Nicholas Novak serves as coverage and litigation counsel to domestic and international insurers across a range of third-party and first-party coverage matters.
His third-party coverage practice focuses on professional liability, including Directors and Officers (D&O), Errors and Omissions (E&O), and Employment Practices Liability (EPL) coverage. On the first-party coverage side, Nicholas handles fidelity claims, business interruption claims, cyber claims, and major property losses. He represents insurers in federal and state courts nationwide seeking declarations supporting coverage determinations, defending against bad faith claims, and pursuing subrogation involving large commercial property losses.
Active in the legal community, Nicholas is a member of the ABA TIPS Technology Committee, which provides guidance to assist with Tort Trial and Insurance Practice Section (TIPS) online presence. He serves as a technology resource to Section committees and is Vice-Chair of the ABA TIPS Professionals’ Officers’ and Directors Liability Committee, Employment Law & Litigation Section. He is also a liaison for the Young Lawyers Division of the ABA.
Listed in Super Lawyers, Illinois (2024-Present)
Copeland Land and Cattle, LLC v. North East Title, Inc., Case No. D818-CV-2024-00045 (N.M. 8th Jud. Dist. Ct. June 5, 2026)Obtained summary judgment for a cyber/professional-liability insurer, securing a declaration of no coverage under a claims-made policy for a business email compromise scheme, on the grounds that the insured first identified the network-security event before the policy period such that the event was outside the scope of coverage, and that the Prior Knowledge and Absolute Professional Services exclusions independently barred coverage.
Zaragon Holdings, Inc. v. Indian Harbor Ins. Co., 2011 WL 1374980 (N.D. Ill. Apr. 12, 2011) Summary judgment on behalf of commercial property insurance carrier, securing a declaration that storm damage to the roofs of the insured premises was not fortuitous and, therefore, was not subject to coverage.
Indian Harbor Ins. Co. v. Randolph Partners, LLC, 740 Series, 2010 WL 3155974 (N.D. Ill. Aug. 10, 2010) Summary judgment on behalf of commercial property insurance carrier, securing a declaration of no coverage for extensive damage from a broken sprinkler head because insured failed to comply with a protective safeguards endorsement.
Zaragon Holdings, Inc. v. Indian Harbor Ins. Co., 2010 WL 3036762 (N.D. Ill. Aug. 2, 2010) Summary judgment on behalf of commercial property insurance carrier, securing a declaration of no coverage for water damage to an apartment complex because the insurer proved that the damage was caused by surface water, which was excluded under the policy.
Burton Wells, Ltd v. Indian Harbor Ins. Co., 2009 WL 8463694 (N.D. Ill. July 13, 2009) Ruling by the district court to bifurcate a bad faith claim from the coverage claim, which halted all discovery into the bad faith allegations until the insured established it was entitled to coverage. Case was later dismissed with prejudice.
Indian Harbor Ins. Co. v. 2930 North Sheridan, LLC, Case No. 1:08-cv-3543 (N.D. Ill.) Defended insurer from multimillion dollar claim for damages related to asbestos discovered during renovation, resulting in a voluntary dismissal of the insured’s claims for coverage after the insurer filed a motion for judgment on the pleadings.
Indian Harbor Ins. Co. v. Clarinet, LLC, Case No. 4:07-cv-581 (E.D. Mo.) Defended insurer in a trial concerning a coverage dispute and bad faith allegations related to the collapse of a historic building during renovations.
“Coronavirus and Business Interruption Claims” BatesCarey (March 19, 2020)
“We’re Going to Make It After All,” Employment Law & Litigation Newsletter, Summer 2015, by Nicholas Novak and Tyler Volm.
“Spoliation and Insurance Coverage,” CLE Presentation to Chicago Bar Association, Young Lawyers Association, Insurance Coverage Committee (October 11, 2011)