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   3Jill B. BerkeleyChicago(312) 269-8024jberkeley@nge.comjberkeley@nge.comNeal Gerber & Eisenberg LLPwww.nge.comwww.nge.comberkeleyjillb.jpgInsurance Coverage Law: Consumer InsuredsInsurance, Insurance Coverage & Reinsurance Law
Jill B. Berkeleyjberkeley@nge.com
Neal Gerber & Eisenberg LLPhttp://www.nge.com
2 N LaSalle St Ste 1700
Chicago IL 60602-3801
Ph.(312) 269-8024 Fx.(312) 980-0836Leading Lawyers Magazine story about this lawyer
Berkeley_Business2010.pdf
Recommended by peers in:
Insurance Coverage Law: Consumer Insureds
Insurance, Insurance Coverage & Reinsurance Law
Advisory Board Member
County:  Cook
Litigator:  Yes

Practice Description:  
Ms. Berkeley has extensive experience representing policyholders and claimants in coverage litigation involving toxic torts, environmental, construction, products liability, intellectual property, and excess liability matters. In addition to litigation, she counsels clients on issues of coverage and risk management under all forms of commercial policies including general liability, property and builder's risk, personal and advertising injury liability, directors and officers liability, and professional liability. She routinely assists clients in the review and drafting of policy forms and endorsements.

Ms. Berkeley is known as "an attorney who is creative in her problem-solving and excellent in negotiating." She has been called the "coverage lawyer's coverage lawyer." She was selected as one of Business Insurance's "Women to Watch" in 2006. She is the 2005 recipient of the Andrew Hecker Memorial Award presented by the American Bar Association. She has been listed in Chambers USA Policyholder Nationwide Rankings, 2008, Insurance Coverage Litigation, Illinois Rankings, Leading Individuals 2005-2008, Illinois 2006 - 2007 Super Lawyers "Top 100 Attorneys and Top 50 Female Attorneys," Leading Lawyers' "Top 100 Attorneys and Top 50 Leading Women Business Lawyers in Illinois 2006-7."

She was the author and is current editor of the CGL Reporter, The Insurance Coverage Litigation Handbook and was the editor of The Policy, the quarterly newsletter published by the Illinois State Bar Association (1986-1998). She created a computerized database that indexes all Illinois insurance cases summarized in The Policy since 1986 and maintains The Policy Internet edition, currently housed on Howrey's Web site.


Notable Cases and Results:  
Aetna Cas. & Sur. Co. v. O'Rourke Brothers, Inc. Obtained a ruling from the Illinois Appellate Court on application of estoppel, number of occurrences and the duty to defend misrepresentation claims.
American Economy Insurance Co. v. Holabird & Root Obtained a ruling from the Illinois Appellate Court affirming additional insured coverage for architect in subcontractor's CGL policy.
American States Ins. Co. v. Koloms Obtained an appellate court ruling and wrote the briefs in the precedent-setting Illinois Supreme Court decision rejecting application of the absolute pollution exclusion to a release of carbon monoxide from a landlord's furnace.
Country Life Ins. Co. vs. St. Paul Surplus Lines Ins. Co. Obtained a trial court ruling that an insurer's coverage counsel's files had to be produced because counsel was acting as an adjuster.
Indemnity Insurance Company of North America v. Melton Truck Lines, Inc. Obtained dismissal of declaratory judgment in favor of a prior pending policyholder complaint in another jurisdiction.
Utica Mutual Insurance Company v. The David Agency, et al. Obtained a ruling from the Northern District of Illinois applying Illinois estoppel rules to a situation in which the insurer failed to disclose a conflict of interest.


Bar Admissions:  
Illinois, 1975
United States Court of Appeals for the Seventh Circuit
United States District Court for the Northern District of Illinois
United States District Court for the Central District of Illinois
United States District Court for the Northern District of Indiana


Year of Birth:  1950

Law School:  Northwestern University School of Law,J.D., 1975
Undergraduate School:  University of Michigan, B.A., Journalism, 1972
Undergraduate School Honors/Involvement:  High distinction; high honors; Phi Beta Kappa

