Scott Seaman is a commercial litigator and trial lawyer with more than 35 years of experience. Scott is widely regarded as one of the leading attorneys in the United States representing insurers and reinsurers in property and casualty matters. He is known for employing his deep knowledge of the law and insurance industry, strategic thinking, and honed trial and appellate advocacy to produce creative solutions and outstanding results for clients. Clients regularly turn to Scott and his team for counsel and representation in challenging and high-stakes insurance and business matters.
Overview of Practice
Scott has a long track record of successfully representing companies before trial courts, appellate courts, and arbitration panels across the country in a variety of cases and matters involving general liability coverage (primary, umbrella, and excess), professional liability coverage, directors and officers liability insurance, first-party property coverage, bad faith and extra-contractual matters, fee disputes, and facultative and treaty reinsurance contracts. He has served as national coverage counsel as well as trial and appellate counsel.
He also advises and represents companies on cyber, privacy, data breach, IoT, nanotechnology, gig economy, viruses and pandemics, representations and warranties, transactional insurance, social unrest, ESG, climate change, and other emerging issues, as well as a wide-range of case-specific and portfolio issues.
Scott also has handled a variety of challenging international, professional liability, health/life science, director and officer liability, tort and product liability, and business and commercial cases.
Scott has served as an arbitrator and has been retained as an expert witness on insurance issues. He has drafted contract language, trained insurance and reinsurance professionals, and assisted companies in evaluating and resolving issues in the claims stage.
Practice Group & Industry Leadership
Scott is co-chair of the firm's global Insurance Services Practice Group and served on the firm's Executive Committee. Under his leadership, the Insurance Services Practice Group is ranked in Chambers USA: America's Leading Lawyers for Business, Insurance, and earned a National Tier 1 rating in the Best Law Firms list published by U.S. News – Best Lawyers, as well as Tier 1 regional ratings in Chicago, Los Angeles, and Miami.
Scott has had the privilege of working with some of the most dedicated and talented senior management, legal counsel, and insurance and reinsurance claims and litigation professionals in the world and of serving as counsel in precedent-setting cases involving some of the most challenging contemporary coverage and reinsurance issues confronting the insurance industry.
He is one of the attorneys spearheading the strategic alliance between Hinshaw and RPC in London, Singapore, and Hong Kong to transform the delivery of legal services in the global insurance market. Scott is also lead for Global Access Lawyers, an alliance of leading, worldwide law firms with gravitas representing members of the insurance and financial services industries.
Scott was named to the inaugural list of Midwest Trailblazers by The American Lawyer magazine. The list recognizes 50 professionals from 12 Midwestern states "who have moved the needle in the legal industry" and "are truly agents of change." He was selected for his "high-profile, complex insurance coverage cases nationwide, which resulted in precedent setting rulings that have altered insurance law."
Scott is one of only three attorneys representing insurers to receive a Band 1 Ranking for Insurance: Dispute Resolution – Illinois from Chambers USA.
According to Chambers USA: America's Leading Lawyers for Business:
"Scott Seaman receives praise for his representation of insurance carriers in environmental, asbestos, business interruption, and product liability disputes. 'Scott brings a unique level of energy, insight, creative problem solving, and a genuine focus on the client experience.'" (2022)
"Scott Seaman receives praise for his representation of insurance carriers in environmental, asbestos, business interruption, and product liability disputes. 'He is very knowledgeable and greatly sought after by insurers.'" (2021)
"Scott Seaman is described by market sources as a 'real intellectual,' Seaman receives praise for his representation of insurance carriers in environmental, asbestos, and product liability disputes. Clients appreciate his 'ability to get to the heart of the issues and come up with creative ways to resolve a case.'" (2020)
"Scott Seaman co-chairs the firm's insurance department and is lauded for his experience in a variety of coverage disputes. His areas of expertise include toxic tort and environmental matters. Market sources report: 'He is very proactive, extremely intelligent and results-oriented.'" (2019)
"Scott Seaman is widely acknowledged for his knowledge across the insurance market, regularly handling complex coverage disputes. One client lauds, 'Scott's expertise is unsurpassed. His ability to present complex issues in a concise and easy-to-understand manner is astounding.'" (2018)
"Scott Seaman highly regarded in the market for his in-depth insurance expertise and is described as both 'extremely gifted' and 'a great attorney.' He is frequently called on to assist with allocation, professional liability and construction defect issues as well as other insurance disputes." (2017)
