Insurance Coverage Litigation and Analysis
Insurance Coverage Litigation and Analysis
Our Insurance Coverage Group specializes in litigating, analyzing, and resolving complex coverage litigation and claims disputes involving large-scale professional liability, employment practices liability, directors and officers liability, comprehensive general liability, fidelity, excess, reinsurance and various other types of insurance policies. We also frequently handle arbitrations, mediations, and other alternative dispute resolution proceedings on a variety of insurance matters nationwide. Our Insurance Coverage Group has successfully litigated and resolved numerous cases involving high exposure claims and novel legal theories. We have expertise in all aspects of insurance coverage, including negotiating sophisticated settlements, drafting settlement agreements, serving as monitoring counsel, providing claims litigation supervision, auditing of claim files, drafting coverage position letters, drafting policy language, reinsurance advisement, preparing cost-sharing agreements, and acting as counsel in bad faith litigation.
Our Insurance Coverage Group has extensive experience in professional liability, directors and officers, and errors and omissions coverage, involving lawyers, accountants, real estate professionals, design professionals, condominium associations, directors and officers, financial institutions, mutual funds, investment advisors, and other professionals. Our lawyers represent some of the country’s largest professional liability and D&O insurers in litigation, including as trial counsel, in state and federal courts throughout the nation. We also regularly counsel professional liability and D&O insurers in non-litigation matters.
Prathyusha Matam and Daniel J. Berkowitz analyze the recent ruling in Kevin Brown, et al. v. Saint-Gobain Performance Plastics Corporation.... Read More
Benzene-Related Personal Injury Claims Subject to Exposure Trigger According to State Supreme Court
03.13.23
Radiator Specialty is one of the few appellate court decisions to determine the proper trigger analysis for benzene claims. It is likely that other courts will look to the court's reasoning in Radiator Specialty if presented with similar coverage trigger issues for underlying benzene claims.... Read More
The U.S. District Court for the District of Utah granted summary judgement to Aronberg Goldgehn's client in a case involving misrepresentations regarding prior knowledge.... Read More
Aronberg Goldgehn Adds New Associates to Business Law and Litigation Practices
09.14.21
Aronberg Goldgehn is excited to announce its continued growth with the additions of Jordan Lewandowski, Lauren M. Ingram and Alexandra ("Alex") Benigni.... Read More
Noted Expert Shari Belitz will provide insights on how psychological understanding can be employed to achieve favorable litigation outcomes... Read More
35 Aronberg Goldgehn Attorneys Honored as Leading and Emerging Lawyers in 2021 Lists
02.09.21
Leading Lawyers Network recognizes 35 Aronberg Goldgehn attorneys in the 2021 Leading and Emerging Lawyer lists.... Read More
Eighteen Aronberg Goldgehn Attorneys Named 2021 Illinois Super Lawyers and Rising Stars
01.29.21
Aronberg Goldgehn congratulates its 18 attorneys that have been selected to the 2021 Illinois Super Lawyers and Rising Stars lists.... Read More
The U.S. District Court for the District of North Dakota recently found that an insured attorney's knowledge of a judgment entered against his client following his failure to appear at trial, among other things, triggered a professional liability policy's "prior knowledge" provision.... Read More
The U.S. District Court for the Northern District of Illinois recently rejected an insured's attempt to obtain coverage for an underlying suit originally filed before the claims-made policy period.... Read More
Chris Bannon Obtains Judgment for Insurer in Coverage Dispute Over Restitution
10.08.20
