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3Shaun McParland BaldwinChicago(312) 627-4000sbaldwin@tresslerllp.comsbaldwin@tresslerllp.comTressler LLPwww.tresslerllp.comwww.tresslerllp.combaldwinshaun.jpgInsurance, Insurance Coverage & Reinsurance LawInsurance LitigationInsurance ConsultingBad FaithReinsurance | | Selected by peers as a Leading Lawyer in: | Extensive Experience in: | | Insurance, Insurance Coverage & Reinsurance Law | Insurance Litigation | | Insurance Consulting | | Bad Faith | | Reinsurance | | | Advisory Board Member | | County: Cook | Litigator: Yes
| Practice Description: Ms. Baldwin concentrates her practice in the areas of insurance coverage, bad faith, reinsurance and other insurance-related services involving commercial liability, professional liability, and excess and surplus policies, among many others. She has litigated complex questions of insurance law in state and federal courts throughout the country and has served as national coverage counsel for several clients. She also assists her clients in claims management through coverage, liability and damages assessments, monitoring losses and litigation, inputting on settlement options as well as opportunities for global resolution. These skills have been particularly valuable in matters involving complex commercial disputes, intellectual property claims and class action suits. She has also served as a binding arbitrator for insurance related disputes, including inter-carrier claims. Her appellate practice has spanned two decades and has involved over 60 appeals. She is a frequent lecturer on insurance coverage law and has authored numerous articles.
Bar Admissions: : Illinois, 1980 Seventh Circuit Court of Appeals, 1981 U.S. District Courts for the Northern and Central Districts of Illinois and Eastern District of Wisconsin
Hourly Rate: $251-$300/hour
Retainer: Varies by case.
Date of Birth: 1954
Law School: The John Marshall School of Law,J.D. Law School Honors/Involvement: Graduate With Distinction; Order of John Marshall; Executive Editor of Law Review; National Moot Court Team: Labor Law
Undergraduate School: Northern Illinois University
Representative Clients: Liberty Mutual Insurance Company
Royal & SunAlliance
The Hartford
Nationwide Insurance Company
Allstate Insurance Company
Travelers Insurance Company
Scottsdale Insurance Company
Kemper Insurance Companies
RLI; OneBeacon Insurance Company
Royal Specialty Underwriting, Inc.
Amerisure Insurance Company
Philadelphia Insurance Company
Employment History: Partner, Tressler LLP, 1987- present
Associate, Tressler LLP, 1986
Associate, McKenna, Storer, Rowe, White & Farrug, 1980-86
Bar/Professional Association Involvement: International Association of Defense Counsel (past chair of Casualty Insurance Committee, Membership Committee, and General Convention Committee); Defense Research Institute (past chair, Insurance Law Committee)
Appellate Lawyers Association (director, 1987-1989)
Illinois Association of Defense Trial Counsel (director, 1991-1996; chair, Amicus Committee, 1986-1992)
Professional Liability Underwriting Society; Illinois State and American Bar Associations
Published Legal Writing:
"The Business Risk Exclusions" Published in Problem Issues In CGL, The National Underwriter Company (2001)
"Definitions Of Key Terms In The Commercial General Liability Policy" - IICLE on Commercial and Professional Liability Insurance, October 2001
"Cyberspace Liability: The Use And Abuse Of The World Wide Web" - IDC Quarterly, First Quarter, 2000
"Establishing the Priority of Coverage Among Primary Policies That Cover The Same Loss: The 'Other Insurance' Clause Revisited," DRI Special Publication, Understanding Allocation (1999) (co-author Dawn Midkiff)
"Loy Agreements" published in Excess and Surplus Lines Claims Association Magazine (Winter, 1996-97)