"Scott Seaman has the 'uncanny ability to make the complex understandable,' according to commentators, who point to his superb knowledge in the insurance space. He is highly respected for his robust insurance and reinsurance litigation practice, with sources particularly highlighting that 'he's the expert when it comes to excess and umbrella policies.'" (2016)
"'Superior trial lawyer' Scott Seaman is experienced in all forms of insurance dispute. According to clients, 'he is a straight shooter who is experienced and knows the issues. We like the results that he gets us.'" (2015)
"Scott Seaman is well respected for his longtime experience as a litigator, and he has notable expertise in complex insurance and reinsurance coverage cases. He is also an expert in bad faith insurance matters. Sources describe him as a 'terrific lawyer' and as someone who has the respect of the market." (2014)
"Scott Seaman is respected for his expertise in bad faith and reinsurance matters as well as complex insurance coverage cases. He has recently been involved in a series of significant litigation matters and reinsurance arbitrations." (2013)
"Department head Scott Seaman has a fine reputation among clients and peers alike as 'a leading expert in complex insurance coverage issues.' He splits his practice between coverage litigation and reinsurance arbitration work, and earns particular praise from clients for his expertise in asbestos and environmental coverage issues." (2012)
"Scott Seaman is an eminent coverage lawyer with extensive experience in insurance and reinsurance, and besides practicing he writes prolifically on both topics." (2011)
"Scott Seaman is praised for his specialized experience in complex insurance and reinsurance matters." (2010)
Additionally, in Best Lawyers, clients and colleagues have said:
“Scott is an increasingly important member of our panel counsel team for complex coverage matters.”
“Scott Seaman provides thorough, reliable, and timely legal work which is also cost-effective.”
“I consider Scott Seaman . . . to be the country’s leading expert in the allocation of losses in complex insurance coverage matters. He possesses comprehensive knowledge of insurance law with a consummate grasp of asbestos and environmental issues. Further, his ability to boil down complicated matters and communicate them in understandable terms (both verbally and in writing) is unsurpassed, and has been enormously helpful to me over the many cases on which we have worked together. While Scott’s technical legal abilities are outstanding, his overall business acumen is even more impressive, and his industry knowledge is second to none. He has a unique ability to survey a situation, sum it up succinctly and accurately, and address it in a calm, authoritative manner. He inspires confidence. Lastly, Scott’s professional conduct and personal integrity are unquestionable. His commitment to the high standards and values held by my company, as well as his diligence and around the clock availability, has made him an indispensable asset to me.”
“Mr. Seaman has a high level of experience in complex insurance and reinsurance matters. He always responds in a timely matter. He is well respected in the legal and local community. He is an excellent legal strategist and exceptional trial lawyer. He is the leading author of the Allocation of Losses in Complex Insurance Coverage Claims, which is a superb reference guide for all claim handlers. He provides practical advice that takes into account the need of a particular matter, as well as the company’s portfolio interest.”
“Mr. Seaman works harder, writes better, strategizes more thoroughly, and knows more than any other lawyer that I have seen. He is highly effective in the court room (an educator and advocate), in the board room, and at the negotiation table (often disarming the opposition and coming up with creative solutions).”
“Mr. Seaman is a first-rate commercial litigator, trial lawyer, counselor, and strategist. His legal analysis and writings are superior to other lawyers. He is a creative, hard-working, practical, cost-effective, and accessible advocate.”
“When it comes to insurance coverage, Scott is one of the most knowledgeable attorneys in the country. He is continually ahead of the curve and ready to tackle any complex legal situation. His willingness to provide guidance and educate in a meaningful way is greatly appreciated. His commitment to his clients and community are second to none.”
“Scott’s extensive experience in the A&E and latent claims coverage arena, coupled with his insightful ability to develop and implement strategic resolutions of high-profile insurance claims, uniquely positions him to complement any claim organization. His treatise 'Allocation of Losses in Complex Insurance Coverage Claims' is a must-have reference book for every corporate legal and risk-management claim department.”
Professional Background
Prior to joining Hinshaw, Scott was a partner in a litigation firm headquartered in Chicago, where he served as chairman of that firm's national insurance coverage litigation and counseling practice. He began his legal career at the international firm of Skadden, Arps, Slate, Meagher, and Flom and was a member of its products liability and insurance coverage practice group.
Scott is a prolific author, writing on a variety of substantive legal issues as well as on litigation practice matters. His treatise, Allocation of Losses in Complex Insurance Claims (11th Ed Thomson Reuters 2023), addresses many of the important issues driving contemporary insurance claims and coverage litigation and reinsurance cessions and arbitrations. He previously served on the Law360 Insurance Editorial Advisory Board and as a LexisNexis legal commentator.
