PROFESSIONALS

Jared K. Clapper

Partner
blank image Jared K. Clapper
10 S. Wacker Drive
21st Floor
Chicago, IL 60606, US

T: 312.585.1411 F: 312.585.1401
Jared is an experienced coverage litigator, having secured multiple summary judgments on behalf of his clients, both directly and by assisting other law firms with preparation of motions. Jared has also obtained favorable settlements for his clients and regularly counsels insurers with respect to strategy on challenging and high-risk claims.


His consulting and litigation experience includes managing complex disputes for insurers involving:

  • Bad Faith
  • Construction Defect
  • Product Defect
  • Commercial Transportation
  • Environmental
  • Appeals
  • Personal and Advertising Injury
  • Directors and Officers Liability

Before Nicolaides

Before joining the firm, Jared was an associate at a Chicago insurance coverage firm, where he specialized in insurance coverage litigation. Previously, Jared practiced law with SmithAmundsen LLC, focusing on both insurance coverage and general commercial litigation.  

Outside Nicolaides

Jared enjoys spending time with his wife and daughters. He also likes running, tennis, and the Chicago Bears.

EXPERIENCE
  • Affirmed summary judgment declaring that five policies comprising an OCIP provided maximum limits of $5 million for all the insured's projects, not for each project.
  • Obtained summary judgment holding that CGL coverage, part of client's primary OCIP policy, provided only a single $5 million completed-operations aggregate liability limit, regardless how projects sustained damage; defeated argument that $5 million aggregate limit was owed for each of 71 scheduled projects.
  • Obtained dismissal of complaint against excess insurer seeking coverage for lawsuit alleging that insured misrepresented its insurance to the underlying plaintiffs to induce them to settle for less than their damages.
  • Obtained ruling that other insurer's "other insurance" clause did not render homeowners' policy excess to client's CGL policy by persuading the court that the policies did not cover the same risks and the "other insurance" clauses were therefore inapplicable.
  • Secured summary judgment for excess insurer less than four months after moving to intervene in primary insurer's declaratory judgment action when court found that driver facing $14 million in underlying judgments did not qualify as an "insured" under an auto dealership's policy, due to the fact that the dealership did not own the car at the time of the accident, despite lack of sale documentation before the accident. Affirmed on appeal.
  • Obtained partial summary judgment on late-notice argument in Colorado construction-defect case, leading to favorable settlement for excess insurer.
  • Negotiated favorable settlement for excess insurer after obtaining partial summary judgment as to allocation of construction defect settlement under Colorado law.
  • Obtained denial of two insurers' motion to revive the insured's motion for summary judgment and continue with their joinders after insured agreed to withdraw their motion after settlement.
  • Advised client regarding potential coverage for underlying lawsuit in China alleging that insured's color-products used for making children's chalkboards contained an unacceptably high level of chemical harmful to children.
  • Evaluated number of occurrences and trigger of coverage under Washington law for underlying class actions and individual lawsuits in Hawaii alleging insured sold scallops contaminated with Hepatitis which infected restaurant's patrons.
  • Evaluated whether trucking lawsuit pending in New Hampshire involved a covered auto Virginia and New Hampshire law, and evaluated priority-of-coverage issues under multiple business auto policies.
  • Evaluated coverage of named and additional insureds relative to lawsuit arising out of delamination of exterior paint on commercial vessel while traveling in the Pacific Ocean and resolved issues concerning responsibility for high-value (eight-figure) deductible. 
  • Obtained summary judgment that injury, which occurred while claimant was unloading steel cages from a truck at a construction site in New York, did not result from the use of a covered auto.
  • Representing insurer in appeal in North Carolina concerning the applicable trigger of coverage and method of allocation relative to various lawsuits alleging exposure to a chemical in the insured's product cause leukemia.
  • Evaluated coverage for casino and contractors with respect to claims involving electrocution of patrons.
  • Evaluated whether lawsuit pending in Tennessee, alleging that failure to update computer software led to customer defections, constituted "personal and advertising injury" covered under a policy issued to plaintiff's competitor.
  • Evaluated whether lawsuit in Texas arising out of theft of wine owned by insured country club's member and overcharging customers for other wines alleged "property damage" that was otherwise excluded by the care, custody, and control or "impaired property" exclusions.
  • Evaluated coverage for arsenic-poisoning claim arising out of insured's operation of slag-processing facility in Montana.
  • Successfully represented insurer in coverage litigation concerning several class-action lawsuits alleging defects in windows caused water intrusion in their homes.
INSIGHTS