Insurance Coverage litigator Chris Bannon recently obtained a declaratory judgment in favor of the firm's client, an errors and omissions insurer, in a declaratory judgment action.... Read More
Insurance Coverage Alert - Products and Services Exclusion Bars Coverage Under D&O Policy
09.29.20
A Products and Services Liability Exclusion relieved an insurer of the duty to defend lawsuits alleging fraud in the sale of technology, despite allegations that the insured was not the entity that sold the product to the plaintiff.... Read More
Insurance Coverage Update - Investigative Subpoena Not a D&O "Claim"
08.17.20
A subpoena served on a behavioral health care provider as part of a HHS investigation was not a Claim as defined in a D&O coverage part of a Private Company Management Liability Policy, and therefore was not covered.... Read More
Insurance Coverage Update - Restitution of Administrative Fee Is Not Covered Damages
08.05.20
An insurer represented by Aronberg Goldgehn in a declaratory judgment action had no duty to defend or indemnify a municipality against a class action suit, according to the Court.... Read More
Insurance Coverage Update - Prior Notice Exclusion Applies to Class Actions Filed Eight Years Apart
07.28.20
Two lawsuits involving different plaintiffs, defendants, class periods and legal theories alleged sufficiently related wrongful acts to trigger a Prior Notice Exclusion.... Read More
Twenty-Nine Aronberg Goldgehn Attorneys Named Illinois Leading Lawyers
07.08.20
Anderson, Bannon, Brodsky, Christman, De Preter, Frank, Garmisa, Gilman, Hanekamp, Hayes, Holisky, J. Johnson, Lazzara, Lichtenstein, Melamed, Morris, T. Nelson, C. Niro, B. Niro, Robertson, Schlifke, Scholl, Sciaccotta, Sodikoff, Stark, Warren, Wernick, Zaban and Zaslavsky named Leading Lawyers.... Read More
Six Aronberg Goldgehn Attorneys Named Emerging Lawyers By Illinois Leading Lawyers
07.08.20
Staci Balbirer, Amy M. Gibson, Benjamin Haskin, David A. Johnson, Jr., Amber O. LaFevers and Lindsay P. Lollio have been named Emerging Lawyers for 2020 by Illinois Leading Lawyers.... Read More
This Alert covers the Appellate Court ruling in W. Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc., 2020 IL App (1st) 191834 (March 20, 2020).... Read More
Eight Aronberg Goldgehn Members Named Super Lawyers By Illinois Super Lawyers
01.29.20
Chris Bannon, Jay Frank, Tom Hanekamp, Julie A. Johnson, Bill Niro John C. Sciaccotta, Blooma Stark and Michael A. Zaslavsky have been selected as Illinois Super Lawyers for 2020.... Read More
Seven Aronberg Goldgehn Attorneys Named Rising Stars By Illinois Super Lawyers
01.29.20
Staci Balbirer, Amy Gibson, Ben Haskin, David Johnson, Lindsay Lollio, Tim Nelson and Chris Niro have been named Rising Stars by Illinois Super Lawyers.... Read More
Aronberg Goldgehn's Women's Initiative Honors WINGS CEO Rebecca Darr With Its 2019 Inspiration Award
08.15.19
Rebecca accepted the award at the Fourth Annual Inspiration Award Reception hosted by the Aronberg Goldgehn Women's Initiative.... Read More
Aronberg Goldgehn's Women Attorneys Volunteer at Sarah's Circle
05.03.19
On April 24, 2019, a group of Aronberg Goldgehn's Women's Initiative members volunteered at Sarah's Circle in Chicago's Uptown Community, providing dinner service for their residents... Read More
The Investing in Justice Campaign raises much-needed funds for pro bono and legal aid services in the Chicago area.... Read More
Twenty-Three Aronberg Goldgehn Attorneys Named Leading Lawyers in Illinois
03.20.19
Anderson, Bannon, Brodsky, Christman, Frank, Garmisa, Gilman, Hanekamp, Hayes, Holisky, Johnson, Lazzara, Lichtenstein, Melamed, Morris, Robertson, Schlifke, Scholl, Sciaccotta, Sodikoff, Stark, Zaban and Zaslavsky named Leading Lawyers.... Read More
Seven Aronberg Goldgehn Attorneys Named Emerging Lawyers By Illinois Leading Lawyers
03.19.19
Staci Balbirer, Amy M. Gibson, Benjamin Haskin, David A. Johnson, Jr., Amber O. LaFevers, Lindsay P. Lollio and Timothy R. Nelson have been named Emerging Lawyers for 2019 by Illinois Leading Lawyers.... Read More
