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Overview

David T. Brown represents clients in all aspects of insurance coverage representation, including coverage analysis, monitoring services, and litigation of coverage and bad faith claims exposures. Mr. Brown also engages in commercial, professional liability, and general liability litigation defense on behalf of private companies.

Mr. Brown’s insurance coverage practice includes representation of insurers and insureds involving issues of commercial crime, fidelity bond, commercial general liability (including construction defect and additional insured tenders), errors and omissions, directors and officers liability, architects and engineers liability, legal and medical malpractice liability, and technology, media and cyber liability. His defense practice includes defense of professionals, directors and officers.

Mr. Brown employs a “big-picture” view of legal issues to realize cost and time effective solutions. He considers all reasonable strategies for achieving his clients’ goals, including the use of alternative dispute resolution strategies in lieu of litigation when appropriate. Mr. Brown also has an extensive and proven record of litigating disputes to judgment when that is in the best interests of his clients. Mr. Brown has been recognized on SuperLawyers “Rising Stars” list for insurance coverage and is a frequent author and speaker on insurance coverage matters.

Admissions

  • Illinois
  • Iowa
  • U.S. District Court
    • Northern District of Illinois
    • Southern District of Illinois

Education

  • University of Iowa College of Law – J.D., 2002
  • University of Iowa – B.B.A., 1999

Professional Memberships

  • American Bar Association

Representative Matters

  • Atain Ins. Co. v. E. Coast Bus. Fire, No. 17-2545, 2018 U.S. Dist. LEXIS 15535 (E.D. Pa. Jan. 31, 2018) (granting insurer’s motion for judgment on the pleadings, declaring no duty to defend or indemnify the insured for claims of negligence, negligence misrepresentation and unjust enrichment because the claims were not an “occurrence” given all duties and breaches arise from contractual obligations).

  • Atain Specialty Ins. Co. v. Greer, 2016 WL 1569892 (S.D.Ill. April 19, 2016) – Obtained judgment in favor of insurer client on limits of liability exposure, enforcing policy exclusion.

  • Taylor, Bean & Whitaker Mort. Corp. v. Certain Underwriters at Lloyd’s London, et al., Case No. 3:10-ap-00243, U.S. Bankruptcy Court, Middle District of Florida – Obtained multiple judgments in favor of insurer client on multiple claims for fidelity bond coverage relating to alleged $1 billion fraud loss.
  • Nancy Bartkowiak v. Underwriters at Lloyd’s, London, Case No. 2012-CH-39995, Circuit Court of Cook County, Illinois – Obtained judgment in favor of insurer client defeating estoppel and bad faith claim seeking over $4 million in excess of policy limits. The decision was later upheld on appeal at Bartkowiak v. Underwriters, 2015 IL App (1st) 133549 (1st Dist. 2015).
  • Atain Specialty Ins. Co. v. Chouteau Prop. Man. Inc., 2014 WL 1759060 (S.D.Ill. May 2, 2014) – Obtained judgment in favor of insurer client on limits of liability exposure, enforcing policy exclusion.
  • Perfect Choice Exteriors, LLC v. Better Business Bureau of Central Illinois, Inc., Case No. 14 L 329, Tenth Judicial Circuit, Illinois – Obtained dismissal with prejudice of defamation claim against a non-profit client.
  • Represented insurer client in insurance coverage litigation on large scale construction development disputes involving additional insured and CGL insuring agreement defenses and resolved claims for fraction of amount sought.
  • Represent insurer clients in insurance coverage litigation on employment practices liability, D&O, professional liability and media liability coverage involving exposures of several million dollars.
  • Represent insurer clients, conducting investigations and advocating coverage regarding fidelity and crime coverage disputes involving employee dishonesty, computer fraud and social engineering schemes.
  • Representing private company client in litigation against claims deriving from non-compete provisions.
  • Representing multiple professionals and private companies in litigation against malpractice and general bodily injury claims.

Recognition

  • Super Lawyers Rising Stars, Insurance Coverage (2012)
Super Lawyers Martindale Hubbel AV Preeminent Law 360