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David J. Buishas is an experienced litigator, with a particular focus on insurance coverage disputes and complex commercial litigation.  He regularly serves as coverage and litigation counsel to domestic and international insurers in matters involving cyber liability, professional liability (including E&O, EPL and D&O), general liability, and excess/umbrella exposures.  He concentrates in briefing and arguing cases at the trial and appellate levels, and has successfully represented his clients in many state and federal courts throughout the country, including California, Colorado, Delaware, Illinois, Massachusetts, Minnesota, Missouri, New York, Ohio, Texas and Wisconsin.

David also represents a wide variety of companies in product liability, railroad liability, construction accidents, contract disputes, and civil rights lawsuits.  For example, David is regional coordinating counsel for a national nonprofit organization that provides behavioral and mental health services within Illinois correctional facilities.  David is also part of a team that serves as regional litigation counsel for a heath care equipment company, a Fortune-100 waste company, a national alarm company, and several short-line railroads. 

Outside the courtroom, David devotes a substantial part of his practice to counseling clients on effective claim management strategies to resolve pre-litigation disputes quickly and efficiently.  Recognizing that his clients face unique legal and business needs, David excels in developing thoughtful, creative and proactive solutions to meet the needs of each individual engagement.

In law school, David was honored as a National Semi-Finalist in the American College of Trial Lawyers National Moot Court Competition, where he was awarded the Best Brief Award. He also received the Judge Robert G. Dowd Sr. Award for Appellate Advocacy.

Publications

Do Unpled Facts Trigger the Duty to Defend?

Minnesota High Court Narrowly Construes Additional Insured Coverage

Representative Matters

Michigan Millers Mut. Ins. Co. v. Westport Insurance Corporation (f/k/a Employers Reins. Corp.), No. 1:14-cv-00151 (W.D. Mich.) Successfully represented reinsurer in a dispute against its cedent regarding the allocation between multiple reinsurance treaties of $14 million in loss and claim expense that the cedent incurred in connection with five underlying lawsuits, including bad faith claims for failure-to-settle.  Issues involved examination of bad faith liability as between umbrella and primary claims handling, as well as protection of reinsurer communications within its in-house legal department.

Waste Management Recycle America, Inc. v. Shawn Lavin, Case No. 10 CH 006665, (Ill. Cir. Ct. 2011), aff'd, No. 2-11-0180 (Ill. App. Ct. 2011) (after a five-day bench trial and subsequent appeal to the Illinois Court of Appeals, established the validity of a covenant not to compete in the employment contract of a former senior level executive of our client)

Successfully resolved series of civil rights lawsuits brought against national nonprofit organization by clients receiving addiction treatment within Illinois correctional facilities.   Issues involved constitutional implications of ensuring that patients received access to secular-based counseling and appropriate accommodations for healthcare needs.

Successfully represented client in five-day binding arbitration regarding claim for reinsurance coverage for hundreds of underlying lawsuits involving significant property damage caused by Hurricane Ike.

In a matter assigned by the United States District Court for the Northern District of Illinois in relation to federal trial bar privileges, represented inmate in 42 U.S.C. § 1983 claims against the Illinois Department of Corrections and several correctional officers.  Defeated summary judgment and obtained settlement at pre-trial conference far exceeding the normal parameters for this type of case.  This plaintiff’s representation, while unusual to our defense-orientated practice, provided further experience and perspective for our inventory of cases defending prison-related entities and medical providers.