1995 Maryland

Court Admissions

  • U.S. District Court for the Northern District of Illinois, including Trial Bar