Twenty-nine attorneys from Chicago-based Bates Carey Nicolaides LLP have left the firm and have been joined by four attorneys led by former Gordon & Rees LLP partner, Sara Thorpe, to form a new insurance coverage law firm: Nicolaides Fink Thorpe Michaelides Sullivan LLP.

The new firm said that it is among the largest U.S. law firms focused solely on representing the interests of global insurers, and one of the few with a majority of female founding partners.

The firm's founding partners in Chicago are Richard Nicolaides, Jr., Matthew Fink, Barbara Michaelides, and Monica Sullivan. In addition, California founding partner Sara Thorpe will manage offices in both San Francisco and Los Angeles. Former Sedgwick Detert staffer Jena Neisler serves as chief administrative officer.

The firm serves clients' needs in claims advice, litigation and appeals, risk management, and counseling. The firm's lawyers have experience in resolving complex disputes in state and federal trial and appellate courts throughout the country arising under primary and excess property, commercial, and professional liability policies involving a wide range of exposures. For example:

  • The firm's attorneys have been litigating intellectual property infringement and unfair business practice disputes across the country for more than a decade. They have secured determinations that their clients did not have a duty to defend or indemnify such policyholders as Discover Financial Services, the Walgreen Company, and Dish Network in patent infringement litigation under their respective “advertising injury” coverage provisions.
  • Likewise, the firm's attorneys have secured rulings that commercial disparagement allegations cannot trigger “personal and advertising injury” coverage where the alleged disparagement is not directed at the underlying claimant, and determinations that false-advertising, antitrust and price-fixing claims do not trigger a duty to defend under “personal and advertising injury” coverage.
  • The firm's attorneys have addressed coverage issues in the context of terrorism financing lawsuits. They recently prosecuted an appeal before the Ohio Court of Appeals from a declaratory judgment that a liability insurer had a duty to defend Chiquita against tort claims arising from Chiquita's Colombian operations, which allegedly had bankrolled various terrorist groups in the country for decades. The appellate court reversed and entered judgment for the insurer, finding no coverage because Chiquita's conduct was intentional and the injuries had occurred outside the policies' coverage territory.
  • The firm's attorneys represent insurers in construction defect coverage litigation throughout the country, including Vermont, Colorado, and California, involving multi-million-dollar claims under complex owner-controlled insurance programs arising from myriad construction defects at large residential and commercial developments. The cases involve issues including the constitutionality of retroactive statutes, the applicability of bad faith statutes to owner claims, and policy reformation.
  • In the asbestos area, the firm's attorneys have served as lead trial counsel in California state courts representing excess insurers in the uncharted waters of exhaustion of primary insurance, products versus operations, and stacking of limits.
  • In connection with claims arising from violations of privacy, property, and theft of information stemming from cyber intrusions, the firm's attorneys are litigating cases of first impression, such as the one in a New York state court where they represent an insurance company against Sony Corporation. The case involves the issue of whether a commercial general liability policy provides coverage for claims arising out of computer hacking and, in this case, the alleged exposure of the personal information of millions of Sony's PlayStation network customers. The firm also works with insurers to assess related risks, including counseling regarding the underwriting and evaluation of recently developed cyber-liability insurance.

The firm's attorneys handle a variety of insurance-related practice areas, including:

  • appellate;
  • bad faith;
  • Bermuda market;
  • commercial transportation;
  • construction defects;
  • environmental/toxic tort;
  • first-party property;
  • intellectual property;
  • life;
  • managed care and health care;
  • policy drafting and claims management;
  • primary and excess general liability; and
  • professional/management liability.

“Ours is an entirely new breed of law firm that's unlike others in our niche,” said Mr. Nicolaides. “In addition to the specific nature and scope of our experience, our aim is to attract the nation's best insurance lawyers, regardless of geographic location – especially those who share our philosophical approach – and empower and enable their continued success by providing the very best technology platform.”

The firm said that its attorneys represent insurance companies including:

  • AIG;
  • Allied World;
  • Beazely;
  • Endurance;
  • Global Indemnity;
  • Ironshore;
  • Markel;
  • Mitsui Sumitomo Insurance Group;
  • Resolute Management (OneBeacon, London Market, Stonewall, CNA); and
  • RiverStone Claims Management (U.S. Fire, Industrial Indemnity, TIG).

“The demand for experienced insurance coverage counsel is expected to grow, due to the ever-changing landscape of risks and exposures faced by global insurers,” Mr. Nicolaides stated.

More than half of the new firm's attorneys are women, including 11 of its 19 partners. “It's very inspiring to see more and more women seizing opportunities and rising to leadership positions in our field, both in law firms and in the insurance industry,” Ms. Thorpe said. “We are particularly thrilled to be part of a new firm that is focused on insurance industry clients, and to become colleagues with such well-regarded, accomplished litigators, and appellate lawyers,” she added. “This is such a great opportunity to be able to serve our clients from a broad national platform, in an environment where there should be fewer conflicts, yet the same resources, compared to a larger firm.”

“We are very excited to continue to effectively and successfully represent our insurance industry clients with a team of the most talented insurance attorneys from across the country,” said Mr. Nicolaides.

Victoria Spears

Victoria Spears

Victoria Prussen Spears is senior vice president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. A graduate of Sarah Lawrence College and Brooklyn Law School, Ms. Spears was an attorney at a leading New York City law firm before joining Meyerowitz Communications. She may be contacted at [email protected].

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