Scott graduated magna cum laude and first in his law school class from Loyola University of Chicago School of Law. He served as an editor of the Loyola University School of Chicago Law Journal. Scott was a recipient of the Illinois Lawyers Auxiliary Scholarship, the Loyola Leadership and Service Award, the Chief Justice Roger B. Taney Award, the Judge John C. Hayes Award, the Thomas L. Owens Award, and the Judge John V. McCormack Award. He received his bachelor's with honors from Barat College.
Professional Affiliations
- ARIAS US, Member
- Claims and Litigation Management Alliance, Co-Chair, Reinsurance Runoff Advisory Board
- American Bar Association, Member
- Tort Trial & Insurance Practice Section, Member and past Vice-Chair
- Litigation Section, Member
- Litigation Section Business Interruption Insurance Subcommittee, past Co-Chair
- DRI, Member
- Alternative Dispute Resolution Committee, Member
- Insurance Committee, Member
- Commercial Litigation Committee, Member
- International Law Committee, Member
- Climate Change Litigation Task Force, Member
- Business Torts SLG, Member
- Professional Liability Underwriting Society
- Trial Law Institute, Member
- Diversity Law Institute, Member
- Order of Veritas, Barrister
- Order of Certus, Advocate
- Leading Lawyers, Former Advisory Board Member
Honors & Awards
- Top Author (#1) in Insurance, JD Supra Readers' Choice Awards, 2023
- Recognized by Chambers USA: America's Leading Lawyers for Business in Illinois for Insurance Dispute Resolution since 2010, Ranked in Band 1 since 2020
- Selected by his peers for inclusion in The Best Lawyers in America© for Insurance Law, 2010 – 2023; Litigation – Insurance, 2023
- Recognized on the Super Lawyers list by Illinois Super Lawyers magazine, 2005 – 2023
- American Bar Foundation, Fellow, 2021 – Present
-
Litigation Counsel of America, Fellow, 2019 – Present
- Who's Who Legal Thought Leaders – Insurance & Reinsurance, 2019 – Present
- Euromoney Legal Media Group, Expert Guides: "World's Leading Insurance and Reinsurance Lawyers" 2018 – Present
- The International Who's Who of Insurance and Reinsurance Lawyers, 2014 – Present
- American College of Coverage Counsel, Fellow, 2013 – Present
- Recognized by his peers as a "Leading Lawyer" in the areas of Commercial Litigation and Insurance, Insurance Coverage & Reinsurance Law, 2009 – Present
- AV® Preeminent 5.0/5.0 Peer Review Rating, Martindale-Hubbell, its highest rating for ethics and legal ability, 1999 – Present
- 2022 International Advisory Award Insurance – Illinois
- Top Author (#1) in Insurance, JD Supra Readers' Choice Awards, 2022
- Top Author in Insurance, JD Supra Readers' Choice Awards, 2021
- Midwest Trailblazer, The American Lawyer, 2021
- Insurance & Reinsurance – Lawyer of the Year – USA, Finance Monthly, 2018
- Excellence in Commercial Litigation - Illinois, Corporate Insider, 2017
- Top Lawyers in the World, Legal Comprehensive, 2016 – 2017
- Insurance Attorney of the Year in Illinois, Corporate Int'l Magazine, 2014 – 2017
- Insurance Attorney of the Year in Illinois, Global Law Expert Practice Awards, 2014 – 2016
- Premier 500, Lawyers World, 2015
- Illinois Lawyer of the Year – Litigation, Corporate LiveWire, 2013 and 2014
- Insurance & Reinsurance Litigator of 2013 – North America, InterContinental Finance Magazine Continent Awards
- Insurance Law – Lawyer of the Year (Illinois), Corporate INTL Legal Awards, 2013
- Leading Lawyers Award (Insurance and Reinsurance North America), Lawyers World, 2012 and 2013
- America's Most Honored Professionals
- ICFM Leading Lawyers 500
Representative Matters
Scott has been involved in many high profile insurance coverage cases and also has been counsel in significant confidential reinsurance arbitrations. A selection of his representative matters includes:
- An asbestos reinsurance case resulting in a landmark allocation ruling by the New Jersey Supreme Court.
- An asbestos and environmental coverage action resulting in a key number of occurrences ruling by New York's highest court.
- A Delaware Supreme Court decision enforcing tobacco exclusions.
- Multiple non-products coverage and asbestos bankruptcy matters.
