Robert S. Marshall
Partner

E-mail: rmarshall@batescarey.com
Phone:
(312) 762-3220

Practice Areas:

Insurance Coverage Disputes
Bad Faith Defense
General Commercial Litigation
Counseling and Risk Management
Products Liability
Professional Liability

Robert Marshall practices in the areas of insurance coverage, bad faith defense, commercial litigation and counseling with respect to insurance policy language and insurance regulation. He has been a lead lawyer in several trials, including declaratory judgment actions, products liability and medical malpractice cases and cases involving the enforcement of sureties and guarantees. Before beginning his practice in the United States, he worked for a venture capital firm in Russia and Ukraine and helped form the first reinsurance joint venture in the former Soviet Union. He has significant experience with bad faith defense and professional liability, general liability, commercial auto, excess and umbrella insurance.

His reported decisions include:

  • Sumitomo Marine v. Southern Guaranty, 337 F. Supp. 2d 1339 (N.D. Ga. 2004) (contribution action based on additional insured status created by certificate of insurance).
  • Schaffer v. A.O. Smith Harvestore, 74 F.3d 722 (6th Cir. 1996) (component part manufacturing and design liability).
  • American Simmental Ass’n v. Coregis, 75 F.Supp.2d 1023 (D.Neb. 1999) (advertising injury coverage).
  • Hunter v. Southworth Products Corp., 775 N.E. 2d 238 (Ill. App. 4th Dist. 20022) (exclusivity provision of Worker's Compensation Act).

His publications include:

  • "Bad Faith Litigation : A Practical Guide"
  • “Forum Selection Clauses: The Door May Be Open To Challenging Enforcement”
  • “Insurance Coverage for the Millennium Bug”
  • “Dealing with Insolvencies and Liquidations of Foreign Entities in the Courts of the United States”
  • "The Consequences of Self-Insured Retentions"
  • "Risk Shifting : Additional Insureds, Certificates of Insurance and Contractual Liability"

Mr. Marshall has presented seminars on many topics, including insurance bad faith, additional insureds, litigation involving insolvent companies, property damage coverage and doing business in Russia and Ukraine.

He received a J.D. from the University of Cincinnati College of Law in 1992, where he was the Lead Articles Editor for the University of Cincinnati Law Review, a recipient of academic awards and distinctions, a Fellow of the Arthur Russel Morgan Institute and an Associate Editor of Human Rights Quarterly. He received a B.A. in Religion from Denison University in 1988.

Robert Marshall is licensed to practice in Ohio and Illinois and is admitted to the Federal Trial Bar for the United States District Court, Northern District of Illinois, as well as the Northern District of Ohio, the Southern District of Ohio, the Central District of Illinois, the District of Colorado and the Sixth Circuit Court of Appeals. He served as the Chair of the International Committee of the Tort and Insurance Practice Section of the American Bar Association and remains involved in bar organizations.

Insurance Coverage Litigation - Reinsurance - Commercial Litigation - Insurance Policy and Contract Drafting - Professional Liability Analysis - Claims Counseling and Mediation - Alternative Dispute Resolution


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