Bar/Professional Association Involvement:  
American Bar Association, Tort Trial & Insurance Practice Section, Chair, Insurance Coverage Litigation Committee 2005 - 2006
American Bar Association, Tort Trial & Insurance Practice Section, Chair, Insurance Programs Steering Committee 2001 - 2003
American Bar Association, Tort Trial & Insurance Practice Section, Member, Governing Section Council 1997 - 2000
American Bar Association, Tort Trial & Insurance Practice Section, Chair, Minority, Women & General Membership Involvement Committee 1993 - 1995
American Bar Association, Tort Trial & Insurance Practice Section, Chair, Self-Insurers and Risk Managers Committee 1992 - 1993
American Bar Association, Tort Trial & Insurance Practice Section, Chair, Scope & Correlation Committee 2003 - 2005
American Bar Association, Tort Trial & Insurance Practice Section, Chair, Communications Coordinating Committee 2000 - 2001
Association of Professional Insurance Women, Member, 1996 - Present
Defense Research Institute, Member, 1986 - Present
Illinois Association of Defense Trial Counsel, Member of Board of Directors, 1989 - 1997
Illinois Association of Defense Trial Counsel, Chair, Insurance Coverage Committee 1990 - 1994
Illinois Association of Defense Trial Counsel, Co-Chair, Membership Committee 1990 - 1996
Illinois Captive and Alternative Risk Funding Insurance Association, Director and Vice President 1994 - 2002
Illinois State Bar Association, Regent, Academy of Illinois Lawyers 1999 - 2002
Illinois State Bar Association, Chair, Insurance Law Section Council 1992 - 1993
Illinois State Bar Association, Editor, The Policy, Insurance Law Section Council 1986 - 1998
National Risk Retention Association, Member, Board of Directors 1996 - 1999
National Risk Retention Association, Vice Chairman, 1997 - 1998


Published Legal Writing:  
"A Practical Guide for Defense Counsel of the TriPartite Relationship." Ethics and the Legal Profession, Illinois Association of Defense Trial Counsel (May, 2008).
"Duty to Defend." Commercial and Professional Liability Insurance, Illinois Institute of Continuing Legal Education (2008). Co-authored with Michael T. Reagan.
"Recent Developments Affecting Self-Insurers and Risk Managers." Tort Trial & Ins. Prac. L.J (Winter, 2006).
"Six Myths to Overcome for Insuring Economic Loss, Breach of Contract, and Faulty Workmanship (Revised)." CGL Reporter (Spring, 2005).
"Duty to Defend." Commercial and Professional Liability Insurance Supplement (2005) Illinois Institute of Continuing Legal Education.
"When I Was a Young Lawyer." TortSource 7, No. 1 (Fall, 2004).
"The Corporate Sky is Falling - Who Picks Up the Mess?" American Bar Association Annual Meeting Program (August, 2004).
"Duty to Defend." Commercial and Professional Liability Insurance (2002) Illinois Institute of Continuing Legal Education.
"Coverage for Contractual Liabilities." CGL Reporter 13, 310-1 (Spring, 2001).
"Getting Along with the Insurer: A Guide for the Zealous Defense Litigator." ALI-ABA's Practice Checklist Manual on Insurance (November, 2002) [previously in The Practical Litigator, Vol. 9, No. 6, p. 19 (November 1998)].
"Beware ?Braye' Redux: Coverage Mystery Solved!" IDC Quarterly 11, No. 4 (2001) at 4 (Fourth Quarter 2001).
"Managing the Ongoing Insurer-Insured Relationship." The Brief 30, No. 2 (Winter, 2001) at 60.
"Self-Insurance: A Survey of Issues - Update 1999." CGL Reporter (11) 760-1 (Spring, 1999).
"Finding Insurance Coverage: You Need to Know How to Look." Tort Trends 34, No. 3 (January, 1999).
"Getting Along with the Insurer: a Guide for the Zealous Defense Litigator." The Practical Litigator 9, No. 6 (November, 1998) at 19.
"Covering Property Exposures Under the Liability Risk Retention Act." Risk Retention Reporter (May, 1998).
"Reverend Raleigh v. Arch-Angel Ins. Co." (February, 1998) brief of appellee and cross-appellant, 1998 Insurance Coverage Litigation Committee Mid-Winter Meeting .
"Tenders of Defense: How Conflicts of Interest can be Resolved." (February, 1998) 40 For the Defense15.
"Beware Braye." IDC Quarterly 8, No. 2 (1998) (Second Quarter 1998). "Recent Developments in Self-Insurance Law." (Winter, 1998) 33 Tort & Insurance Law Journal 693.
"Self-Insurance: A Survey of Issues." CGL Reporter (9) 760-3 (Fall, 1997). "Workers' Compensation Insurers Must Comply With Constitutional Guarantees." NRRA News (1998) (Third Quarter 1998).
"The Value of a Strong Defense to Corporate Policyholders: A Practical Analysis From The Perspective of the Businesspeople and the General Public." Corporate Legal Times (November, 1997) at 52.
"Insurer Efforts to Limit Reimbursement for Independent Counsel: The Policyholder's Perspective." IDC Quarterly 5, No. 4 (1995) (Fourth Quarter 1995).
"Policyholder Panacea? The Role of Independent Counsel." (June, 1997) 44Risk Management57 .
"Tripartite Ethics: Confidential Communications Among the Insured, the Insurer, and Defense Counsel." The Brief 26, No. 3 (Spring, 1997) at 23.
"imri.com." imri.com (January, 2000) Expert Commentary, also July 2000, February 2001.
Avoiding Commercial Insurance Pitfalls - A Guide for Corporate Counsel and Businesses. Callaghan & Company, 1987.
CGL Reporter - The Insurance Coverage Litigation Handbook. Dallas: International Risk Management Institute, Inc., 1986 - present.