- A Florida appellate court decision affirming a ruling that defective construction is not an "occurrence"
- A reversal of an $11 million bad faith/punitive damages verdict in California.
- An Illinois environmental coverage action resulting in a favorable late notice ruling and a Supreme Court decision finding that insurers' due process rights were violated.
- A coverage action in the Northern District of Illinois and Seventh Circuit resulting in favorable rulings on expert and pollution exclusion issues.
- Rights and obligations in connection with a multi-billion dollar reinsurance pooling arrangement.
Presentations
Scott is regularly consulted by and has been quoted in numerous leading publications, including The Wall Street Journal, Business Insurance, Crain's Chicago Business, Law360, American Lawyer, Bloomberg Law, Yale Environment 360, and Carrier Management. Publications and reporters have turned to him on a wide range of business and industry, legal and litigation, and trial and practice management issues, such as: trigger, allocation, exhaustion, coordination of coverage, choice of law, defense, indemnity, investigation, claims handling, underwriting, supply chain, force majeure, breach of contract, bad faith and extracontractual liability, cyber security, privacy, and cyber coverage, discovery, responding to reptilian tactics, torts, product liability and product liability coverage, claims made issues, liability insurance, first-party property, reinsurance, environmental and forever chemical claims, construction and construction defect, riot and civil commotion, trade, the Russian Ukrainian war, attorney-client communication, joint defense privilege, compensatory damages, punitive damages, disgorgement, equitable relief, stipulated judgments, security claims, energy and energy coverage, fraud, viruses and communicable disease, sexual abuse cases, ESG/sustainability, climate change, fortuity, adjuster liability, greenwashing and misrepresentation, social inflation, and regulation.
He hosts Insurance Law Radio airing on the Blog Talk Radio Network and Hinshaw's Insurance Law Television.
He has chaired and co-chaired conferences for, and has presented to and on behalf of, many organizations, including: the American Bar Association, the DRI, the Illinois Institute for Continuing Legal Education, ARIAS US, Claims and Litigation Management Alliance, the Illinois State Bar Association, the Chicago Bar Association, PLRB/LIRB, Lorman Education Services, the Bermuda Bar Association, Strafford, Perrin, the Claims Litigation Management Alliance, the American Conference Institute, and West Legalworks.
A selection of his recent presentations includes:
- "Confronting the Triple Threat of Social Inflation, Economic Inflation, and Greenflation," Hinshaw & Culbertson LLP, Webinar, April 27, 2023
- Co-Presenter, "Allocation of Liability and Exhaustion of Policy Limits: Policyholder and Carrier Perspectives," Strafford, February 7, 2023
- "Confronting the Combined Forces of Social Inflation, Price Level Inflation, and Greenflation," January 2023
- Co-Presenter, "Environmental Insurance Coverage Under CGL, Property, and D&O Policies for PFASs, ESG, NRS, CERCLA, RCRA, OPA and Others," Strafford, September 13, 2022
- Panelist, "Insurer’s Right and Duty to Defend: Pre-Tender Costs; Target Tender Issues; Non-Covered Claims, Parties, Periods," Strafford, February 8, 2022
- Panelist, "Cybersecurity Updates and Insights 2021," American Property Casualty Insurance Association's (APCIA) Western Region General Counsel Conference, Virtual Event, July 28, 2021
- Panelist, "Ripped From the Headlines – Insurance and Reinsurance Issues in Current Events," ARIAS 2021 Spring Conference, Virtual Event, May 7, 2021
- "A Comparison of UK and US Insurance Trends," Virtual Event, February 2021
- "A Look at U.S. Insurance Trends, Insurance Covered," Season 1, Ep. 8, July 9, 2020
- "Tales from Covid: Insurance in the Time of Coronavirus – Bad Faith Claims," Hinshaw/RPC Web Cast, June 2020
- "Tales from Covid: Insurance in the Time of Coronavirus – Bankruptcy and Insolvency of Insureds," Hinshaw/RPC Web Cast, June 2020