"Reinsurance of Declaratory Judgment Action Expenses in Environmental Coverage Actions: Arguments and Case Law" -Federation of Insurance & Corporate Counsel, Fall, 1996
"Malpractice Claims By Primary And Excess Insurers Against Insurer-Retained Defense Counsel: Is The Honeymoon Over?" -IADC Journal, January 1995
"Legal And Ethical Considerations For 'Defense Within Limits' Policies" -Defense Counsel Journal, January 1994
"Primary and Excess Relationships: Examining the Evolving Duties," The Rights and Duties of Primary and Excess Insurance Carriers, 5 Defense Research Institute 1 (Monograph, 1993), also presented at DRI Third Party Liability Seminar (March 1995) (Co-author with Dawn Midkiff)
"Apportioning Indemnity and Defense Costs: The 'Other Insurance' Clause and Other Theories of Allocation," 4 Selected Issues in Insurance Coverage and Practice 46, Defense Research Institute (1990 updated for DRI Seminars in 1994 and 1995, 1998) (Co-author with Dawn Midkiff)
Legal Lectures:
"Coverage For Sexual Torts," DRI Sexual Torts Seminar, 2003
"CGL Coverage B: The Scope and Limits of Personal and Advertising Injury Liability Coverage," presented at the DRI Insurance Coverage and Claims Institute Seminar, May 15-16, 2003 and at the PRLB April, 2003
"The 2001 Revisions to the ISO Commercial General Liability Coverage Form," DRI Insurance Coverage and Practice seminar, December 5 - 6, 2002 and at the PLRB, April, 2003
"Anti-trust, Intellectual Property Claims, and Unfair Business Practices: Are They Covered under the Personal and Advertising Injury Liability Coverage," DRI Insurance Coverage and Claims Institute seminar, May 16 - 17, 2002
"Contribution Claims By and Between Insurers, The "Other Insurance" Clause and Other Theories of Allocation," DRI Claims Supervisors Seminar, 2001; and 1999; PLRB, 2000
"Is there Coverage for Year 2000 Problems under First Party Property Policies?" presented at Mealeys Year 2000 Seminar (May 1998) (Co-author Dawn Midkiff)
"The Suit Limitation Provision: Is it Enforceable?" presented at DRI First Party Property Seminar (1998)
"How to Challenge and Defend Bad Faith Claims Under Retrospectively Rated Insurance Policies" presented at DRI Extra Contractual Liability Seminar (1997) (Co-author Daniel J. Cunningham)
"Ethical Issues in the Handling, Investigation, Defense of Liability and Coverage Claims," (March 1997) presented at Nationwide Insurance Corp. Seminar, Hilton Head, S.C. (Co-author Michael J. Duffy)
"Waiver and Estoppel Arising from Assuming the Insured's Defense Without an Adequate Reservation of Rights," (Co-author Dale Kurth) presented at IADC Continuing Legal Education Program (1997)
"Insurer's Obligation to Pay for Cumis Counsel in Construction Defect Case," (1997) for presentation at IADC Continuing Legal Education Program
"Unfair Business Practices Claims: Are They Covered Under Your General Liability Policy?" - Presented at DRI Seminar, June 24-25, 1997
"Sick Building Syndrome and Beyond: An Analysis of Liability and Insurance Related Issues" presented at PLRB Conference (April 1996)
"Drop Down Issues: Excess Carriers -Obligations to Drop Down in Place of Insolvent Primary Carriers and the Use of Loy Agreements," for presentation at DRI Excess & Reinsurance Seminar (November, 1996)
"Allocation and Limits Problems in Multi-Year Loss Settlements" (June, 1995) for presentation at IADC Continuing Legal Education Program on Reinsurance (Co-author with Michael J. Duffy)
"An Overview Basic Environmental Coverage Issues" - MECA, October 1993
Firm Description:
Tressler LLP is a mid-sized law firm with more than 120 attorneys involved in diverse litigation and business law, with extensive insurance consulting services. The Tressler firm is committed to providing its clients with high quality legal representation that is responsive to its clients' needs, as well as efficient and cost effective. The firm has offices in Chicago, Los Angeles, Costa Mesa, Newark, New York City, Lincolnshire and Wheaton.
