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   3Michael M. MarickChicago(312) 704-3660mmarick@hinshawlaw.commmarick@hinshawlaw.comHinshaw & Culbertson LLPwww.hinshawlaw.comwww.hinshawlaw.commarickmichael.jpgInsurance, Insurance Coverage & Reinsurance LawCommercialInsurance Coverage CounselingLitigationProfessional LiabilityTraditional Litigation and ADR
Michael M. Marickmmarick@hinshawlaw.com
Hinshaw & Culbertson LLPhttp://www.hinshawlaw.com
222 N LaSalle St Ste 300
Chicago IL 60601-1081
Ph.(312) 704-3660 Fx.(312) 704-3001
Recommended by peers in:    Extensive Experience in:
Insurance, Insurance Coverage & Reinsurance Law    Commercial
    Insurance Coverage Counseling
    Litigation
    Professional Liability
    Traditional Litigation and ADR
Advisory Board Member
County:  Cook
Litigator:  Yes

Practice Description:  
For 30 years, Mr. Marick has represented insurers across the country in disputes with their policyholders over insurance coverage -- at the claims stage, in trial courts, and on appeal. He has successfully represented insurers on a broad range of coverage issues arising under all types of primary and excess, general, professional and liability policies, as well as treaty and facultative reinsurance contracts, including related claims handling and "bad faith" lawsuits. He has served as national coverage counsel to several major property and casualty insurers in its mass tort and environmental coverage cases. He has been lead counsel for insurers in particularly significant mass tort coverage litigation (asbestos, silica, breast implants, pharmaceutical products, medical devices), environmental coverage suits, disputes between excess and primary insurers, policy rescission actions and high stakes disputes over the insurer's right to appoint defense counsel. Mr. Marick drafts policy language, has administered claims programs, and has been retained as a consultant and expert witness on insurance issues. He serves on the firm's Executive and Management Committees.


Bar Admissions:  
Illinois
Arizona
Florida
United States Supreme Court
United States Courts of Appeals (Third, Fifth, Sixth, Seventh, Tenth, Eleventh Circuits)
United States District Court for the Northern District of Illinois


Year of Birth:  1957

Law School:  Chicago-Kent College of Law, Illinois Institute of Technology, J.D., 1982
Law School Honors/Involvement:  With honors


Undergraduate School:  Denison University, B.A., 1979


Bar/Professional Association Involvement:  
  • Defense Research Institute
    • Insurance Law Committee
      • Vice Chair, 2010-present
    • Steering Committee, 2009-present
  • IIT Chicago-Kent College of Law
    • Adjunct professor, 1987-1998
    • Alumni Association
      • President, 1994-1995
    • Board of Directors, 1989-1999
    • Board of Overseers, 1993-1995; 2006-present
  • Federal Bar Association
    • Chicago Chapter
    • Board of Directors, 2009-2010
  • American Bar Association
    • Litigation Section
      • Insurance Coverage Litigation Committee
        • Annual Meeting Chair, 1994
        • Membership Chair, 1991-1996
  • Illinois State Bar Association
    • Insurance Law Section Council, 1990-1997
      • Chair, 1995-1996
    • The Policy
      • Co-editor, 1992-1996
    • Assembly Delegate, 1993-1996
  • International Association of Defense Trial Counsel


Awards; Honors; Distinctions:
      • Professional Achievement Award, IIT Chicago-Kent College of Law, 2008
      • Distinguished Service Award, IIT Chicago-Kent College of Law, 1996
      • Listed, Best Lawyers in America, Insurance Law
      • "World's Leading Insurance and Reinsurance Lawyers," Euromoney Legal Media Group
      • Martindale & Hubbell AV® Peer Review Rating
      • Illinois Super Lawyer®
      • Leading Lawyers Member selected by peers in the area of Insurance, Insurance Coverage & Reinsurance Law


Community Involvement:  
  • Yale University Campaign For Tomorrow
    • Parents Annual Fund Committee


