Richard has been involved in environmental counseling and
litigation since the dawn of the modern environmental law era and
was one of the original employees of the U.S. Environmental
Protection Agency, both in its Chicago Region V office as well at
the EPA Headquarters in Washington D.C. He has appeared
frequently before the U.S. EPA, both in informal negotiations over
remedial projects or rule-making, and in administrative litigation
before EPA Judicial Officers and its Board of Hearings and
Appeals. Richard has represented clients before state-level
environmental agencies and bodies including the Illinois Pollution
Control Board, the Indiana Department of Environmental Management,
and the Pennsylvania Department of Environmental Resources.
He also served as a Special Assistant State's Attorney to prosecute
a claim by a county government to recover the costs associated with
the leaching of lead from a courthouse roof, and defending the
county against the state EPA. In recognition of Richard's
work over the years, he was appointed to the Environment Board of
the City of Evanston.
The current focus of Richard's insurance coverage practice
includes environmental, construction defect/site injury, and
trucking/MCS-90/B matters. Richard has advised clients and
litigated insurance coverage disputes involving injury and damage
issues arising under general and employer's liability coverages and
first-party property coverages, including
multi-modal/multi-jurisdictional freight claims.
With respect to environmental coverage, Richard has handled claims
and coverage litigation arising out of property damage, bodily
injury and Personal Injury (the latter asserted in
nuisance/trespass claims to avoid the pollution exclusion), under
GL, umbrella, excess, EPL/EIL, commercial auto, garage,
contractors, inland marine, cargo legal liability, professional
liability, and reinsurance facultative certificates and
treaties. Whether the cases involve trigger and allocation
issues for multiple sites under numerous CGL policies, or claims
for coverage under various types of claims-made or first-party
policies, Richard has litigated almost every issue raised by such
claims, in many jurisdictions and in state and Federal Courts of
Appeal.
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Admiral Ins. Co. v. Joy Contractors, New York Court of
Appeals: Oral Argument April 25, 2012.: http://www.nycourts.gov/ctapps/arguments/2012/AprMay12/042512-No93.asx
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DHR
International, Inc. v. Travelers Casualty and Surety Company of
America, No. 15 C 4880, N.D. Ill.
2016.
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Catlin Specialty Insurance Co. v. Montelongo Inc. d/b/a Montelongo
Homes & Remodeling, et al., No. 12-711,
W.D. Texas; 2013 U.S. Dist. LEXIS 55496)2013.
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SUA
Insurance Co. v. S&O Investments LLC, et al., No. 10- 0313,
S.D. Ala. 2011.
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SUA
Insurance Co. v. Classic Home Builders LLC, et al., 751 F.
Supp. 2d 1245 (S.D. Ala. 2010).
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American Economy Insurance Company v. DePaul
University, 383 Ill. App. 3d 172 (1st Dist.),
App. granted and dismissed, 229 Ill.2d 617. Duty to defend,
attorney's fees, and post-judgment interest awarded against
non-defending insurer based upon additional insured
coverage.
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Tonicstar Ltd. v. Lovegreen Turbine Servs., 535 F.3d 790 (8th
Cir.). No coverage for non-settling Lloyds Syndicate
member for $6.7 million business interruption based upon plant
shut-down, under Business Risk exclusions.
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U.S. Fire Ins. Co. v. Albex Aluminum, Inc., 161 Fed. Appx. 562
(6th Cir.). Federal abstention of declaratory
judgment action upheld under the Brillhart-Wilton Doctrine where
parallel state court tort action proceeding, even where tort action
had no insurance coverage aspects.
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Coregis
Ins. Co. v. City of Harrisburg, 401 F.Supp.2d 398; 2006 U.S.
Dist. LEXIS 20340 (M.D. Pa.). No coverage for
multi-year false imprisonment and related Civil Rights Act claims,
where underlying plaintiff wrongfully convicted but policy not in
force during operative time.
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Pilling v. Va. Prop. & Cas. Guarantee Fund, 95 Fed. Appx.
126 (6th Cir.). Priority of coverage/drop-down/state
guaranty fund issues.
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Insura Prop. & Cas. Co. v. Steele, 344 Ill. App. 3d 466
(5th Dist.). Enforced Off-Road Vehicle exclusion from
vehicle liability policy, for catastrophic personal injury.
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William
H. Jump, et al. v. TL Dallas [Special Risks] Ltd., et al., No.
03 C 34, N.D. Ill.2003
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United National Insurance Co. v. Lenny Szarek Inc., et al., No.
95 LA 242, Ill. Cir., 19th Jud. Dist., McHenry Co.2002
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Citizens for a Better Environment v. Illinois Pollution Control
Board, 152 Ill. App. 3d 105 (1st
Dist.). Upheld portions of business-backed
regulation; upheld ability of challenged Board member to
participate in decision.
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Great Lakes Dredge & Dock Co. v. Commer. Union Assur. Co.,
U.S. Dist. LEXIS 18500 (N.D. Ill.), 260 F.3d 789 (7th Cir.),cert.
denied, 535 U.S. 1012. Obtained reversal of $40
million trial court judgment against insurer where insurance was
not in force on the date of flooding of entire Chicago business
district; upheld principle that coverage triggered by incurrence of
property damage rather than cause of property damage.
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American Motorists Insurance Co. v. Hellmuth, Obata & Kassabaum
Inc., et al., 325 Ill. App. 3d 1178 (2001), app denied, 198
Ill. 2d 611 (2002).
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Babinski v. Am. Family Ins. Group, 543 F.Supp.2d 1035 (D.
Minn.)
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Castro v. South Chicago Community Hospital, 166 Ill.App.3d 479
(1st Dist.)
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Chaveriat v. Williams Pipe Line Co., 11 F.3d 1420 (7th
Cir.)
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Specialty Underwriters Alliance v. Peebles McManus LLC, et al.,
No. 3:08-cv-888-MEF (M.D.
Ala.)
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McWhorter Dist., Inc. v. National Specialty Ins.
Co., No. 39-2009-00201486-CU-IC-STK (Sup. Ct. San Joaquin Cnty.,
CA). Dismissed
insured's claim for coverage under MCS-90 endorsement, where other
proceeds available from another insured to satisfy $750,000
regulatory requirement; also dismissed on ripeness grounds where no
final judgment to potentially trigger MCS-90
endorsement.