PROFESSIONALS

Robert S. Marshall

Partner
blank image Robert S. Marshall
10 S. Wacker Drive
21st Floor
Chicago, IL 60606, US

T: 312.585.1426 F: 312.585.1401
A seasoned litigator with more than 25 years of experience, Bob focuses his practice on successfully protecting clients’ interests in jury trials, bench trials, appeals, arbitrations and mediations across the United States.


His diversified litigation and insurance coverage experience includes evaluating and managing complex disputes for insurers involving a number of subject areas, including:

  • Bad Faith
  • Primary and Excess Casualty
  • Commercial Trucking and Auto
  • Construction Defect
  • Environmental
  • Product Defect
  • Primary – Excess Disputes
  • Additional Insureds and Indemnification
  • Personal and Advertising Injury
  • Appeals
  • General  Commercial Litigation


Bob also has experience defending clients in coverage and bad faith litigation, medical malpractice actions, business disputes and matters involving the enforcement of sureties and guarantees. In addition to his active litigation practice, Bob frequently presents seminars for insurance industry professionals and clients, lecturing on subjects including commercial general liability coverage, bad faith, additional insureds and risk transfer, and other issues relevant to excess insurance claim handling.

Memberships

  • American Bar Association
  • Ohio State Bar Association
  • Claims and Litigation Management Alliance
  • Defense Research Institute

Awards & Rankings

  • Named in 2019 Super Lawyers for Illinois in the fields of insurance coverage and business litigation, a distinction given to no more than 5% of attorneys. Bob has been recognized in Illinois Super Lawyers for 15 years.
  • Associate Editor, Human Rights Quarterly
  • Fellow, Arthur Russell Morgan Institute
  • Fellow, Urban Morgan Institute for Human Rights

Before Nicolaides

Before joining the firm, Bob was a partner at a Chicago insurance coverage firm where he specialized in insurance coverage litigation. Prior to that, Bob practiced law with Bollinger, Ruberry & Garvey and Christensen & Ehret, focusing on both insurance coverage and defense of insureds. Bob began his legal career at The Law Offices of James T. Ball, where he lead his first jury trial.

Outside Nicolaides

Bob is an avid runner, competing in a variety of distance races, including marathons and half-marathons. He enjoys learning about (and sometimes drinking) wine and is an enthusiastic, if not always successful, cook. Bob volunteers in the local community, mentoring students from disadvantaged backgrounds.

EXPERIENCE

    Case Study

  • Thumbnail image for SONY Playstation breach
    SONY PlayStation breach

    In 2011, hackers breached Sony Corporation’s PlayStation Network, stealing the personal information of millions of users. Sony sought coverage for multiple class actions brought by users, asserting that the resulting claims triggered the “personal and advertising injury” coverage under CGL policies.

  • Pursued and won reimbursement of defense costs plus prejudgment interest from other insurer providing additional insured coverage for the insured. Also prevailed on venue and reasonableness of defense costs issues.
  • In a case of first impression regarding coverage for cyber/hacking claims, obtained summary judgment for insurer on grounds that "personal and advertising injury" coverage was not implicated under a CGL policy where the insured sought coverage for liability regarding the theft of personal data by third-party hackers.
  • Pursued and won contribution action based on additional insured status created by certificate of insurance.
  • Obtained favorable, unanimous decision from arbitral panel finding no coverage for $25 million claim for alleged "property damage" to coke oven batteries.
  • Obtained appellate affirmation in Texas action on grounds that product failure was not an occurrence law and, alternatively, insured failed to present evidence sufficient to allocate covered and uncovered damages.
  • Won trial and appeal for insurer in copyright infringement claim by securing ruling that submission of copyrighted building plans to township commission did not constitute "advertising."
  • Prosecuted and won contribution action against professional liability insurer arising out of claim related to service of electrical turbine generator, obtaining policy limits award from arbitrator.
  • Obtained summary judgment for client based on insured's breach of voluntary payments clause of insurance policy.
  • Defended insurer in trial for advertising injury coverage.
INSIGHTS

ADDITIONAL SPEAKING & WRITING

  • Presenter, "The Basics of Insurance Coverage for Construction Defect Claims," client seminar (2007-2018)
  • Presenter, "A Primer on Third-Party Property Damage Claims and Coverage," client seminar (2006-2018)
  • Presenter, "Risk-Shifting: Additional Insureds, Certificates of Insurance and Contractual Liability," American Bar Association (2004)
  • Presenter, "The Consequences of Self-Insured Retentions," Defense Research Institute Insurance Coverage Annual Meeting (2003)
  • Presenter, "Dealing with Insolvencies and Liquidations of Foreign Entities in the United States," American Bar Association, Tort and Insurance Practice Section Annual Meeting (2001) 
  • Author, "Forum Selection Clauses: The Door May be Open to Challenging Enforcement," American Bar Association, TIPS Newsletter Digest (2000)
  • "Bad Faith Litigation: A Practical Guide," for nationwide insurance company (1999)
NEWS