This alert covers a case where a U.S. District Court in Florida showed a limited appetite for a policyholder's attempt to beef up its claim for coverage and held a broad policy exclusion bars coverage.... Read More
Only 5 percent of Illinois attorneys are named Super Lawyers.... Read More
No more than 2.5 percent of the lawyers in Illinois are named to Rising Stars.... Read More
Staci Balbirer, David Johnson Jr. and Lindsay Lollio Named Members of Aronberg Goldgehn
01.21.19
Aronberg Goldgehn Davis & Garmisa has named Staci Balbirer, David A. Johnson Jr. and Lindsay P. Lollio as Members of the firm, effective January 1, 2018.... Read More
A U.S. District Court held an insurer responsible for payment of its original liability limits, disregarding policy language requiring reduction of limits through payment of defense expenses.... Read More
The Illinois Appellate Court recently reaffirmed an insurer's right to disclaim coverage under a "claims made and reported" policy when the insured fails to report the claim within the policy period.... Read More
The court granted partial judgement on the pleadings to the association's D&O insurer, which was represented in the case by Aronberg Goldgehn.... Read More
Aronberg Goldgehn's Women's Initiative Honors Sarah Alter With Its 2018 Inspiration Award
08.17.18
Sarah Alter, President and CEO of the Network of Executive Women (NEW), accepted the award at the Third Annual Inspiration Award Luncheon.... Read More
The 10th Circuit U.S. Court of Appeals recently affirmed a Colorado district court decision holding that an attorney's billing practices do not fall within an insurance policy's coverage for "professional services."... Read More
Aronberg Goldgehn Hosting the Legal Netlink Alliance's Spring 2018 Meeting
04.30.18
On May 17, 2018, the Legal Netlink Alliance will kick off its 2018 Spring meeting with a cocktail reception in the offices of Aronberg Goldgehn.... Read More
Five Aronberg Goldgehn Attorneys Named Emerging Lawyers By Illinois Leading Lawyers
03.30.18
Amy M. Gibson, Benjamin Haskin, Amber O. LaFevers, Lindsay P. Lollio and Timothy R. Nelson have been named Emerging Lawyers for 2018 by Illinois Leading Lawyers.... Read More
Twenty Aronberg Goldgehn Attorneys Named Leading Lawyers By Illinois Leading Lawyers
03.30.18
Twenty-one Aronberg Goldgehn attorneys have been named Leading Lawyers for 2018 by Illinois Leading Lawyers.... Read More
NASDAQ stock exchange faced significant exposure for its alleged mishandling of Facebook's 2012 IPO. NASDAQ's E&O carriers footed the bill and invited NASDAQ's D&O carriers to the event.... Read More
The Illinois Appellate Court recently held that a general request for punitive damages in a lawsuit does not create a conflict of interest triggering an insured's right to retain independent counsel.... Read More
The risky lending practices of Omni National Bank's Community Development Lending Division were not sufficiently connected to Omni's decision to hold onto and renovate the collateral following the housing crisis. Thus, the retroactive exclusion for prior or "interrelated wrongful acts" did not apply to bar coverage.... Read More
Aronberg Goldgehn members Christopher J. Bannon, Jay A. Frank, Thomas K. Hanekamp, Blooma Stark and Michael Zaslavsky have been selected as Illinois Super Lawyers for 2018.... Read More
Seven Aronberg Goldgehn Attorneys Named Rising Stars By Illinois Super Lawyers
01.24.18
Staci L. Balbirer, Amy M. Gibson, Benjamin Haskin, David A. Johnson, Jr., Amber O. LaFevers, Lindsay P. Lollio and Timothy R. Nelson have been named "Rising Stars" by Illinois Super Lawyers.... Read More
Insurance Coverage Update - Incorporating Asbestos Into Products Is Single Occurrence in Illinois
12.08.17
The continuous manufacture and sale of conveyor systems incorporating asbestos-containing products constituted one occurrence under the terms of primary CGL policies, exhausting the policies' per occurrence limits.... Read More
