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Richard H. Nicolaides, Jr.
Partner
E-mail:
rnicolaides@batescarey.com
Phone:
(312) 762-3210
Practice Areas:
Richard H. Nicolaides, Jr. is a managing partner with Bates & Carey LLP concentrating in insurance coverage consultation and litigation. Richard litigates complex civil disputes in federal and state courts throughout the United States. He has successfully litigated, mediated and arbitrated complex insurance coverage disputes involving the interpretation of a variety of insurance contracts including general liability, excess/umbrella, first-party property, commercial auto and professional liability insurance policies. Richard has represented insurers in coverage disputes arising out of unfair competition, false advertising, patent infringement, employment related practices, business interruption, environmental, and construction defect claims. He has also represented insurers in bad faith and unfair claim handling practice lawsuits.
Recent successful matters include:
The Premcor Refinery Group, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, et al., 2008 WL 2232641 (Del. Super.)
Summary judgment granted in favor of insurer in declaratory judgment action involving issues of first impression under Delaware law with respect to scope and limits of coverage available to an addiontal insured.
Discover Financial Services LLC v. National Union Fire Ins. Company of Pittsburgh, PA 527 F.Supp.2d 806 (ND Il. 2007)
Summary judgment granted in favor of insurer in declaratory judgment action involving the scope of advertising injury coverage in the context of underlying patent infringement claims asserted against the insured.
Great American Insurance Co., et al. v. Riso, Inc., 479 F.3d 158 (1st Cir. 2007)
Summary judgment granted in favor of insurer in a declaratory judgment action involving an issue of first impression under Massachusetts law (claims of antitrust violations against insured, including disparagement allegations, did not potentially trigger personal injury coverage such that a defense obligation was owed where disparaging conduct was not directed at the underlying claimant).
Mitsui Sumitomo Insurance Company of America v. Southern Guaranty Insurance Co., et al., No. 02-CV-0584; 337 F.Supp.2d 1339 (N.D. Ga. 2005)
Prosecuted action for contribution under Georgia law against non-contributing insurers of residential housing developer (additional insured) for reimbursement of amounts paid to defend and indemnify property damage and nuisance claims; summary judgment entered in favor of client.
Liberty Mutual Ins. Co. v. American Home Ins. Co. No. 02 C 4314; 348 F.Supp.2d 940 (N.D. Ill. 2004)
Summary judgment granted in favor of client in case involving an issue of first impression under Illinois law (duty owed by excess insurer to upper layer excess insurer with respect to the reasonable negotiation of settlement of underlying personal injury lawsuit).
Fireman’s Fund Insurance Co. v. CNA Insurance Company, et al., No. SO497-00RcC; 862 A.2d 251 (Supreme Ct. of Vermont 2004)
Represented commercial excess umbrella insurer in dispute with primary insurer involving the determination of the priority of coverage under Vermont law; summary judgment obtained in favor of client.
Castle & Cook Resorts v. G. W. Murphy, et al., No. 01-1-0295(1) (Cir. Ct. Hawaii, 2003)
Summary judgment granted in favor of insurer in case of first impression under Hawaii law on the application of the “incorporation doctrine” for alleged property damage arising from faulty workmanship as to the installation of a fire sprinkler system in a luxury hotel.
Richard frequently lectures on a wide variety of insurance coverage topics including commercial general liability and commercial excess umbrella issues and trends. In addition, he has been asked by The Defense Research Institute, Lorman Education, and the American Education Institute to lecture and author course-work materials on various insurance coverage topics. Richard has traveled to Tokyo, Japan on numerous occasions to provide insurance coverage seminars to insurers and brokers, as well as to members of the Non-Life Insurance Institute at the General Insurance Association of Japan where he discussed the status of U.S. tort reform and the implications on insurance risks within the U.S. market. He was a featured speaker at the 2007 Society of Claim Law Associates Conference.
Richard was selected in 2002 as one of the "40 Illinois Attorneys Under Forty to Watch" by the Law Bulletin Publishing Company.
He received a J.D. from Chicago Kent College of Law in 1991 and a B.A., Public Policy Studies from Duke University in 1986. Richard is admitted to the Illinois Bar and the United States District Court for the Northern District of Illinois. He is a member of the American Bar Association, Defense Research Institute, Federation of Defense & Corporate Counsel, Midwest U.S.-Japan Association, and Japan American Society of Chicago.
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