- "A Look at What's Driving Claims and Exposures in the U.S.," Hinshaw & RPC Joint Seminar, February 26, 2020
- "Advocating Allocation of Liability and Exhaustion of Policy Limits: Policyholder and Carrier Perspectives," Strafford, February 5, 2020
- "First-Party Property Settlement of Claims," 2020
- "Is the 'Common Interest' Exception Shrinking?," ACC Dialogue, 2020
- "Allocation of Liability Coverage Between Covered and Non-Covered Claims," DRI, 2019
- "Traditional & Emerging Environmental Coverage Disputes, Developments & Key Issues," Strafford, 2019
- "Roundtable on Issues Confronting Insurer and Reinsurance Lawyers and Their Clients in the Industry Today," Who's Who Legal, 2018
- "Environmental Insurance Coverage Law: Defenses, Developments & Key Issues," Strafford, 2017
- "Resolving Defense Cost Issues: The Right and Duty to Defend, Targeted Tender, Pre-Tender Costs, Reimbursement & Other Defense Cost Issues," Strafford, 2017
- "Staying Above Water in the Aftermath of the Viking Pump case," webinar, ARIAS US, 2016
- "Arbitrations and Drafting Effective Dispute Resolution Clauses," Intermediaries and Reinsurance Underwriters Association (IRUA) meeting, New York, New York, October 2016
- "Fundamental & Emerging Issues In Umbrella & Excess Insurance," Strafford, 2016
- "The Latest Developments In Insurance Bad Faith Litigation," DRI, 2016
- "The Impact of Industry Consolidation on the Arbitration Process," ARIAS US, 2015
- "Current Reinsurance Trends, Issues, and Insights," Reuters/DRI, 2015
- Co-Chair "Second National Forum on Insurance Allocation," American Law Institute, 2015
- "Excess Insurance: Questions Raised by Qualcomm and Issues Relating to the Duty to Defend," American Law Institute, 2015
- "The Fundamentals of Reinsurance," Claims and Litigation Management Alliance, 2015
- "Duty to Defend: Analyzing Complex Issues," PLRB/LIRB, 2014
- "Insurer's Duty to Defend: Resolving Defense Cost Issues Strategies for Cost Reimbursement and Allocation," Strafford, 2010 – 2014
- "Environmental Insurance Coverage: Latest Developments Climate Change, Natural Resource Damage Claims, Mold, and Fracking," Strafford, 2014 and 2015
- "Excess Insurer's Duty to Defend and Indemnify: Navigating Critical Challenges: Absence of Underlying Exhaustion, Settlement With Primary, Claims Not Covered By Primary, and Reimbursement of Defense Costs," Strafford, 2012 – 2015
- "Don't Get Thrown Under The Buss: Insurers' Duties and Rights in Mixed Claims," DRI, 2013
- "Insurance Practice Business Development," Chicago Bar Association, 2013
- "Follow the Fortunes & Utmost Good Faith: The 'Yin' and 'Yang' of the Reinsurance Relationship in the Context of Captive Insurance," ARIAS, 2013
- "Sharing the Fun Associated With Defective Construction Losses: Indemnity, Subrogation & Contribution," DRI, 2012
- "Excess Insurer's Duty to Defend and Indemnify: Strategies to Limit the Scope of the Excess Insurer's Obligations," Strafford, 2010 – 2013
- "Environmental Insurance Coverage: Latest Developments Identifying Coverage In Existing Policies, Navigating Pollution and Owned Property Exclusions, and Determining Scope of Damages," Strafford, 2011
- "Impact of Unavailability of Insurance on Allocation, Insurance Bad Faith and Extra Contractual Exposure, and Hot Topics," Bermuda Bar Association, 2011
- "Effective Claims Handling and Efficient Management of Coverage Litigation," Chicago Bar Association, 2011
- "Where the Economics Hit the Road: Valuing Practical Settlement Options," Perrin, 2011
- "Charting a Course Through the Grey Areas of Insurance Allocation," Perrin, 2011
- "Global Warming and Insurance Claims and Coverage Issues," ISBA, 2011
- "How Insurers Can Avoid Conflict or Begin Coverage Litigation With Proper Coverage Armaments," Chicago Bar Association, 2011
- "Bad Faith Damages and Steps to Minimize Such Damages," DRI, 2010
- "Nationwide Bad Faith Issues," Chicago Bar Association, 2010
- "Insurance and Reinsurance Allocation — A Comprehensive Workshop," West Legalworks, 2007 – 2010
- "Contemporary Reinsurance Arbitrations — Issues and Insights," West Legalworks
- "Emerging Insurance Coverage Issues — Global Warming Claims and Coverage Issues," Chicago Bar Association
