Legal Secretary: Laura M. Antonion E-mail: lantonion@batescarey.com Phone: (312) 762-3132

Robert J. Bates, Jr.
Partner

E-mail: rbates@batescarey.com
Phone: (312) 762-3131

Practice Areas:

Robert J. Bates, Jr. is a founding partner of Bates & Carey LLP. His practice focuses on litigating cases in the areas of insurance coverage and reinsurance. He also has tried cases in such diverse areas as antitrust, eminent domain, medical malpractice and stock valuation. He serves as national or regional coverage counsel for several national and international insurance companies in the area of environmental and toxic tort claims, as well as reinsurance matters.

He has been one of the lead trial lawyers in several major insurance coverage actions including:

• Diamond Shamrock v. Aetna (Morris County, N.J.). The trial court found no coverage for dioxin contamination at Diamond’s Newark plant based on intentional and knowing polluting activities. The appellate court affirmed this ruling on appeal and further found that there was no coverage for Diamond’s $23 million Agent Orange settlement based on the application of the war risk exclusion.
   
• Celotex v. AIU Insurance Co. (Bankr. M.D. Fla.). Several-month trial resulting in a ruling of no coverage for asbestos claims against Celotex.
   
• Goodyear v. Aetna (Summit County, OH). Environmental coverage action resulting in a judgment for the insurers after several weeks of trial.

He has also handled reinsurance arbitrations and mediations and regularly speaks before lawyer and insurance industry groups across the country.

His significant decisions include:

• Williams v. Humana Health Plan, Inc., 957 F. Supp. 1029 (N.D. Ill. 1997) (granting summary judgment in favor of insurer on ground that plan excludes particular cancer treatment procedure and holding that insurer has no responsibility to notify employee regarding termination of one group plan and switch to another)
   
• Celotex Corp. v. AIU Ins. Co., 216 B.R. 867 (Bankr. M.D. Fla. 1997) (granting judgment as to asbestos bodily injury and asbestos building claims on late notice grounds following trial)
   
• Celotex Corp. v. AIU Ins. Co., 196 B.R. 611 (Bankr. M.D. Fla. 1996) (granting summary judgment as to asbestos bodily injury claims on late notice grounds)
   
• Bituminous Cas. Corp. v. St. Clair Lime Co., 69 F.3d 547 (10th Cir. 1995) (absolute pollution exclusion barred coverage for claims arising out of workplace exposure to toxic substances)
   
• Floyd’s Sales & Serv. Inc. v. Universal Underwriters Ins. Co., 910 F. Supp. 464 (D. Neb. 1995) (summary judgment entered in favor of insurer on grounds that term “damages” as used in the policies’ insuring clause did not include insured’s liability for CERCLA response costs)
   
• Highlands v. Lewis Rail Serv. Co., 10 F.3d 1247 (7^th Cir. 1993) (affirming summary judgment in favor of insurer on notice grounds)
   
• Loyola University of Chicago v. Humana Ins. Co., 996 F.2d 895 (7^th Cir. 1992) (affirming group health insurer’s denial of benefits for use of artificial heart)
   
•  Fuller v. CBT Corp., 962 F.2d 10 (7^th Cir. 1992) (affirming summary judgment in favor of employee health plan for allegedly violating uniformity provision of plan by refusing to extend dependent health benefits six months after termination of employee)
   
• Liberty Mutual Ins. Co. v. Triangle Indus. Inc., 765 F. Supp. 881 (N.D.W. Va. 1991), aff’d, 957 F.2d 1153 (4^th Cir. 1992), cert. denied, 506 U.S. 284 (1992) (summary judgment in favor of insurer on grounds of pollution exclusion and no “occurrences” within meaning of policies)
   
• Diamond Shamrock Chems. Co. v. Aetna Ca. & Sur. Co., 609 A.2d 440 (N.J. Super. App. Div.1992) (affirming jury verdict of no coverage for dioxin contamination and applying war risk exclusion to bar coverage for servicemen’s Agent Orange claim settlement), cert. denied, 634 A.2d 528 (N.J. 1993)

His publications include:

• "Year 2000 Insurance Recovery, the ‘Sue and Labor’ Clause And Similar Preservation Provisions," 1 Mealey’s Year 2000 Report, No. 11 (Dec. 1998) (co-author)
   
• "Environmental Coverage: Law and Litigation," Liability Insurance (Ill. Inst. for CLE, 1996, 1998 Supp.) (co-author)
   
• "Absolute Pollution Exclusion: So Far, So Good," 58 Defense Counsel Journal (April 1991)
   
• "Significant Insurance Coverage Issues of the 1980’s," LIII Insurance Counsel Journal (April 1986) (co-author)

He has been recognized by clients and fellow lawyers as:

• Best Lawyers in America 2006, 2007, 2008, 2009, and 2010 in the specialty of Insurance Law.

• The International Who’s Who of Insurance & Reinsurance Lawyers 2003, 2004, 2005, 2006, 2007, 2008, 2009, and 2010 as one of the leading insurance and reinsurance lawyers from 23 countries around the world.

• Illinois Super Lawyers 2004, 2005, 2006, 2007, 2008, 2009, and 2010 in the category of insurance coverage.

• Top 100 Lawyers in Illinois (2007, 2008, and 2009 Illinois Super Lawyers).

• Chicago's Best Lawyers 2010 in the category of insurance law.

• Chambers USA 2003, 2004, 2005, 2006, 2007, 2008, and 2009 as one of America’s Leading Lawyers for Business in the category of insurance and reinsurance litigation.

He received a J.D. cum laude from Northwestern University School of Law in 1978; a M.A. in Economics from the University of Illinois in 1975; and a B.A. in Political Science from the University of Illinois in 1973.

He is admitted to the Illinois bar, the trial bar of the United States District Court for the Northern District of Illinois, and the bars of the United States Courts of Appeals for the Second, Third, Fourth, Seventh, Tenth, and Eleventh Circuits. He is an active member of several bar and industry associations, including the American Bar Association, The Defense Research Institute, ARIAS-U.S., the Federation of Defense & Corporate Counsel, Illinois Association of Defense Trial Counsel and International Insurance Law Society.