Published Legal Writing:  
  • Chapter 11: "Excess Insurance," Illinois Insurance Law, Illinois Institute for Continuing Legal Education, 2012
  • Chapter 14: "Initiating Insurance Coverage Litigation," New Appleman Insurance Law Practice Guide, 14-1, 2010
  • Chapter 18: "Determining Whether to File Pre-Discovery Motions," New Appleman Insurance Law Practice Guide, 18-1, 2010
  • "A Fifty-State Survey of Duty to Defend Issues," Insurance Coverage and Claims Institute: Insurance 101 - A Young Lawyer's Guide to the Fundamentals, Defense Research Institute, 2008
  • "An Insurer's Right to Recoup Non-Covered Defense Costs and Indemnity Payments," New Appleman on Insurance: Current Critical Issues in Insurance Law 1, 2007
  • "The Insurer's Contract 'Right' to Defend-the 'Tripartite' Relationship Reconsidered," 39 Tort Trial & Insurance Practice Law Journal, 1119, 2004
  • Chapter 19: "Excess Insurance," Commercial and Professional Liability Insurance, 2002 Illinois Institute for Continuing Legal Education 19-1; IICLE 2002, 2005, 2007, 2009 supplements
  • "Professional Liability Insurance," (co-author), 2001 Supplement, Suing and Defending Professionals in Illinois, Illinois Institute of Continuing Legal Education
  • "Professional Liability Insurance," Suing and Defending Professionals, 1,1997 Illinois Institute for Continuing Legal Education, IICLE 1997
  • "Making Sense of the Contra Proferentem Approach to Insurance Policy Construction," CGL Reporter (5)195-1, IRMI 1993
  • "Untangling the Web of Confusion Surrounding Insurance Contract Construction," 3 IDC ii 1993
  • "Making Sense of the Contra Proferentem Approach to Insurance Policy Construction," 5 CGL Reporter 1993
  • "Federal Courts' Reach Expanding in Insurance Cases," Chicago Daily Law Bulletin, May 29, 1992
  • "Excess, Surplus Lines and Reinsurance: Recent Developments," (lead author and coordinating editor of annual survey) 26 Tort & Insurance Law Journal 231, 1991
  • Chapter 1: "Professional Liability Insurance," Professional Liability, Illinois Institute for Continuing Legal Education, IICLE 1990
  • "Excess Insurance: An Overview of General Principles and Current Issues," 24 Tort & Insurance Law Journal 715, 1989
  • "1987-1988 Illinois Law Survey: `Insurance Law,'" 20 Loyola University Chicago Law Journal 481, 1989
  • "Beyond Bad Faith: Expanding Theories of Extra-Contractual Recovery from Carriers," presented at Section of Litigation's ABA National Institute on Current Developments in Corporate Insurance Law, New York, New York, September 8, 1986
  • "The Bad Faith Case Litigation Techniques and Strategies From the Defense Perspective," 380 Practising Law Institute (PLI) 99, 1986
  • "Primary and Excess Coverage Disputes," 380 PLI 291, 1986
  • Chapter 3: "Comprehensive General Liability, Professional and Excess Coverage," Attorney's Guide To Liability Insurance, Illinois Institute for Continuing Legal Education, IICLE 1985
  • "Insurance Coverage for Antitrust and Business Torts, Employment Related Cases and Civil RICO Actions," presented at the CGL Reporter Seminar, San Francisco, California, April 24, 1985