- "Global Warming Litigation and Insurance Coverage Issues," West Legalworks
- "Allocation Issues Presented By Reinsurance Cessions: Perspectives of Ceding Companies, Reinsurers, and Umpires," West Legalworks
- "A Basic Overview of Issues Potentially Impacting Insurance Coverage Resulting From a Policyholder's Chapter 11 Bankruptcy," West Legalworks
Publications
Scott writes extensively on substantive legal issues, and insurance and reinsurance topics, as well as litigation practice matters. His writings have been recognized by courts, parties and commentators, and they have been cited by the highest courts in Arizona, Illinois, Kentucky, Massachusetts, New Hampshire, New Jersey, South Carolina, West Virginia, Wisconsin, and by other state and federal appellate and trial courts across the country. A selection of his publications includes:
Books and Chapters (Authored or Co-Authored)
- "Allocation of Losses In Complex Insurance Claims" (11th Ed. West Thomson Reuters 2023); (10th Ed. West Thomson Reuters 2021 – 2022) (supplemented annually)
- Chapters 1, 2, 3, 5, and 7, Wrongful-Death and Survival Actions, Illinois Institute for Continuing Legal Education, 2023 Edition and General Editions
- "50 State Survey: Requirements to Communicate with Insureds for Property and Casualty Claims: Volume VI" (Hinshaw 2021)
- "50 State Survey: Workers' Compensation Law Exclusivity, Exceptions, Third Party Action Over Claims & COVID-19" (Hinshaw 2020)
- "Wrongful Death and Survival Actions" (6th Ed. IICLE 2019) (prior editions 2014, 2011, 2007, 2003, and 1993) (General Editor and Contributing Author Chapters 1, 2, 5, and 7)
- "An Insurance Coverage & Reinsurance Primer On Coronavirus (COVID-19) Claims" (Hinshaw 2020)
- "Duty to Defend: A Fifty State Survey" (Hinshaw 2017)
- "A Primer on Reinsurance Law & Principles" (Hinshaw 2016)
- "Chapter 6 Pertinent Reinsurance Contract Provisions," Reinsurance Professional's Deskbook - A Practical Guide (2019 – 2020 Ed. Thomson Reuters) (Prior editions 2017 – 2018 and 2015 – 2016)
- "Chapter 17 Excess Insurance Coverage," Environmental Liability & Insurance Recovery (ABA 2012)
- "Reinsurance Law & Practice: A Primer on Basic Principles & Contemporary Issues in Illinois" (BRMA 1999)
- "Reinsurance Law & Practice: An Overview of Principles and Contemporary Issues" (Glasser 1999)
- "Reasonable Defense Costs, Legal Fees, and the Legal Audit" (Glasser 1999)
- "Environmental Coverage: Law and Litigation," Liability Insurance (IICLE 1996, 1998 Supp.)
- "Employing Discovery, Investigation, and Surprise to Capture Plaintiff's Expert," Defense Practice Notebook (DRI 1996)
Articles and Papers (Authored or Co-Authored)
- "The Social Inflation Survival Guide: Identifying and Surviving the Dangerous Triple Barrel Threat of Social Inflation, Economic Inflation, and Greenflation in a Judicial Environment Swarming With Reptiles and Bombarded With Nuclear Verdicts," JD Supra (January 17, 2023)
- Key Insurance Cases and Developments – 2022 In Review, RPC's Annual Insurance Review 2023 (January 12, 2023)
- Expert Analysis - Opinion: Taming Plaintiffs' Thriving 'Reptile' Tactics: How To Start, Law360 (July 26, 2022)
- Expert Analysis: Seaman and Webster Examine One of the Leading Drivers of Social Inflation—the "Reptile Theory" Adopted by Plaintiffs' Counsel (July 20, 2022)
- "The United States: Insurers Are Prevailing In Coverage Cases, But COVID-19 Still Is Contributing To Social Inflation," Mealey's Emerging Insurance Disputes, Vol. 27, No. 12 (June 16, 2022)
- "Key U.S. Insurance Decisions, Trends, & Developments: ESG, Social Inflation, COVID-19, Cyber/Privacy, Civil Unrest, Opioids, Lead, Sexual Assault, & Other Perils Figure Prominently," Mealey's Emerging Insurance Disputes, Vol. 27, No. 1 (January 10, 2022)
- "A Review of Emerging Trends In Mergers & Acquisitions and Representations & Warranties Insurance," Mealey's Litigation Report: Emerging Insurance Disputes, Vol. 26, No. 7 (April 2021)
- "Insurance & Reinsurance – USA Trends and Developments," Chambers and Partners Global Practice Guides (February 2021)
- "2020 Cyber And Privacy Coverage – A Year In Review," Mealey's Litigation Report: Emerging Insurance Disputes, Vol. 26, No. 1 (January 2021)