An appeals court affirmed the dismissal of a bank's lawsuit, finding an insurance policy's exclusion for claims "based upon, arising from, or in consequence of any fees or charges" barred coverage.... Read More
Rowena Zimmers accepted Aronberg Goldgehn's 2017 Inspiration Award at its 2nd Annual Inspiration Award Luncheon.... Read More
The Second Circuit found that a suit by a former director who resigned from the insured's board was brought in his "capacity" as a former director and rejected his arguments that the relevant insurance policy's IvI exclusion was ambiguous.... Read More
An insured attorney's prior knowledge of an alleged error in negotiating a client's contract barred any duty to defend or indemnify against an underlying malpractice lawsuit.... Read More
A Liquidating Trustee's breach of fiduciary duty claim fell within the IvI exclusion of a D&O policy despite an assignment of that claim by the insured entity as part of a liquidation plan.... Read More
The Court determined that the insured's application for coverage failed to disclose information regarding participation in a fraudulent scheme by certain insureds.... Read More
Insurance Coverage Update - Risky Lending Practices Trigger Prior Acts Exclusion
07.10.17
Fraudulent transfers to a collapsing bank subsidiary, made after the Prior Acts date, were barred from coverage by the Prior Acts exclusion in a D&O policy because they arose from financial missteps that pre-dated the Prior Acts date.... Read More
The Seventh Circuit addressed the outer limits of a professional liability insurer's duty to defend where a claim contains background facts regarding an insured's professional services, but the allegations do not point to any theory of recovery against the insured for breach of professional obligations.... Read More
Eighteen Aronberg Goldgehn Attorneys Named Leading Lawyers By Illinois Leading Lawyers
04.27.17
Eighteen of the firm's members have been named Leading Lawyers by Illinois Leading Lawyers, a designation awarded to less than 5 percent of Illinois attorneys.... Read More
Four Aronberg Goldgehn Attorneys Named Emerging Lawyers By Illinois Leading Lawyers
04.26.17
Amy Gibson, Julie Johnson, Tim Nelson and Amber LaFevers have been named Emerging Lawyers by Illinois Leading Lawyers, a designation awarded to less than 2 percent of Illinois attorneys.... Read More
A company president defeated his D&O insurer's arguments that coverage was barred by the policy's Prior or Pending Litigation Exclusion, but lost coverage due to his delay in notifying his insurer of the pending lawsuit.... Read More
An Insured-versus-Insured exclusion in an association's D&O policy applies to preclude a defense for a former treasurer sued by the association's fidelity insurer.... Read More
Insurance Coverage Update - D&O Coverage Suit Defeated By Insured v. Insured Exclusion
03.02.17
A former condominium association's president's presence as a plaintiff in a lawsuit against the association prevented the association from obtaining a defense and indemnification from its D&O insurer.... Read More
The U.S. District Court for the Southern District of Illinois rescinded a lawyers professional liability policy in light of the insured's misrepresentations in applying for the policy.... Read More
Allegations of continuing misrepresentations did not negate application of a prior acts exclusion where misrepresentations first appeared on the company website before the retroactive date.... Read More
Insurance Coverage Update - Lawsuit Demanding Withheld Premiums Falls Outside of "Damages"
02.02.17
An insurer does not need to defend and indemnify insurance broker in fraud suit because the only damages claimed in the underlying action were for the disgorgement of premiums, which were excluded from coverage.... Read More
Coverage for a lawsuit brought by an Insured Person, a former Director of the defendant company, and non-Insureds, her daughters, was barred by the Insured v. Insured exclusion of a D&O Policy.... Read More
