Illinois Association of Defense Trial Counsel

Insurance Defense

Litigation Defense

Insurance Coverage Law

• University of Arizona, BA, 1995
• Southern Illinois University, JD, 2004

• State of Illinois
• State of Missouri
• USDC – Northern District of Illinois
• USDC – Central District of Illinois
• USDC – Southern District of Illinois

Insurance Coverage

Representation of the interests of insurance companies in litigation to determine coverage for a particular claim.

Personal Injury, Taxi Representation — Commercial Transportation Law

Designated by insurance companies to provide representation and defense against personal injury litigation brought against insured defendants stemming from motor vehicle accidents.

Construction — Insurance Defense, Construction Law

Defended construction sub-contractors in litigation filed by claimants alleging defectively performed work.

Standards for Physician’s Expert Endorsements in Advertisements: Are the Current Standards Adequate to Protect Consumers? (September 2003)

• Defending Bad Faith ActionsJune 7, 2018
  In insurance coverage litigation, bad faith claims are somewhat common. Bad faith actions, under section 155 of the Illinois Insurance Code, provide a remedy to insureds for an insurance company’s vexatious and unreasonable refusal to honor its contract with the insured.
• How is the Duty to Defend Determined in Insurance Coverage Cases?May 18, 2018
  One of the most important considerations in insurance coverage cases is determining whether an insurance company has a duty to defend and a duty to indemnify its insured. But how is this determination of insurance coverage made?
• How Much Underinsured Coverage Is An Insurance Company Required To Pay When There Are Multiple Tortfeasors?September 29, 2017
  Insurance coverage for underinsured and uninsured motorist coverage laws are often times confusing. One source of such confusion is the determination of coverage owed when there are multiple tortfeasors. The recent case of Illinois Emcasco Ins. Co. v. Tufano, 2016 IL App (1st) 151196 provides guidance in this circumstance.
• Who Are Necessary And Indispensable Parties In Insurance Coverage LitigationJune 30, 2017
  When it comes to insurance coverage litigation, a key tool used in coverage disputes is the declaratory judgment action.  Once an insurance company determines that a declaratory judgment action must be filed to determine insurance coverage under its policy, there are certain parties that must be named as defendants for the complaint to survive dismissal.
• Distinction Between the Duty to Defend and the Duty to Indemnify in Insurance Coverage LawMarch 15, 2017
  In determining insurance coverage, an insurer’s duty to defend its insured is much broader than its duty to indemnify. In order to determine whether the insurer’s duty to defend has arisen, the court must compare the allegations of the underlying complaint to the policy language. Those allegations must be liberally construed in favor of the […]
• Is There Insurance Coverage for a Loss Known By the Insured Before Purchasing Insurance?March 8, 2017
  Whether there is insurance coverage for a loss known by the insured prior to purchasing an insurance policy depends on several factual issues. By its very nature, insurance is fundamentally based on contingent risks which may or may not occur. One dictionary defines “insurance” as “a contract whereby one undertakes to indemnify another against loss, […]
• How Insurers Can Avoid Estoppel in Insurance Coverage CasesFebruary 28, 2017
  In Illinois insurance coverage actions, an insurer can be estopped from asserting any policy defenses to coverage if the insurance company fails to take proper action. The general rule of estoppel provides that an insurer taking the position that a complaint potentially alleging coverage under a policy that includes a duty to defend may not […]
• Insurance Defense and Bad Faith Actions: Requirements to Plead the Reasonable Probability StandardJanuary 30, 2017
  Those working in insurance defense litigation are familiar with bad faith claims which can arise when insurers breach the duty to act in good faith when responding to settlement offers. According to the Illinois Supreme Court: “The ‘duty to settle’ arises because the policyholder has relinquished defense of the suit to the insurer. The policyholder […]
• Why An Excess Insurer Cannot Seek Equitable Contribution From A Primary InsurerDecember 5, 2016
  There are many situations where one insurance coverage company will seek contribution from another insurance company for defense costs and indemnity payments. However, this does not give insurers a carte blanche to file lawsuits against each other seeking reimbursement.
• ABA Rule 8.4 Makes Discriminatory and Harassing Behavior Professional MisconductSeptember 16, 2016
  Almost all women attorneys I know have been mistaken for the court reporter or the client. Once, opposing counsel asked if I was the court reporter, even though I had deposed his client several months earlier. Another time, opposing counsel kept me waiting in the lobby for the deposition of my client and kept walking […]
• Denial of Coverage and Reservation of Rights Letters Pose a Trap for Unwary CounselAugust 10, 2016
  Counsel for insurance companies are frequently called upon to offer advice about or to actually draft a letter to an insured either denying coverage or providing a defense while reserving the carrier’s rights regarding coverage. This usually happens when it is not clear if the claim made against the insured is covered under the terms […]
• What Crimes Bar Inheritance?December 10, 2015
  The Appellate Court for the First District has found that conviction of perjury and obstruction of justice in a murder case are not necessarily bars to inheriting form the murder victim. Darota Chaban married William Chaban in Las Vegas on June 9, 2007. When they returned to Chicago on June 13, 2007 and informed Darota’s […]
• Suicide Breaks The Chain of Causation, Barring Wrongful Death ClaimsDecember 2, 2015
  Can suicide be the basis for a wrongful death case? Rarely says the Illinois Supreme Court. It almost always will be a superseding, intervening act ending causation. Plaintiff filed a wrongful death action following her husband’s suicide. In this particular case, the plaintiffs were less than clear about the “injury” that precipitated the decedent’s death. […]
• Health Care Liens Paid Prior to Deduction of Attorney Fees and Costs from Plaintiff’s AwardNovember 30, 2015
  Who gets paid first, the health care provider or the attorneys? The Illinois Supreme Court has held that the health care providers or professionals come first. Recently, in McVey v. M.L.K. Enterprises, LLC, 2015 IL 118143, 32 N.E.3d 1112 the Illinois Supreme Court considered whether, under section 10 of the Health Care Services Lien Act […]
• Service Provider Ordered to Disclose Subscriber’s IdentityNovember 16, 2015
    You may not have the anonymity you think you have on the internet. In Illinois, the Courts are willing to require disclosure of the identity of internet subscribers. Recently, the Illinois Supreme Court affirmed the appellate court’s judgment that a subscriber’s internet service provider had to disclose the subscriber’s identity in a defamation suit […]
• Social Media Sites Do Not Have to Produce Documents During Pretrial Criminal DiscoveryNovember 6, 2015
  What appears to be a victory for protecting social media information from being hauled into court cases from Facebook, Instagram and Twitter, is not as broad as it looks. The Courts have held open the possibility of requiring Facebook, Instagram and Twitter to produce social media postings for cross examination at a criminal trial, but […]