Thomas M. Hamilton, Jr.

Practice Focus
Thomas Hamilton’s insurance expertise is accompanied by more than 35 years of practice in the Chancery Courts of Illinois. This declaratory judgment experience is utilized in all phases of his insurance coverage practice, including resolution of commercial and professional liability claims, excess of limits liability issues, responding to claim management errors and expertise in excess-primary relationships. 

Mr. Hamilton’s extensive experience includes mediation and trial and appellate court representation of insurers in the interpretation and declaration of numerous insurance contract issues, including:
  • Physician claims-made and errors and omissions coverages
  • Lawyer claims-made and errors and omissions coverages
  • CGL coverages and additional insured endorsements
  • Policyholder class actions arising from premium charges and claim practices
  • Resolution of insurer response to defense tenders
  • Insurer exposure in excess of policyholder limits
  • Loss allocation and proration between insurers
  • Excess-primary insurer relationships
  • Arbitration and mediation of construction defect and coverage controversies
Professional Background
Mr. Hamilton is a past co-leader of Hinshaw's national Insurance Services Practice Group and served on the firm’s Executive Committee for 23 years. He joined Hinshaw, Culbertson, Moelmann, Hoban & Fuller (now Hinshaw & Culbertson LLP) in June 1970 upon leaving a teaching position at Indiana University.

Mr. Hamilton has served on the faculty of the Insurance School of Chicago, and served as the Chair of the Board of Directors of the Illinois Institute of Continuing Legal Education.

Mr. Hamilton has also served as chair of the Casualty Insurance Section of the International Association of Defense Counsel and as Director of the Illinois Association of Defense Trial Counsel. He lectures often at the Defense Research Institute on topics of commercial insurance coverage and bad faith in excess of limits.

He has been recognized by his peers as a Leading Lawyer in the category of Insurance / Insurance Coverage / Reinsurance Law. In addition, Mr. Hamilton holds the AV® Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability.

Since 2005, Mr. Hamilton has been named annually to the Super Lawyer list in the area of Insurance Coverage, by Illinois Super Lawyers magazine.

In the Fall of 2005, Mr. Hamilton completed intensive training in mediation from the faculty of Pepperdine University School of Law’s top-ranked Straus Institute for Dispute Resolution, and is a Certified Mediator in the Cook County Court-Annexed Major Case Civil Mediation Program.

Mr. Hamilton is a member of the American Bar Association, Illinois Bar Association and Indiana Bar Association.
Publications and Presentations
Mr. Hamilton is the general editor of the treatise, Commercial and Professional Liability Insurance, published by the Illinois Institute for Continuing Legal Education (IICLE) in 2002, supplement 2005, reprinting in 2008, and supplement 2010. He is co-author of one of its chapters, “Extra-Contractual Damages.” Mr. Hamilton’s other publications include:
  • “Legal E&O Coverage and the Potential Exposure from the Sub-prime Market Meltdown,” paper co-author, Chicago Bar Association, March 2008.
  • "Attorney Liability Insurance," Attorneys Legal Liability, Illinois Institute for Continuing Legal Education (IICLE), 2002, 2005 supplement and 2007.
  • "Excess Primary Insurer Obligations and the Rights of the Insured," Defense Counsel Journal, Vol 69. No. 3, July 2002.
  • “Problems Arising From Additional Insureds’ Endorsements,” Defense Counsel Journal, Volume 63, No. 3, July 1995.

Mr. Hamilton has lectured on numerous topics related to insurance. His presentations include:
  • "Storm Spotter: Early Identification and Resolution of the Complex Claim,” Hinshaw’s 2011 Insurance Services Symposium, Chicago, Illinois, October 2011.
  • “Exposures Arising From Adjustment and Resolution of Medical Malpractice Claims,” Milliman Medical Professional Conference, Las Vegas, Nevada, June 2011.
  • “From the Outside Looking In: Effective Management of Underlying Litigation Where Coverage is Disputed,” Hinshaw’s Annual Insurance Services Symposium, Chicago, Illinois, October 2010.
  • “The Role of Defense Counsel and The Good Faith Claim File,” OMSNIC and Fortress Insurance Group Defense Counsel Seminar, Chicago, Illinois, July 2010.
  • “The ‘No Prejudice’ Standard Fades into the Sunset: Prodigy Communications Corp. v. Agricultural Excess & Surplus Insurance Company and New York Marine & General Ins. Co. v. Lafarge North America,” Hinshaw’s 2009 Insurance Services Symposium, Chicago, Illinois, October 2009.
  • “Legal E&O Coverage and the Potential Exposure from the Subprime Market Meltdown,” Chicago Bar Association, Insurance Law Committee meeting, Chicago, Illinois, March 2008.
  • “Underwriting the Risk of Catastrophic Loss,” Hinshaw’s 2007 Insurance Services Symposium, Chicago, Illinois, May 2007.
  • “Insurance Law – the Recent, Significant Decisions,” Hinshaw’s annual Legal Malpractice & Risk Management conference, Chicago, Illinois, March 2007.
  • “The Very Latest in Construction Claims,” Defense Research Institute’s “Insurance Coverage and Claims Institute,” Chicago, Illinois, May 2006.
  • “Coverage Counsel’s Report – Claim Handling Liability,” Hinshaw Breakfast Briefing, Schaumburg, Illinois, March 2006.
  • “Welcoming Remarks,” Hinshaw’s “2006 Insurance Services Symposium: Creative Management of Claims and Coverage Disputes in a High-Risk Environment,” in Chicago, Illinois, February 2006.
  • "Expected or Intended Conduct: Is it an Occurrence?," Defense Research Institute, Chicago, Illinois, April 2004.
  • "Refusal to Defend – Refusal to Settle – Issues and Consequences," Defense Research Institute, Chicago, Illinois, March 2001.
  • “The Duty to Defend and Reservation of Rights Letters,” Property Loss Research Bureau, The 1999 Claims Conference, New Orleans, Louisiana, March 1999.
  • “Conflict of Interest: Definitions and Illinois Law,” Illinois Association of Defense Trial Counsel, January 1997.
  • “Declaratory Judgment Actions,” Illinois State Medical Inter-Insurance Exchange, January 1995.
  • “The CGL Policy - An Analysis and Comparison of New Claims Made and Old Occurrence Policies,” American Bar Association National Institute, Las Vegas, Nevada, March 1987.
Personal
Tom Hamilton serves as Chancellor for his local Episcopal Parish, the Church of the Holy Comforter, and is active in several parish activities, including vocational counseling and placement. He lives in Wilmette, Illinois, with his wife, Judy, who retired from Aetna Property & Casualty Company as an SIU Regional Director. Son, Ted, works in Gurnee as a Special Education Teacher where he and his wife Melissa raise three grandchildren.