Aronberg Goldgehn Attorneys Named Rising Stars By Illinois Super Lawyers
01.23.17
Staci L. Balbirer, Amy M. Gibson, Julie A. Johnson, Amber O. LaFevers and Timothy R. Nelson have been named "Rising Stars" by Illinois Super Lawyers.... Read More
Aronberg Goldgehn members Chris Bannon, Jay Frank, Tom Hanekamp, Blooma Stark and Michael Zaslavsky have been selected as Illinois Super Lawyers for 2017.... Read More
According to the California Supreme Court, employers owe a duty to protect members of an employee's household from the dangers associated with exposure to asbestos fibers.... Read More
Aronberg Goldgehn Sponsoring the 18th Annual Illinois Bar Foundation Gala
09.07.16
Aronberg Goldgehn is honored to be the Northern Illinois University Fellowship Sponsor for the Illinois Bar Foundation's 2016 Gala, where Illinois Attorney General Lisa Madigan will be presented with the 2016 Distinguished Award for Excellence.... Read More
Aronberg Goldgehn's Women's Initiative Hosts Its Inaugural Inspiration Award Luncheon
08.01.16
Ulta Beauty General Counsel Jodi Caro Honored With the 2016 Inspiration Award... Read More
Chris Bannon and Amber LaFevers Obtain Declaratory Judgment For Claims-Made Insurer
06.15.16
Christopher J. Bannon and Amber O. LeFevers successfully litigated a declaratory judgment action for the firm's client, a financial institutions errors and omissions insurer, resulting in a judgment in the insurer's favor.... Read More
Insurance Coverage Update - Interplay of Extended Reporting Period and Subsequent Claims-Made Policy
05.24.16
The U.S. District Court for the Northern District of Indiana recently addressed an important issue for claims-made insurers, providing guidance on the meaning of "similar" coverage, as used in common extended reporting period (ERP) provisions, and whether an ERP applies in that situation.... Read More
Chris Bannon and Amber LaFevers Obtain Summary Judgment In Claims-Made Coverage Dispute
03.31.16
The two obtained summary judgment in a case of first impression under Indiana law involving the question of coverage, under a "claims-made" liability policy, for a claim made against the insured law firm after the policy period.... Read More
An insurer disclaiming coverage under a claims made policy issued to a "sophisticated" insured is not required to establish prejudice resulting from delayed notice of the claim.... Read More
ERISA Update - Supreme Court Dramatically Limits ERISA Plans' Right to Reimbursement
01.25.16
In a decision that impacts ERISA plans' ability to obtain reimbursement of benefits paid to, and on behalf of, plan participants, the U.S. Supreme Court has ruled that plans cannot recover funds spent by the participant.... Read More
Five Aronberg Goldgehn Attorneys Named Rising Stars by Illinois Super Lawyers
01.01.16
Staci Balbirer, Amy M. Rapoport Gibson, Amber O. LaFevers, Timothy R. Nelson and Julie A. Neubauer and have been designated Rising Stars in Illinois by Super Lawyers.... Read More
Aronberg Goldgehn members Christopher J. Bannon, Jay A. Frank, Blooma Stark and Michael Zaslavsky have been selected as Illinois ‘Super Lawyers' for 2016.... Read More
Chris Bannon and Lisa Brodsky Obtain Summary Judgment in Coverage Battle
09.22.15
Christopher J. Bannon and Lisa J Brodsky obtain summary judgment for a legal professional liability insurer, with the U.S. District Court for the District of New Jersey granting a declaratory judgment that the insurer had no obligation to pay for an underlying $833,000 judgment.... Read More
American Access Casualty Co. v. Alassouli reaffirms the difficult standard insurers must meet in Illinois when disclaiming coverage based on the breach of a policy's cooperation clause.... Read More
Chris Bannon Quoted in Illinois Bar Journal Article, "Women in the Law; Making the Ask"
07.23.15
Aronberg Goldgehn Co-Managing Member Christopher J. Bannon and others address what firms can do to ensure that female attorneys' compensation and opportunities keep pace with their talent and commitment.... Read More