Legal Lectures:  
"Conflicts in the TriPartite Relationship." Illinois Association of Defense Trial Counsel, Chicago, IL, (June, 2008).
"The 'How Many' and 'When' Dilemmas for Professional Liability Insurance." American Bar Association, Litigation Section, Insurance Coverage Midyear Program, (March, 2005).
"What Every Franchise Lawyer Needs to Know About Insurance." American Bar Association, Forum on Franchising, (October, 2002).
"Henkel - Is Successor Liability Insured." American Bar Association, TIPS 13th Annual Insurance Coverage Litigation Midyear Program, (February, 2005).
"Professional Liability Insurance - Who, What, How Many and How Much." 2005 Legal Malpractice & Risk Management Conference, (February, 2005).
"Coverage For Economic Losses: Fact or Fiction." 24th International Risk Management Institute Construction Risk Conference, (November, 2004).
"Reservation of Rights and Conflicts of Interest." Insurance School of Chicago and Illinois Association of Defense Trial Counsel , (November, 2003).
"Additional Insureds and Contractual Indemnity." Mealey's Insurance Coverage Disputes Concerning Construction Defects Seminar, (October, 2003).
"How to Maximize Your Client's Insurance Recovery: Tips for the General Practitioner." American Bar Association Tort Trial and Insurance Practice Fall Leadership Meeting, (October, 2003).
"Insurance: The Devil You Know and the Devil You Don't Know." Section on Dispute Resolution, American Bar Association, (March, 2003).
"Allocation of Defense Costs and Indemnity." 22nd International Risk Management Institute Construction Risk Conference, (November, 2002).
"From 40 to 1: Unified Defense on Wrap Project." Mealey's Wrap Insurance Conference, Las Vegas, NV, (June, 2008).
"Insurance Coverage For Employment-Related Actions." Section of Labor and Employment Law, American Bar Association Annual Meeting, (August, 2001).
"Potential Insurer Defenses to Claim for Coverage: The Policyholder's Perspective." Mealey's Conference on Insurance Coverage for Power Interruption Losses, Pasadena, CA, (June, 2001).
"When Can The Policyholder Control the Defense?" Insurance Coverage Update, Illinois State Bar Association, (April, 2001).
"Life of an Insurance Case." Illinois State Bar Association Law Ed Hot Topics for Your Civil Practice, Chicago, IL, (June, 2008).
"Responding to the Reservation of Rights." 27th Annual Construction Risk Conference, International Risk Management Institute, Inc. Orlando, FL, (November, 2007).
"The Basic Allocation Methodologies." The Insurance & Reinsurance Allocation Party's National Convention, Chicago, IL, (November, 2007).
"TriPartite Relationship and Conflict of Interest between Insured and Insurer." Illinois Association of Defense Trial Counsel Insurance and Construction Symposium, St. Louis, MO, (September, 2007).
"Allocation and Trigger, Dilemma and Doctrine." Defense Research Institute, (April, 2007).
"The Changing Face of Additional Insured Coverage." 25th International Risk Management Institute Construction Risk Conference, (November, 2005).
"Understanding Contractual Liability Coverage." Chicago Bar Association/Young Lawyers Section, (April, 2005).


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