- "Commercial Property Policies Are Hardly A Panacea For COVID-19 Business Interruption Losses," Mealey's Litigation Report: Catastrophic Loss, Vol. 15, No. 12 (September 2020)
- "COVID-19 Related Business Interruption Coverage Claims in the Age of Zoom," Mealey's Litigation Report: Insurance, Vol. 34, No. 40 (August 2020)
- "Property Coverage For Riot-Related Claims Is Not Automatic," Law360, New York (June 18, 2020)
- "An Overview Of COVID-19 Related Legislative, Regulatory, & Litigation Activity & The Potential Impact On Insurer Solvency," Mealey's Litigation Report: Insurance Insolvency, Vol. 31, No. 12 (April 2020)
- "Tracking The Flurry Of COVID-19 Related Legislative & Regulatory Activity Impacting Insurers," Mealey's Litigation Report: Catastrophic Loss, Vol. 15, No. 7 (April 2020)
- "Reinsurers Must Prepare for Coronavirus-Related Claims," Law360, New York, (April 9, 2020)
- "Tracking The Flurry Of COVID-19 Related Legislative & Regulatory Activity Impacting Insurers," Mealey's Litigation Report: Insurance, Vol. 34, No. 21 (April 1, 2020)
- "The Legal Trends Behind 'Social Inflation' in Insurance," Law360, New York, (February 21, 2020)
- "New York Court of Appeals Slams Door on 'Unavailability of Insurance' Exception," Law360, New York (March 30, 2018)
- "Opioid Insurance Litigation Is Mounting With Mixed Results," Law360, New York (November 21, 2017)
- "ALI Draft Restatement Misstates Key Insurance Law Issues," Law360, New York (September 18, 2017)
- "Key Insurance Coverage Trends and Decisions in the United States" Who's Who Legal: Insurance & Reinsurance (May 2017)
- "Door Closing on "Unavailability of Insurance" Exception: Part 2," Law360, New York (January 10, 2017)
- "Door Closing on "Unavailability of Insurance" Exception: Part 1," Law360, New York (January 9, 2017)
- "The Bellefonte Cap Returns," Best's Review (August 2016)
- "The Latest Developments in Insurance Bad Faith Litigation," DRI 2016
- "The Tiring Terrain Insurance Contract Exhaustion," Law360, New York (June 12, 2015)
- "Indiana Supreme Court Shows Limits of 'All Sums' Allocation," Law360, New York (May 28, 2015)
- "Why Pro Rata Allocation Is the Majority Rule," Law360, New York (October 16, 2014)
- "NJ Courts Continue to Grapple With Allocation Issues," Law360, New York (October 7, 2014)
- "A Journey Through the Fundamental Requirement of Exhaustion," CPCU Reinsurance Encounters, Vol. 32, No. 1 (January 2014)
- "Don't Get Thrown Under The Buss: Insurers' Duties and Rights in Mixed Claims" (DRI 2013)
- "Contribution, Indemnity, Subrogation, and Allocation in Construction Defect Cases" (PLRB 2013)
- "Sharing the Fun Associated With Defective Construction Losses: Indemnity, Subrogation, and Contribution" (DRI 2012)
- "Number of Occurrences, Policy Periods, Exhaustion and Other Considerations Affecting Allocation of Losses," CPCU Reinsurance Encounters, Vol. 30, No. 1 (April 2012)
- "Insurers Saddled With Disproportionate Share of Loss Seek Reallocation Through Contribution Claims and 'Other Insurance' Clauses," CPCU Reinsurance Encounters, Vol. 29, No. 3 (December 2011)
- "A Primer on Allocation Methodologies — The 'All Sums' and Various 'Pro Rata' Approaches," CPCU Reinsurance Encounters, Vol. 29, No. 1 (March 2011)
- "Triggering Occurrence-Based Contracts and Understanding Claims-Made Contract Requirements," CPCU Reinsurance Encounters, Vol. 28, No. 3 (December 2010)
- "Professional Liability and Global Warming Claims" Liability For Climate Change? Experts' Views on a Potential Emerging Risk (Munich Re 2010)
- "Emerging Issues: Global Warming Claims and Coverage Issues," Defense Counsel Journal, Vol. 76 (January 2009)
- "Global Warming Claims and Insurance Coverage Issues," Declarations (Winter 2008)
- "The Illinois Supreme Court's Decision In Kajima Limits Illinois' 'Targeted Tender' Rule and Establishes Illinois as a Pro Rata Allocation Jurisdiction," Mealey's Litigation Report: Insurance, Vol. 22, No. 11 (January 17, 2008)
- "Allocation Issues Presented By Reinsurance Cessions: Perspectives of Ceding Companies, Reinsurers, and Umpires," The Insurance and Reinsurance Allocation Party's National Convention (West Legalworks 2007)