Chicago Lawyer magazine' has published the results of its annual diversity survey of the largest law firms in Illinois, and Aronberg Goldgehn has been ranked No. 1 in one analysis of the statistics.... Read More
Christopher J. Bannon and Amber O. LaFevers recently obtained summary judgment in favor of the firm's client, a legal professional liability insurer, in a coverage action in the U.S. District Court for the Northern District of New York.... Read More
On May 7, 2015, Aronberg Goldgehn Co-Managing Member Christopher J. Bannon and his fellow panelists will present "Rising Above the Stats: Defining and Encouraging Success for Women Attorneys and Methods for Achieving It."... Read More
Insurance Coverage Update - Rescission & the Innocent Insured Doctrine
02.25.15
In a much-anticipated decision that impacts liability insurers' ability to obtain policy rescission, the Illinois Supreme Court ruled on February 20, 2015 that the "innocent insured" doctrine does not apply to rescission cases.... Read More
Aronberg Goldgehn Attorneys Named 2015 Illinois Super Lawyers and Rising Stars in Illinois
01.12.15
Christopher J. Bannon, Jay A. Frank and Blooma Stark have been selected as Illinois Super Lawyers; Amber N. LaFevers, Timothy R. Nelson and Amy M. Rapoport Gibson named ‘Rising Stars.'... Read More
Lisa Brodsky, Tim Nelson and Amy Gibson Elected New Members
01.01.15
Aronberg Goldgehn has elected Lisa J. Brodsky, Timothy R. Nelson and Amy M. Rapoport Gibson as Members of the firm, effective January 1, 2015.... Read More
Amber LaFevers, Tim Nelson and Amy Gibson Named Rising Stars By Illinois Super Lawyers
01.13.14
Amber LaFevers, Timothy R. Nelson and Amy M. Rapoport Gibson have been designated as Rising Stars by Illinois Super Lawyers.... Read More
Christopher J. Bannon, Jay A. Frank, William J. Garmisa and Blooma Stark have been selected as Super Lawyers by Illinois Super Lawyers.... Read More
Aronberg Goldgehn members Christopher J. Bannon, Jay A. Frank, William J. Garmisa and Blooma Stark have been selected as Illinois Super Lawyers.... Read More
The Illinois Appellate Court held that an insurer breached its duty to defend when it hired defense counsel but did not take sufficient action to ensure that counsel provided an "actual defense" for the insured. Consequently the court found the insurer liable for damages in an amount well in excess of the policy limits.... Read More
Insurance Coverage Update - Restitution of Monies Wrongfully Taken Is Not Damages
03.11.13
Addressing an issue that professional liability, EPL, D&O and CGL insurers often face, the U.S. District Court for the Southern District of Illinois recently held that restitution of monies wrongfully taken does not constitute "damages" within the meaning of an insurance policy... Read More
Chris Bannon Obtains Judgment for Condo Association E&O Insurer
01.15.13
Litigation attorney Christopher Bannon recently obtained summary judgment in favor of the firm's insurer client.... Read More
Seven Aronberg Goldgehn Attorneys Named 2013 Illinois Super Lawyers' and Rising Stars' in Illinois
01.04.13
Aronberg Goldgehn is pleased to announce that four attorneys were selected as Illinois ‘Super Lawyers' for 2013 and four attorneys were designated as ‘Rising Stars' in Illinois by Super Lawyers magazine.... Read More
Chris Bannon Obtains Summary Judgment in Real Estate Professional Liability Coverage Case
11.29.10
Insurance coverage attorney Christopher J. Bannon has obtained summary judgment on behalf of a professional liability insurer in a coverage case filed against the insurer in Minnesota state court.... Read More
Chris Bannon Obtains Appellate Court Ruling for Accountants' Professional Liability Insurer
11.24.09
Christopher Bannon has obtained an appellate court victory for a professional liability insurer in a Louisiana suit over insurance coverage for an accountant accused of securities laws violations and related wrongful acts.... Read More