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Michael "Mickey" Passman is an associate who concentrates his practice on insurance law. His practice includes pre-litigation insurance coverage analysis and the litigation of complex 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 claims involving construction liability, products liability, personal injury liability, public officials liability, law enforcement liability, attorney liability, and insurance broker liability.  Mickey has also drafted policy language for new insurance products and provided guidance to insurers on regulatory issues.

Mickey frequently writes on insurance coverage law.  He has published Illinois practice guide chapters on the commercial general liability policy and declaratory judgment litigation.  Mickey also writes a monthly online column on new developments in insurance law published by the Illinois Institute for Continuing Legal Education.

Representative Matters

Westport Ins. Corp. v. California Casualty Management Co., Case 3:16-cv-01246 (N.D. Calif.  April 7, 2017)  Represented insurer seeking equitable contribution against excess insurer of the Association of California School Administrators arising from $15.8 million paid to settle three school molestation claims.  After addressing issues relating to lost policies, priority of “other insurance” provisions, and number of occurrences, the Court entered summary judgment and awarded equitable contribution of $2.6 million.

National Surety Corp. v. First Specialty Insurance Corp., 2016 WL 7057503 (New Jersey Superior Court). Achieved summary judgment of primary insurer establishing that the insurer could use its limits to settle on behalf of one of two sets of Additional Insureds, and that doing so would extinguish the duty to continue defending the second set of Additional Insureds.

Travelers Property Casualty Company of America v. RSUI Indemnity Co., 844 F.Supp.2d 933 (U.S. District Court for the Northern District of Illinois). After two separate individuals were injured in a single E. coli outbreak, a primary insurer paid more than its “per occurrence” limit to protect its insured by settling the resulting product liability claims, subject to its right to recoup the amount it paid over its “per occurrence” limit from the insured’s excess insurer if the court determined that both injuries involved a single “occurrence.”  Summary judgment was granted in favor of the primary insurer, with the court holding that both injuries emanated from a single cause – the production of a single batch of tainted meat.  Accordingly, there was only one “occurrence” and the primary insurer was entitled to recoupment from the excess insurer.

Presentations

"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)