Mark Deptula represents and advises insurers and reinsurers in complex reinsurance and first- and third-party coverage disputes including construction defect, aviation, pollution, property damage, product liability, sexual molestation, concussion, asbestos, and health hazard matters, as well as high-exposure extracontractual and bad faith claims. His reinsurance practice spans both domestic and international arbitrations, including excess of loss and quota share reinsurance treaties, reinsurance assumption agreements, and disputes arising from cedents seeking recovery for asbestos, property, and casualty losses. He has also advised life insurers on coverage issues arising from potentially disputed claims involving misrepresentations in insurance applications, including a matter in which an insured committed murder and used a corpse to feign his own death in an attempt to collect $5 million in policy benefits.
His bad faith practice includes defending insurers in federal and state courts, including jury trials, against claims involving alleged failures to settle underlying disputes — among them a construction defect matter that presented an issue of first impression under Colorado law. His aviation practice includes representing London underwriters in rescission and reformation actions arising from chemical spraying operations in Colombia.
A contributing author of IICLE’s Insurance Law, Mark has written on bad faith claims in Illinois, Florida’s bad faith reform legislation, and reinsurer access to records and common interest privilege. He has also presented on successor liability and insurance and privilege issues in reinsurance communications for the Association of Insurance and Reinsurance Run-off Companies (AIRROC).
Listed in Illinois Super Lawyers as a Rising Star (2008-2014)
Represented an international casualty insurer against claims to coverage by an insured medical sterilization facility operator seeking hundreds of millions of dollars in insurance recovery related to bodily injury claims from the insured’s emission of Ethylene Oxide during the sterilization process, including the filing of an amicus brief to the Supreme Court of Illinois, which adopted the team’s arguments for the application of the pollution exclusion to find that the insured was not entitled to coverage.
Successfully obtained a multi-million dollar arbitration award for asbestos related losses on behalf of a major U.S. casualty insurer in a confidential reinsurance arbitration against London based reinsurers under excess of loss and quota share reinsurance treaties.
Represented an international reinsurer in a two week confidential arbitration defending against the cedent’s claims to recover over $30 million for sexual abuse claim payments.
Defended a U.S. casualty insurer against multi-million bad faith claims in the U.S. District Court for the District of Colorado, including through a week-long jury trial, defending against claims that the insurer allegedly failed to timely settle the underlying fishery construction defect lawsuit against the insured, and where the insurer previously prevailed on coverage defenses that presented an issue of first impression under Colorado law.
Adrenaline Sports Management, Inc. v. Greenlayer, LLC, et al., Case No. 1-18-0802 (Ill. Ct. App.). In a unanimous ruling by the Illinois First District Court of Appeals, the court affirmed the circuit court’s dismissal of a fraud and breach of contract lawsuit where there was another action pending between the same parties involving the same contract dispute in Oregon state court, and declining to apply judicial estoppel to prevent Greenlayer from arguing that the two competing actions involved the same cause.
Lead counsel in a successful confidential reinsurance arbitration on behalf of a London insurer, which resulted in the full recovery of amounts claimed due from a European reinsurer for asbestos, property and casualty losses, including an award of pre-hearing security, which was used to promptly satisfy the panel’s unanimous award.
Lead counsel in a successful confidential reinsurance arbitration on behalf of a London casualty insurer and recovered under a reinsurance assumption agreement (“cut through”) after the client’s reinsurer was placed into liquidation and in which the panel unanimously rejected the reinsurer’s defenses including that the cut-through was not triggered, late notice, and a commutation agreement between the reinsurer and the liquidator precluded recovery.
Represented a major U.S. casualty reinsurer in a week long confidential arbitration defending against a cedant’s claims to recover excess of policy limits damages under excess of loss and umbrella quota share reinsurance treaties.
Obtained summary judgment in Wisconsin state court for a domestic insurer defeating the insured’s claims for breach of contract and bad faith under homeowner primary and umbrella policies for claims asserted against the insured for intentional misrepresentations arising out of the sale of the insured’s $1.8 million home.
Underwriters at Lloyd’s, London v. DynCorp, 2016 WL 1590949 (Del.Ch. March 24, 2016). Worked with a trial team in representing London aviation underwriters in prosecuting rescission and reformation actions and defending declaratory judgment action pending in Delaware state court for claims arising out of chemical spraying operations performed to eradicate opium production in Colombia.
Fidelity Investments Life Ins. Co. v. Squire, 2011 WL 1399259 (N.D.Ill. April 13, 2011). Prosecuted declaratory judgment action in Northern District of Illinois on behalf of life insurer where insured committed murder then used the corpse to feign his death for purposes of defrauding insurer of $5 million policy benefits and obtained dismissal of bad faith and vexatious delay claims against the client.
Member of a trial team for an international insurance client in a confidential four week arbitration in which the damages sought exceeded $125 million for alleged asbestos bodily injury liabilities.
“Legal Update—Successor Liability and Insurance,” Association of Insurance and Reinsurance Run-off Companies (AIRROC) Mid-West Region Education Day (May 25, 2016)
“Legal Update—Privilege and Communications with Reinsurers,” AIRROC Mid-West Region Education Day (June 12, 2014)
“Bad Faith Claims In Illinois” in Insurance Law, Illinois Institute for Continuing Education (2023)
“Florida’s New Bad Faith Law: Attorney Fee Shifting for Insureds Repealed in Most Cases, Duty of Good Faith Imposed on Claimants and Insureds, and Safe Harbors Provided to Insurers,” BatesCarey LLP News (March 28, 2023)
“New Year, New California Requirements for Time-Limited Demands,” BatesCarey LLP News (January 5, 2023)
“Reinsurer ‘Access to Records’ and ‘Common Interest’—Permitting Access and Preserving Privilege,” Co-author, ARIAS Quarterly (2nd Quarter, 2016)
“Third-Party Payments Can Satisfy Self-Insured Retention,” Law360 (March 25, 2014)