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Mark Deptula litigates and advises insurers regarding complex insurance, reinsurance and business disputes before courts and tribunals across the country. He has represented and advised insurers in complex first and third party coverage disputes including construction defect, aviation, pollution, property damage, product liability, asbestos and health hazard matters as well as high-exposure extracontractual and bad faith claims. Mark has also advised life insurers regarding coverage issues including potentially disputed claims based on the insured's misrepresentations in the application for life insurance. From 2008 through 2014, Mark was recognized as an “Illinois Rising Star” by Super Lawyers magazine.

Representative Matters

Lead counsel in a successful confidential reinsurance arbitration on behalf of a London insurer, which resulted in the full recovery of amounts claimed due from a European reinsurer for asbestos, property and casualty losses, including an award of pre-hearing security, which was used to promptly satisfy the panel's unanimous award

Lead counsel in a successful confidential reinsurance arbitration on behalf of a London casualty insurer and recovered under a reinsurance assumption agreement ("cut through") after the client's reinsurer was placed into liquidation and in which the panel unanimously rejected the reinsurer's defenses including that the cut-through was not triggered, late notice, and a commutation agreement between the reinsurer and the liquidator precluded recovery

Represented a major U.S. casualty reinsurer in a week long confidential arbitration defending against a cedant's claims to recover excess of policy limits damages under excess of loss and umbrella quota share reinsurance treaties

Recently obtained summary judgment in Wisconsin state court for a domestic insurer defeating the insured's claims for breach of contract and bad faith under homeowner primary and umbrella policies for claims asserted against the insured for intentional misrepresentations arising out of the sale of the insured's $1.8 million home

Underwriters at Lloyd’s, London v. DynCorp, 2016 WL 1590949 (Del.Ch. March 24, 2016) Worked with a trial team in representing London aviation underwriters in prosecuting rescission and reformation actions and defending declaratory judgment action pending in Delaware state court for claims arising out of chemical spraying operations performed to eradicate opium production in Colombia

Lead Illinois defense counsel defending asbestos bodily injury claims asserted against raw asbestos distributor

Fidelity Investments Life Ins. Co. v. Squire, 2011 WL 1399259 (N.D.Ill. April 13, 2011) Prosecuted declaratory judgment action in Northern District of Illinois on behalf of life insurer where insured committed murder then used the corpse to feign his death for purposes of defrauding insurer of $5 million policy benefits and obtained dismissal of bad faith and vexatious delay claims against the client

Member of a trial team for an international insurance client in a confidential four week arbitration in which the damages sought exceeded $125 million for alleged asbestos bodily injury liabilities

Presentations

“Legal Update – Successor Liability and Insurance” - Association of Insurance and Reinsurance Run-off Companies (AIRROC) Mid-West Region Education Day, May 25, 2016

“Legal Update – Privilege and Communications with Reinsurers” – AIRROC Mid-West Region Education Day, June 12, 2014

Publications

“Reinsurer ‘Access to Records’ and ‘Common Interest’ – Permitting Access and Preserving Privilege, Co-author, ARIAS Quarterly, 2nd Quarter, 2016

"Third-Party Payments Can Satisfy Self-Insured Retention," Law360, March 25, 2014