Legal Lectures:  
  • "Beyond the Hudson River: Top Ten Practice Tips for Handling Coverage Issues Nationally," the Defense Research Institute's Insurance Coverage and Practice Symposium, December 15, 2011
  • "Five Current Third-Party Coverage Controversies," Defense Research Institute (DRI), Insurance Coverage and Claims Institute, Chicago, Illinois, April 14, 2010
  • "Evaluating The Excess Carrier's Rights and Obligations," Illinois Association of Defense Trial Counsel and Illinois Insurance Association Claim and Defense Tactics Symposium, Oak Brook, Illinois, March 25, 2010
  • "Social Networking for Attorneys: Keeping Up with Cyber Trends to Maintain Profitability While Avoiding Ethical Pitfalls," and panel discussion on alternative fee arrangements, Defense Research Institute (DRI) Best Practices for Law Firm Profitability, New York, New York, December 4, 2009
  • Program chair and presenter, "Managing Defense Costs In The Large Exposure Case," Insurance Coverage and Claims Institute, Defense Research Institute (DRI), Chicago, Illinois, April 1-3, 2009
  • "Managing the Costs of Defending an Insured," PLRB/LIRB 2008 Claims Conference, Boston, Massachusetts, April 13 - 16, 2008
  • Commercial Line Program chair and moderator, Insurance Coverage and Claims Institute, Defense Research Institute, Chicago, Illinois, April 9-11, 2008
  • "An Insurer's Right To Recoup Non-Covered Defense Costs And Indemnity Payments," LexisNexis Webinar, March 13, 2008
  • "An Insurer's Right to Recoup Non-Covered Defense Costs and Indemnity Payments," Mealey's New Appleman's Insurance Coverage Teleconference, July 12, 2007
  • "Duty to Defend Partially Covered Claims," PLRB/LIRB 2007 Claims Conference & Insurance Services Expo, Orlando, Florida, March 18 - 21, 2007
  • "Insurance Law - The Recent, Significant Decisions," Legal Malpractice & Risk Management Conference, BNA Association of Professional Responsibility Lawyers, Chicago, Illinois, March 5, 2007
  • "The Insurer's Duties and Strategies as to Partially Covered Claims," Defense Research Institute (DRI) Insurance Coverage and Claims Institute, Chicago, Illinois, May 5, 2006
  • "The Ethical Issues Confronting Insurers, Policyholders and Counsel Involved in the Tripartite Relationship," Defense Research Institute (DRI) Insurance Coverage and Claims Institute, Chicago, Illinois, April 15, 2004
  • "The Insurer's Contract `Right' to Defend - The `Tripartite? Relationship Reconsidered," ABA Section of Litigation Insurance Coverage Litigation Committee Mid-Year Meeting, Tucson, Arizona, March 5, 2004
  • "What's Privity Got to Do With It? The Relationship and Disputes between Primary and Excess Insurers," Defense Research Institute (DRI) Insurance Coverage and Claims Institute, Chicago Illinois, May 15, 2003
  • "How to Read an Insurance Policy," Young Lawyers Section Insurance Committee Seminar, Chicago Bar Association, February 1, 2000
  • "Coverage for Year 2000 Claims Under Comprehensive General Liability Policies," Defense Research Institute (DRI) Seminar, Boston, Massachusetts, November 5, 1999
  • "Other Insurance Clauses and Coordination of Coverage Issues," Glasser Legal Works Seminar, Chicago, Illinois, October 14, 1999
  • "Old Wine in New Bottles - the Emerging Complex, Poorly Balanced and Sometimes Foul Tasting Blend of Duty to Defend, Estoppel and Waiver Principles," Insurance Environmental Litigation Association (IELA) Seminar, Chicago, Illinois, June 11, 1999
  • "The Underwriting of Employment Practices Liability Insurance," Professional Liability Underwriting Society (PLUS) Seminar, Chicago, Illinois, April 20, 1999
  • "Procedural Issues and Strategies for Insurance Coverage Litigation," Young Lawyers Division Insurance Committee Seminar, Chicago Bar Association, February 5, 1999
  • "Prepare to Win: Effective Discovery and Early Summary Judgment from the Insurer's Perspective," Young Lawyers Section Insurance Committee Seminar, Chicago Bar Association, February 17, 1997
  • Panelist, "Limits of Your Retention vs. The Duty to Represent Your Client," 'Who is the Client?' Symposium, Illinois Association of Defense Trial Counsel, Chicago, Illinois, January 24, 1997
