PROFESSIONALS

Richard H. Nicolaides, Jr.

Managing Partner
blank image Richard H. Nicolaides, Jr.
10 S. Wacker Drive
21st Floor
Chicago, IL 60606, US

T: 312.585.1515 F: 312.585.1401
A top litigator for the insurance industry, Richard’s practice is focused on representing regional, national and global insurers in complex coverage disputes across the country.


Richard’s diverse experience includes evaluating and successfully resolving insurance coverage disputes arising under primary and excess property, commercial, and professional liability policies involving a wide range of exposures including:

  • Business interruption
  • Construction
  • Copyright, trade dress, trademark infringement, false advertising
  • Cyber/internet related
  • Disparagement/trade libel
  • Environmental
  • Mass tort
  • Manufacturing defects
  • Privacy invasion
  • Professional errors and omissions
  • Trade secret misappropriation
  • Transportation 


Richard’s litigation practice also includes representing insurers in claims handling and bad faith lawsuits.

In addition, Richard advises his clients on policy drafting, as well as claims handling practices. He frequently lectures to insurance industry professionals around the world on a variety of insurance-related topics.

A successful engagement is one where our deep bench of skilled and experienced attorneys, through efficiency and collaboration, respond to what the client needs at that moment.

Memberships

  • Defense Research Institute
  • Federation of Defense and Corporate Counsel
  • Japan America Society of Chicago

Awards & Rankings

  • Named in 2019 Super Lawyers for Illinois in the fields of insurance coverage and business litigation, a distinction given by Super Lawyers to no more than five percent of attorneys in each state. Richard has been recognized in Illinois Super Lawyers for the past 11 years.
  • Recognized by peers in the Leading Lawyers Network in the field of insurance, insurance coverage and reinsurance law.

Outside Nicolaides

Richard enjoys spending time with his wife and three teenage children, including traveling to interesting parts of the world and participating in exciting adventures, whether rafting down a river or rappelling down the side of a mountain. Richard has enjoyed the challenges presented by reaching the summits of Mount Rainer in Washington, the Grand Teton in Wyoming, Mont Blanc in Chamonix, France and various peaks in Zermatt, Switzerland.

EXPERIENCE
  • Obtained dismissal of claims by establishing that insurer was not obligated to defend numerous underlying lawsuits alleging privacy violations caused by insured's transmittal of text messages with the recipients' permission.
  • Obtained summary judgment entitling insurer client to recover more than $1.8 million in defense costs and interest from another insurer who failed to defend their mutual insured.
  • In a case of first impression, secured summary judgment for client over bad-faith claims involving alleged failure to settle underlying railroad-crossing accident case, in which client only offered the insured's $5 million retention, followed by a $54 million verdict.
  • Secured affirmance of summary judgment for insurer in declaratory judgment action on number of occurrences issue.
  • Obtained affirmance of summary judgment for insurer finding insured's defective workmanship did not cause property damage.
  • Obtained affirmance of judgment granted for insurer in declaratory judgment action involving Florida law concerning whether allegations of price-fixing in an antitrust suit implicate the "advertising injury" offense requiring use of another's "advertising idea."
  • Obtained summary judgment for insurer on basis that CGL policies provided no coverage for series of class-action antitrust and price-fixing lawsuits against insured, persuading court to reject argument that lawsuits involved "personal injury and advertising injury."
  • In a case of first impression, affirmed summary judgment for insurer that prior publication exclusion barred coverage for trademark infringement suit because insured first used infringing portion of subject trademarks prior to policy inception.
  • 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.
  • Obtained judgment in favor of insurer in declaratory judgment action concerning Illinois law as to the scope of advertising injury coverage in the context of underlying patent infringement claims.
  • Obtained judgment in favor of insurer in declaratory judgment action under Massachusetts law involving issue of first impression as to whether antitrust claims that discussed disparagement by insured could trigger personal injury coverage, such that a defense obligation is owed even if the alleged disparagement was not directed at the underlying claimant.
  • Prosecuted action for contribution under Georgia law against non-contributing insurers of residential housing developer (additional insured) for reimbursement of amounts paid to defend and indemnify property damage and nuisance claims. Summary judgment was entered in favor of client.
  • Judgment granted in favor of insurer in case of first impression under Hawaii law on the application of the "incorporation doctrine" for alleged property damage arising from faulty workmanship in the installation of a fire sprinkler system in a luxury hotel.
INSIGHTS