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Nicole Gallagher is an associate who serves as coverage and litigation counsel for domestic and international insurers in various first-party property insurance coverage matters in state and federal courts across the country.  She has extensive experience with cases involving complex property coverage issues, including business interruption, builder's risk, and bad faith claims.  She also has experience defending design professionals in construction cases and litigating insurance subrogation claims.

Nicole also represents insurers in various professional liability coverage matters, including D&O, E&O and other professional liability risks.  Nicole has served as counsel for complex insurance claims involving securities fraud class actions, derivative actions, and regulatory investigations and proceedings.

Nicole also has experience with marine insurance and maritime issues.  She is a member of the Young Shipping Professionals of New York and the Chicago Ocean Marine Association.  Nicole has recently written on the interplay between the mandatory arbitration clause in a protection and indemnity policy and the jurisdictional grant under the policy's service of suit clause.

She received her J.D. from The John Marshall Law School. During that time, Nicole was the Chief Justice of The John Marshall Moot Court Honors Program.

Representative Matters

Delta Technical Products v. Hartford Casualty Ins. Co., Case No. 14 Ill. App. 1st 122158 (Ill. 1st Dist.) Summary judgment on behalf of insurer, securing a declaration that a sewer and drain endorsement was not ambiguous and the policy did not cover loss due to flood.  On appeal, the First District Appellate Court of Illinois confirmed the ruling, and also agreed there was a bona fide coverage dispute barring bad faith under Illinois law.

21st Century Dental Care, LLC v. Sentinel Insurance Co., Case No. 1:13-cv-05863 (N.D. Ill.) Defended insurer in a breach of contract case seeking additional business income and replacement cost coverage following a rain storm at a dental practice.

Advanced Radiant Systems v. Peerless Indemnity Ins. Co., Case No. 1:14-cv-01943 (S.D. Ind.). Defended insurer in a breach of contract action brought by the insured seeking a belated appraisal and supplemental business income coverage.

Auto-Owners Insurance Co. v. Indiana Insurance Co., Case No. 1:12-cv-07401 (N.D. Ill.) Defended insurer in declaratory judgment case seeking a determination that builder’s risk insurance policy provided coverage for a residential fire loss for contractor who was not a named insured.

Cosmetique Inc. v. Hartford Casualty Insurance. Co., Case No. 1:11-cv-0774 (N.D. Ill.) Defended insurer in a declaratory judgment action seeking reimbursement of coverage following a theft of its proprietary customer list.

Fox v. American Economy Insurance Co., Case No. 1:10-cv-02580 (N.D. ll.) Defended insurer in declaratory judgment action seeking business income and ordinance or law coverage at a podiatry practice following a frozen pipe loss.

Lyon College v. Lexington Insurance Co., Case. No. 1:13-cv-00073 (S.D. Ar). Defended insurer in a declaratory judgment action seeking additional coverage for increased cost of construction and business income following a fire at the student commons building.

Restoration Specialists, LLC v. Hartford Fire Insurance Co., Case No. 1:08-cv-00644 (N.D. Ill.) Defended insurer in a declaratory judgment and bad faith action involving an insurance dispute stemming from the Wrigleyville Porch Collapse.

Publications

“Post-Hurricane Harvey, what claims and litigation issues do you foresee occurring?” Harvey's Coverage Issues (September 18, 2017)

Tug’s H&M Insurer Must Reimburse P&I Club's Defense Payment in Bridge Allision,” The Maritime Advocate (August 3, 2017)

“Federal Court Upholds P&I Club’s Coverage Determination as Valid, Binding ADR Decision,” Kluwer Arbitration Blog (July 31, 2017)

“US Withdraws Plans To Tighten Jones Act Coastal Shipping Rules,” The Maritime Advocate (May 25, 2017)

"P&I Insurer’s Consent to U.S. Jurisdiction in Service of Suit Clause Does Not Override Contractual Right to Arbitrate," Kluwer Arbitration Blog (May 12, 2017)