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Michael "Mickey" Passman is a partner who concentrates his practice on insurance law. His practice includes pre-litigation insurance coverage analysis as well as the litigation of insurance coverage disputes in state and federal courts throughout the country.

Mickey handles a wide variety of commercial general liability coverage and professional liability coverage matters, including matters involving products liability claims, personal injury claims, construction claims, attorney malpractice claims, and insurance broker errors and omissions claims. Mickey also represents insurance companies in defending against bad faith claims.

Mickey frequently writes and speaks on insurance coverage law, including on the topics of reservations of rights, estoppel, bad faith, and the litigation of insurance coverage disputes. He also publishes a monthly online column on new developments in insurance law.

Representative Matters

Westport Insurance Corp. v. California Casualty Management Co., 249 F.Supp.3d 1164 (U.S. District Court for the Northern District of California). Obtained multi-million dollar summary judgment award on behalf of insurer client seeking equitable contribution against another insurer for amounts paid to settle three related molestation claims. 

National Surety Corp. v. First Specialty Insurance Corp., 2016 WL 7057503 (Superior Court of New Jersey, Essex County) appeal dismissed A-001554-16T1 (Superior Court of New Jersey, Appellate Division). In a case of first impression in New Jersey, obtained summary judgment in favor of primary insurer client establishing that the client could pay its limits to settle on behalf of one Insured, and that doing so would extinguish the duty to defend all remaining Insureds that were named as defendants in the underlying personal injury lawsuit.

Travelers Property Casualty Co. of America v. RSUI Indemnity Co., 844 F.Supp.2d 933 (U.S. District Court for the Northern District of Illinois). Obtained summary judgment in favor of primary insurer client establishing that injuries to two separate individuals caused by a single E. coli outbreak constituted a single “occurrence,” and therefore the client was entitled to recoupment from the excess insurer for settlement amounts paid over the client’s “per occurrence” limit.

Presentations

“The Duty to Settle, Bad Faith, and Ethics,” Illinois Institute for Continuing Legal Education (Chicago, Illinois | January 2018)

"Responding to, Evaluating and Defending Sudden-Event Mass Toxic Tort Claims: Coverage Issues," Claims & Litigation Management Alliance (Overland Park, Kansas | September 2015)

"Reservations of Rights and Estoppel," Illinois Institute for Continuing Legal Education (Bloomington, Illinois | September 2014)

"Modern Day Pirates and the Law," Chicago Bar Association (Chicago, Illinois | October 2009)

Publications

"Insurance Law," in IICLE Flashpoints (Illinois Institute for Continuing Legal Education, Jan. 2015 – Present | Monthly Article)

"Declaratory Judgment Litigation," in Illinois Insurance Law (Illinois Institute for Continuing Legal Education, 2015)

"Declaratory Judgment Litigation," in Commercial and Professional Liability Insurance (Illinois Institute for Continuing Legal Education, 2014)

"Introduction to Commercial Liability Coverages – Overview of the Forms," in Commercial and Professional Liability Insurance (Illinois Institute for Continuing Legal Education, 2012) (co-author)

"The CGL Policy," in Insurance Law (Illinois Institute for Continuing Legal Education, 2012) (co-author)

"Does the MCS-90 Endorsement Cover Permissive Users?", Commercial Transportation Litigation Committee Newsletter (American Bar Association, Winter 2010) (co-author)

"Interpreting Sea Piracy Clauses in Marine Insurance Contracts", Journal of Maritime Law and Commerce (Vol. 40, 2009)

"Protections Afforded to Captured Pirates Under the Law of War and International Law," Tulane Maritime Law Journal (Vol. 33, 2008).

"Transactions of Virtual Items in Virtual Worlds," Albany Law Journal of Science and Technology (Vol. 18, 2008)