The Tressler firm is committed to diversity, with not only a high percentage of women attorneys, but also a cultural and ethnic diversity among its attorneys and staff. A number of the Tressler attorneys hold advanced business and professional degrees in areas other than the law, including medicine, business, accounting, engineering and the sciences. Several of its attorneys have had extensive in-house experience as corporate counsel. The Tressler LLP firm is very sensitive to the management and cost issues involved in litigation and counseling. It has acted as national counsel on numerous occasions, coordinating, monitoring, and supervising litigation and providing insurance-related legal services throughout the United States.
Practice Group Description:
Insurance Coverage Services and Litigation:
The attorneys in Tressler LLP's Insurance Services' Practice Group specialize in assisting clients in policy interpretation and coverage analysis for a wide range of liability and first party coverages. Our attorneys have litigated complex questions of insurance law in state and federal courts throughout the country in declaratory judgment and garnishment proceedings, bad faith suits, anti-trust actions, class action litigation and bankruptcy proceedings. While understanding that litigation may be required, our attorneys are also dedicated to finding the best solution for our clients, whether through litigation, alternative dispute resolution or creative business solutions.
Our coverage practice includes:
All Personal Lines
All Commercial Lines
Computer & Technology
Directors' and Officers'
Educational and Religious Institutions
Employers Liability and Workers' Compensation
Errors and Omissions
Excess and Surplus Lines
Fidelity and Surety
Fiduciary Liability Insurance
First Party Property
Hospital Liability
Intellectual Property
Internet Liability
Life, Health & Disability
Manufacturers & Contractors
Media Policies
Municipal Liability
Professional Liability
Reinsurance
Specialty Lines
Among the cutting edge issues we have recently addressed are coverage for Internet liability, consumer fraud, anti-trust and a variety of intellectual property claims and unfair business practices under CGL policies and various media and intellectual property policies; sexual abuse, discrimination and employment-related claims under CGL and Employment Practices Liability Insurance; mold claims under CGL and first party property policies; racial profiling cases under municipal liability policies; UM/UIM claims involving catastrophic injuries and related bad faith suits; professional liability coverage issues involving breast implants and medical devices; toxic tort and environmental claims under CGL and environmental impairment policies; sexual abuse claims under professional liability, law enforcement liability and Educational and Religious Institutions Coverage; retrospective premium disputes under CGL, business auto, employment liability and workers compensation policies; allocation of asbestos settlements under reinsurance treaties; Directors and Officers liability and the impact of commerce issues, privacy issues, and laws such as the Federal Terrorism Risk Insurance Act of 2002, HIPAA, GLBA, UETA, E-sign and the Sarbanes Oxley Act.
Insurance Underwriting, Regulatory Filings, Claims Counseling, Training and Claims Auditing:
The services we offer to insurance-related businesses include policy drafting, conducting form and rate filings, addressing regulatory issues, product development, risk analysis, risk management and training and educational seminars on risk exposures, claims management, "good faith" claims handling and policy interpretation. We regularly assist our clients in claims management through troubleshooting on coverage, liability and damages assessments, monitoring losses and litigation, inputting on settlement opportunities and global resolution, and acting as national and regional coordinating counsel for claims handling and coverage positions. We also offer a claims audit program which is designed to maximize an insurance company's profitability, increase its productivity, improve its loss ratio, decrease its expense ratio, and enhance its customer services.
Reinsurance:
Tressler LLP's Reinsurance team represents clients in both ceded and assumed reinsurance claims. Our attorneys are experienced in reinsurance arbitration and litigation. We have also drafted reinsurance treaties and certificates, performed claim reviews and audits, and assisted carriers in reinsurance/retrocession recovery actions. Members of our firm have served as reinsurance arbitrators and umpires.
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