Our people

Paul concentrates his practice on complex litigation and insurance recovery, primarily for large corporate policyholders. He has successfully obtained recoveries on behalf of clients under a variety of insurance policies, including general liability policies and directors & officers insurance. He has also handled litigation involving environmental liability, toxic torts, commercial disputes including bankruptcy, and various pro bono matters.  Paul has been recognized by Chambers USA 2007-2009: America’s Leading Lawyers for Business, stating that "he receives a wealth of endorsements from clients due to his extensive knowledge of the field” and his “professionalism and dedication to excellence.” 

Paul has represented clients of all sizes from diverse industry sectors, including public utilities, oil, transportation, news media and industrial manufacturing. He customizes his approach to the needs of every client and, having counseled both Fortune 100 corporations and single-owner businesses, he is sensitive to cost and time considerations as they apply to each. Reflecting this diverse practice, Paul is regularly involved with client personnel at every level, from senior management and general counsel to hourly workers.

At the start of every matter, Paul strives to identify clearly the client's goal. He formulates as early as possible a legal and factual theory of the case to achieve that goal, then pursues it consistently. As one example, a client seeking to maximize its cost recovery will require a different strategy from one seeking a quick resolution. Because most of his cost-recovery litigation is for large corporate policyholders, he often counsels on matters with substantial financial and economic impact.

Arbitration and mediation are important elements of Paul's cost recovery practice. He has been involved in alternative dispute resolution of directors' & officers' liability claims and other coverage issues. ADR is often a policy requirement for the large corporations that he represents, and he is frequently successful in obtaining resolutions that secure the highest possible percentage of the claims made by his clients.

Publications

• "The Dodd-Frank Wall Street Reform and Consumer Protection Act's Effect on the Insurance Industry" LexisNexis Insurance Law Center (July 21, 2010)
• "National Insurance and Financial Regulatory Reform" Law360 (July 2009)
• "AIG’s Financial Distress: How Credit Default Swaps and the Lack of Regulation Brought Down an Insurance Giant and Implications for the Insurance Industry" New Appleman on Insurance: Current Critical Issues in Insurance Law (March 2009), co-authored with Timothy P. Law
• "The Potential for Federal Regulation of Insurance in Light of AIG Inc.'s Financial Collapse," LexisNexis Insurance Law Center (December 10, 2008)
• “Privilege? What Privilege? Recent Illinois Cases Cast Further Doubt on the Application of the Attorney-Client and Work Product Privileges to Insurance Company Claim Files,” 2007 ABA Insurance Coverage Litigation Committee CLE Seminar (March 1, 2007), co-authored
• "An Ounce Of Prevention: Getting Your Money’s Worth As An Additional Insured," Corporate Counsel (December 2006), co-authored with James M. Davis
• "Long-Tail Claims and Insurance Archeology, Why You Need Historic Insurance and How to Reconstruct It," Corporate Counsel (April 2006), co-authored with James Davis and Evan T. Knott
• "Insurance Coverage for Liabilities Incurred by Corporate Predecessors," 2006 ABA Insurance Coverage Litigation Committee CLE Seminar (March 3, 2006), co-authored
• "When It Comes to Insurance Claims, Late Notice is Better Than No Notice," Corporate Counsel (October 2005), co-authored with James Davis and Evan T. Knott
• “Insurers’ Use of Boilerplate Affirmative Defenses and Rule 11 – Where’s the Outrage?” Coverage (January/February 2005), co-authored
• “Putting to Rest the Confusion Concerning Pro Rata Allocation for Long-Term Continuous Damage Claims in Illinois,” Mealey's Litigation Report: Insurance (Jan. 28, 2003), co-authored

Speeches / Presentations

• "The Impact of the Dodd-Frank Act on the U.S. Insurance Industry," Presentation for LexisNexis Insurance Law Community Podcast (August 2, 2010)
• "Notice to Insurers Under Illinois Law: The Good, the Bad and the Ugly," Presentation and webcast to Chicago Bar Association Insurance Law Committee (April 7, 2010)
• "AIG’s Financial Distress: How Credit Default Swaps and the Lack of Regulation Brought Down an Insurance Giant," New Appleman Insurance Coverage Teleconference (April 6, 2009)
• "Developments and Issues from Government Bailout of AIG," Lexis Nexis Insurance Law Center Legal News Podcast, Chicago (September 23, 2008)
• “Reasonable Expectations Doctrine and Recovering Insurance for Global Warming Liabilities," REBEX, Itasca, Ill. (Oct. 25–26, 2007)
• "Brave New World? Amendments to Federal Rules Affecting Electronic Discovery," Thirtieth Annual American Gas Association Legal Forum, Vail, Colorado (July 17, 2007)
• “Leveling the Playing Field: Application of the Reasonable Expectations Doctrine in Insurance Recovery Litigation,” TrialSmith “SeminarLive!” (June 19, 2007)
• “Navigating the Jungle of Electronic Lions, Paper Tigers and Privileged Bears,” 2007 ABA Insurance Coverage Litigation Committee CLE Seminar, Tucson (March 1, 2007)
• "Emerging Issue: Back-Dating of Options--Dealing with Investigations and Securities Class Actions," The Forgotten Promise--Strategies and Tactics to Maximize the Value of D&O Insurance, Chicago (Oct. 12, 2006)
• "Dealing with Toxic Torts—Issues with Insolvencies and Schemes of Arrangements," 9th Annual Policyholder Advisor Conference, Chicago (June 1, 2006)
• "Lost Policies, Burning Rivers and Other Everyday Corporate Transactions: Expert Answers to Life, the Universe and Insurance," 2006 ABA Insurance Coverage Litigation Committee CLE Seminar, Tucson (March 3, 2006)
• "Insurance Coverage Related to Katrina/Rita Damages" and "Wind vs. Flood: Coverages, Exclusions and Causation," Toledo Ohio Chapter of Risk and Insurance Management Society, Inc., Toledo (Feb. 2, 2006)
• "Insurance Coverage for the Oil and Gas Industry, Maximizing Your Insurance Recovery," AKO's Eighth Annual Policyholder Advisor Conference (December 2005)

Experience

Legal Education

Undergraduate Education

Professional Admissions / Qualifications

• Illinois

Professional Affiliations

• American Bar Association

Notable Quotes

Paul has been quoted or cited as an authority on insurance law.  The following are recent representative samples:

• "Filling New Consumer Agency Post Is Just the Start Under Dodd-Frank," BNA's Daily Report for Executives (August 5, 2010)
• "Industry Weighs In on Feds Creating Office to Watch Insurance," BestWeek (July 26, 2010)
• "Business Exclusions Defined:  Recent Liability Case is a Win for Energy Companies—Perhaps All Policyholders," Risk & Insurance (May 1, 2006)
• "Insurers Denying Oil B.I. Claims," National Underwriter (Dec. 13, 2005)
• Armstrong Cleaners, Inc. v. Erie Ins. Exchange, 364 F. Supp.2d 797, 809 (S.D. Ind. 2005) "An insurer may not reserve its rights to assert otherwise unidentified defenses with a general statement to the effect that such defenses may arise during the course of its investigation of the claim. Consequently, if the insurer fails to set forth specific defenses in its reservation of rights letter, it may be held to have waived those defenses or be estopped from asserting them at a later stage." James M. Davis and Paul Walker-Bright, Insurers' Use of Boilerplate Affirmative Defenses and Rule 11 – Where's the Outrage, 15 Coverage 1, American Bar Association Section of Litigation (January/February 2005)