BatesCarey LLP | David J. Buishas | Global Insurance Attorneys

David J. Buishas is an experienced litigator with a distinguished track record in complex insurance coverage disputes involving general liability, public entity, professional liability, and excess and umbrella exposures, as well as extra-contractual liability claims. His nationwide practice focuses on briefing and arguing dispositive motions and appeals across the country. David has developed a reputation for strategic insight, meticulous preparation, and proactive solutions to meet the needs of each engagement.

Beyond active litigation, David counsels insurers on effective claim management strategies to resolve pre-litigation disputes. His civil litigation background also encompasses contract disputes and civil rights matters, and transportation liability.

In 2021, Law Bulletin Media selected David as one of the “40 Under Forty” Illinois attorneys to watch, with peers and clients praising him for his great instincts and creative strategies in litigating coverage cases. He has also been selected for inclusion in Illinois Super Lawyers and recognized as an Emerging Lawyer in the area of Insurance.

Representative Matters

Abramovitz, et al v. Atlantic Specialty Insurance Co., No. 2:23-cv-02076 (D. Kan.) Obtained summary judgment on issue of first impression regarding whether policy exclusion for government-owned underinsured vehicles was authorized by Kansas statute.

Adrenaline Sports Management, Inc. v. Greenlayer, LLC, et al., Case No. 1-18-0802 (Ill. Ct. App.) Achieved unanimous ruling by the Illinois First District Court of Appeals affirming the circuit court’s dismissal of a fraud and breach of contract lawsuit against client.

Michigan Millers Mut. Ins. Co. v. Westport Insurance Corporation (f/k/a Employers Reins. Corp.), No. 1:14-cv-00151 (W.D. Mich.) Successfully represented reinsurer in lawsuit regarding the allocation between multiple reinsurance treaties of $14 million in loss and claim expense arising from five underlying lawsuits. Issues involved examination of bad faith liability as between umbrella and primary claims handling.

Stefko v. WestCare Foundation, et al. Case No. 3-23-0267 (Ill. Ct. App.) Affirmed dismissal of civil rights lawsuit brought against national nonprofit organization providing treatment within Illinois correctional facilities.

Waste Management Recycle America, Inc. v. Shawn Lavin, Case No. 10 CH 006665, (Ill. Cir. Ct. 2011), aff'd, No. 2-11-0180 (Ill. App. Ct. 2011) Represented client in a five-day bench trial and subsequent appeal to the Illinois Court of Appeals establishing a covenant not to compete in an employment contract.

Successfully represented client in confidential reinsurance arbitration regarding hundreds of underlying lawsuits involving property damage claims arising from Hurricane Ike.

COVID-19 Coverage Litigation

Coventry's Deli v. State Auto Prop. & Cas. Ins. Co., 2022 WL 4537980 (S.D. Ohio) (Sept. 28, 2022) Obtained dismissal of a putative class action for insurer client over plaintiffs’ allegations that presence of COVID-19 on their properties caused structural alterations that required repairs.

Planet Sub Holdings, Inc. v. State Auto Prop. & Cas. Ins. Co., ---F.4th ----, 2022 WL 1951615 (8th Cir.) (June 6, 2022) Ruling that, under Oklahoma, Kansas and Missouri law, the actual presence of COVID-19 is not a "direct physical loss" to property, and that the relevant government orders did not "result from" any alleged infectious disease at the insured's described premises.

Classic Dining v. State Auto Insurance Companies, Case No. 20-CV[1]004107 (Franklin Co., OH.) (Nov. 9, 2021) Finding the insured’s restaurants had not been physically changed or ruined by the alleged presence of COVID-19.

Bluegrass, LLC v. State Automobile Mut. Ins. Co., Case No. 20-CV-00414, 2021 WL 42050 (S.D. WV.) (Jan. 5, 2021) “I am unable to find that a regulatory shutdown order is a ‘physical loss or damage’ as contemplated by the plain language of the parties’ contract.”

Natty Greene’s Brewing Co. v. Travelers Cas. Co. of America, et al., Case No. 1:20- CV437, 2020 WL 7024882 (M.D. NC.) (Nov. 30, 2020) Granting Motion for Judgment on Pleadings based on virus exclusion in all policies at issue.