- "A Basic Overview of Issues Potentially Impacting Insurance Coverage Resulting From a Policyholder's Chapter 11 Bankruptcy," The Insurance and Reinsurance Allocation Superbowl (West Legalworks 2007)
- "Insurance Settlements and Buy-Outs: You Can't Always Get What You Want, But If You Try, You Can Get What You Need," (ABA Insurance Coverage Committee March 2007)
- "Recent Developments In Excess, Surplus Lines, and Reinsurance Law," Tort & Insurance Law Journal, Vol. 39, No. 2 (Winter 2004)
- "Bankruptcy & Insurance Coverage Issues in the Context of Asbestos-Related Claims" (2003)
- "An Overview of Allocation Methodologies for Defense and Indemnity Costs and Insurers' Rights of Recoupment" (DRI 2001)
- "Defense Cost Allocations, Recoupment and Reasonable Attorney Fees" (West 2000)
- "The Year 2000 Problem: The Good, The Bad & The Ugly," Mealey's Litigation Report: Insurance, Vol. 13, No. 33 (July 7, 1999)
- "An Overview of the Firearms Industry Litigation" (March 1999)
- "A Comprehensive Analysis of Allocation/Apportionment of Losses Involving Complex Insurance Coverage Claims," Focus On Excess Insurance (Lorman Education Services February 1999)
- "The Good the Bad and the Ugly About Joint Defense," The Brief ABA Tort & Insurance Practice Section, Vol. 28, No. 1 (Fall 1998)
- "All Counsel for Insurers that Participated in a Joint Defense are Disqualified," For The Defense Vol. 39, No. 8 (August 1997)
- "Mounting the Joint Defense in Complex Insurance Coverage Litigation," For The Defense Vol. 39, No. 7 (July 1997)
- "The Anatomy of a Joint Defense in Complex Insurance Coverage Litigation," For The Defense Vol. 39, No. 6 (June 1997)
- "Excess Liability Insurance: Law and Litigation," Tort & Insurance Law Journal, Vol. 32, No. 3 (ABA, Spring 1997)
- "Substantive Coverage Issues In 'Long Tail' Claims: Trigger, Pollution Exclusion, and Duty to Defend," Environmental Coverage Litigation — From Soup to Nuts (ISBA May 1997)
- "Excess Liability Insurance Issues in an Era of Increased Exposure and Visibility," Sixth Annual Institute Contemporary Reinsurance and Excess Insurance Issues (Glasser 1996)
- "Can Daubert Bar 'Witchcraft' From The Courtroom? Or Does the Case Only Heighten the Level of Judicial Scrutiny," Corporate Legal Times (May 1995)
- "Think Proactively About Product Liability Management," Corporate Legal Times (September 1994)
- "Using Surprise to Capture the Expert Witness," For The Defense, (April 1993)
- "Achieving Case Objectives Through Deposition Strategy" (ABA TIPS, August 1990)
- "When The Other Side Sends You a Subpoena," The Brief ABA Tort & Insurance Practice Section, Vol. 19, No.3, (Spring 1990)
News
- May 25, 2023
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Hinshaw Publications
- May 1, 2023Insights for Insurers
- March 28, 2023Insights for Insurers
- February 27, 2023Insights for Insurers
- December 28, 2022Insights for Insurers
- August 19, 2022Insights for Insurers
- July 28, 2022Insights for Insurers
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- February 17, 2022Insights for Insurers
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- February 3, 2022Insights for Insurers
Community/Civic Activities
- National Board of Selectors Jefferson Awards for Public Service (Nobel Prize for public and community service), Member
- Jefferson Awards Chicago, Co-Chair
- Delegation presenting reports to the White House and the U.S. Senate on the state of volunteering in America, Member
- Chicago Chapter of the Lymphoma Research Foundation, Co-Founder
- Lymphoma Research Foundation, Inaugural Tribute Award Recipient
- American Forum on Lymphoma in Los Angeles, Keynote speaker, North American Forum, 2006
- Serves on multiple other charitable boards and committees
Practices
Industries
Education
J.D., magna cum laude, Loyola University Chicago School of Law
- Editor, Loyola University Chicago School of Law Journal
B.A., with honors, Barat College
Admissions
- Illinois
- U.S. Supreme Court
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court for the Northern District of Florida
- U.S. District Court for the Central and Northern Districts of Illinois
- U.S. District Court for the Southern District of Indiana