  • "First-Party Bad Faith Issues and Strategies," Illinois State Bar Association Law Ed Seminar, Bloomington, Illinois and Chicago, Illinois, April 29 and May 6, 1996
  • "The Top Ten Insurance Coverage Issues For 1996," Young Lawyers Section Insurance Committee Seminar, Chicago Bar Association, Chicago, Illinois, February 21, 1996
  • "Protecting Yourself (and ISBA Mutual) in `Peppers' Conflict of Interest Situations," Illinois State Bar Association Mutual Insurance Company Defense Counsel Seminar, Chicago, Illinois, May 20, 1994
  • Program co-chair and moderator, Annual Midyear Meeting of ABA Section of Litigation Insurance Coverage Litigation Committee, Tucson, Arizona, March 10 - 12, 1994
  • Panel Coordinator and Moderator, "What Do You Mean There Is No Insurance Coverage? Problems for Insureds, Insurers and Their Lawyers," Hot Topics in Corporate Litigation, ABA National Institute, Chicago, Illinois
  • "An Overview of the Insurance Litigation Process," Young Lawyers Section Insurance Committee Seminar, Chicago Bar Association, Chicago, Illinois, February 26, 1993
  • "Insurance Coverage Litigation Strategy," Young Lawyers Section Insurance Committee Seminar, Chicago Bar Association, Chicago, Illinois, October 10, 1992
  • "Procedural Issues and Strategies for Insurance Coverage Litigation," Illinois State Bar Association Law Ed insurance law seminar, Chicago, Illinois, September 10, 1992
  • Planning Chair and Program Moderator, "Significant Insurance Issues for the 1990's," Illinois State Bar Association Annual Meeting, Lake Geneva, Wisconsin, June 26, 1992
  • "Excess and Umbrella Liability Insurance," Illinois State Bar Association Law Ed Insurance Law Seminar, Chicago, Illinois, March 19, 1992
  • "Excess and Umbrella Liability Insurance," Chicago Bar Association Young Lawyers Section Insurance Committee Seminar, Chicago, Illinois, February 13, 1992
  • "Insurance Coverage Litigation Strategy," Young Lawyers Section Insurance Committee Seminar, Chicago Bar Association, Chicago, Illinois, February 9, 1992
  • "Excess and Umbrella Liability Insurance," Illinois State Bar Association, Law Ed Insurance Law Seminar, Chicago, Illinois, March 14, 1991
  • "Representing the Excess Insurer in Litigation," Chicago Bar Association Young Lawyers Division Insurance Committee Seminar, Chicago, Illinois, March 7, 1991
  • "Handling an Insurance Coverage Dispute: The Excess Insurer's Perspective," Chicago Bar Association Young Lawyers Division Insurance Committee Seminar, Chicago, Illinois, March 20, 1990
  • "Current Issues in Excess Insurance," Chicago Bar Association Young Lawyers Division Insurance Committee Seminar, Chicago, Illinois, December 8, 1989
  • "Excess Insurance," Illinois Institute for Continuing Legal Education, Springfield and Chicago, Illinois, January 24 - 27, 1989
  • "Bad Faith and Punitive Damages Litigation," Law & Business, Inc., Harcourt, Brace, Jovanovich, Inc., New Orleans, Louisiana, June 12 - 13, 1986
  • "The Underinsured Motorist Carrier's Right to Subrogation in Illinois, Chicago Bar Association Insurance Committee, Chicago, Illinois, February 1, 1984
  • Moderator, "Litigation Update," materials presented in conjunction with seminar, "The Impact of Liability Insurance on the Trial a Lawsuit," Illinois Institute for Continuing Legal Education, Chicago, Illinois and Springfield, Illinois


Firm Description:  
At Hinshaw, we value long-term client relationships. That's why we make it a priority to help contribute to our clients' success, whether that means solving a problem or helping to achieve their goal. We like to think that we are more than just our clients' "lawyers." We feel we are on the same journey with our clients - to grow their business into a sustainable institution. Sometimes this requires next generation solutions; in other words, a little creativity applied to legal issues or problems. Other times, it requires just purely practical thinking. We do both. Whatever the matter, our advice and counsel are tailored to our clients, which can only come from a strong partnership and deep understanding of their business and objectives.


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