PROFESSIONALS

Mary F. Licari

Partner
blank image Mary F. Licari
10 S. Wacker Drive
21st Floor
Chicago, IL 60606, US

T: 312.585.1424 F: 312.585.1401
Mary is lead counsel for insurers involved in complex insurance litigation in state and federal courts throughout the country, involving a wide-range of business, toxic tort, product liability, construction defect and environmental pollution claims.   

Mary also represents insurers in arbitrations and mediations involving direct insurance and reinsurance claims. Her practice focuses primarily on:

  • Bad Faith
  • Commercial Transportation
  • Intellectual Property Claims
  • Primary & Umbrella Liability
  • Policy Drafting & Claims Management (both direct insurance and reinsurance)
  • Professional Liability


Mary has also defended litigants involved in medical malpractice, securities fraud, and product liability actions. She is a frequent speaker in the legal community, speaking on insurance coverage, claim handling best practices and bad faith issues.

EXPERIENCE
  • Secured summary judgment for professional liability insurer based upon prior knowledge exclusion, precluding any obligation for alleged extra-contractual damages due to wrongful failure to settle.
  • Granted summary judgment for insurer on the basis that allegations of false advertising and disparagement did not implicate personal and advertising injury coverage.
  • Secured summary judgment in favor of umbrella insurer when court agreed that insureds' bad-faith and estoppel arguments should be rejected, and it was clear from the record that no damages were awarded because of personal injury or advertising injury.
  • Obtained dismissal of claims against defendant for alleged unlawful public disclosure of private facts.
  • Obtained summary judgment in favor of excess insurer on grounds that insured's notice of lawsuit three days before trial breached the policy's timely notice condition.
  • Secured summary judgment for insurer on basis that there was no potential for personal injury or advertising injury liability where insured did not disparage or defame the underlying plaintiffs.
  • Represented excess insurer that was found not liable for Section 1983 attorney fee award as supplementary payment.
  • Obtained judgment for insurer in declaratory judgment action involving issues of first impression under Delaware law with respect to scope and limits of coverage available to an additional insured.
  • Secured summary judgment for insurer on grounds of no personal injury and advertising injury coverage where insured did not make disparaging statements about the underlying plaintiffs.
  • Obtained summary judgment for excess insurer on grounds that no single asbestos claim exceeded the underlying each-occurrence liability limits.
  • Secured District Court refusal to remand case and abstain from exercising jurisdiction in environmental insurance coverage dispute.
  • Secured affirmance of attorney fee award on appeal.
  • Secured ruling that insured was collaterally estopped from relitigating issues decided by Illinois court.
  • Represented insurer that was deemed a dispensable party that could be dismissed thereby preserving diversity jurisdiction in coverage action.
  • Obtained summary judgment for insurer on grounds no federal jurisdiction under Declaratory Judgment Act.
  • Successfully asserted application of continuous trigger to asbestos-in-building claims; court held that all such claims arose out of a single occurrence and horizontal exhaustion applied to all primary policies.
  • Obtained summary judgment for insurer on grounds environmental response costs do not constitute "damages."
  • Obtained summary judgment for insurer on grounds potential occurrence took place outside policy period.
  • Obtained Motion to Dismiss on stay coverage action because of prior pending action denied.
INSIGHTS

ADDITIONAL SPEAKING & WRITING

  • Speaker, American Conference Institute’s 25th National Advanced Forum on Bad Faith Litigation, July 2013
  • Frequent speaker and 2012 Co-Chair, “All Sums vs. Pro Rata Reallocation of Settlement Credits,” HB Litigation Conferences
  • Web Presenter, ABA Forum on the Construction Industry (Liens, Bonds and Insurance), November 2012