Disciplined in Sophisticated Defense and Insurance Litigation

K. Clark Schirle is a Partner at Butler. He has over 26 years of litigation experience. His practice areas include first-party property, business interruption, insurance coverage, products liability, casualty defense litigation and international counseling and litigation.

Clark has extensive experience and expertise in litigating large, complex, multi-million dollar first-party property disputes across the country, including builder's risk claims, significant business interruption cases, and boiler and machinery claims. He has worked on claims involving concrete caissons, ports, underground tunnels, warehouse and distribution facilities, synfuel plants, coal mines, carpet mills, casinos, industrial furnaces, airports, high schools and commercial buildings. Clark is involved in all aspects of these claims, from providing initial advice as to coverage, to litigating the case to its conclusion via settlement, mediation, arbitration, trial and appeal.

Clark has extensive international experience and counsels European insurers on claims involving significant liability exposures in the United States.  He has also been involved in claims where foreign entities have been sued in the United States, including defending those actions on jurisdictional grounds.  Clark was also involved in litigating a claim where suits were pending in both London and the United States, and the London court issued an anti-suit injunction in favor of his clients, prohibiting the other party from proceeding with their action in the United States.  He has also mediated cases in London and Germany. 

Clark also has commercial litigation experience. He has litigated cases of all size and complexity, both for plaintiffs and defendants in federal and state courts, as well as bankruptcy courts representing trustees.  Substantive areas include products, banking, securities and commodities, employment, environmental, contracts and defamation.

 Clark is a past Chair of the Property Insurance Law Committee, Tort, Trial & Insurance Practice Section, of the American Bar Association. He is also a member of the International and Insurance Coverage Litigation Committees of the Tort, Trial & Insurance Practice Section of the ABA and the Defense Research Institute. Clark is a frequent lecturer and author in the area of first-party property insurance. He has spoken at PLRB Large Loss Conferences, as well as at the Property Insurance Law Committee's CLE Meetings.

Clark received his Bachelor's degree in Political Science from the University of Illinois in 1985 (Phi Beta Kappa) and his law degree from the U.C.L.A. School of Law in 1988. He is a member of the Illinois Bar.

Admissions

  • Illinois

Education

  • University of Illinois
    Bachelor of Science degree in Political Science
  • U.C.L.A. School of Law
    Doctor of Jurisprudence

Memberships

  • International and Insurance Coverage Litigation Committees of the Tort, Trial & Insurance Practice Section of the ABA
  • Past Chair and a current member of the Property Insurance Law Committee of TIPS

Courts

  • Illinois Courts (Northern District)

REPRESENTATIVE CASES

One Place. Builder's risk case involving construction of a retail/condominium project in Chicago. Summary judgment rulings in favor of client on statutory bad faith claim (2014 WL 1018192), earth movement limit (2015 WL 4977331) and millions of dollars in costs sought from insurer (2015 WL 2226202).

Ports of Indiana.   Property claim in excess of $12 million relating to a dock on Lake Michigan.

The Herrington, Inc. Jury verdict in favor of insurer on claim involving surface water; affirmed on appeal, 2014 WL 1887292 (2d Dist. May 8, 2014).

Walbridge.   Builder's risk claim in excess of $30 million relating to damage to one of the largest sinking concrete caissons in the United States. Jury verdict in Michigan state court in favor of insurer based on design exclusion.

Aztar.   Business interruption claim in excess of $100 million relating to alleged lost revenues at a casino following the collapse of a garage during the construction of an expansion project.

Office Dept.  Property claim in excess of $27 million litigated in London and Florida relating to damage to a warehouse and distribution facility in England.

July 08, 2013 PUBLICATIONPersonal Jurisdiction and the Stream-of-Commerce Theory: The Illinois Supreme Court Holds That Illinois Has Jurisdiction Over A French Company

In April 2013, the Illinois Supreme Court, in the case of Russell v. SNFA, 987 N.E.2d 778, held that Illinois had personal jurisdiction over SNFA, a French company, that supplied tail-rotor bearings custom made for helicopters manufactured by an Italian company.

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December 01, 2005 PUBLICATIONRecent Developments in Property Insurance Law

For the full version of the article, please contact the author.

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PUBLICATIONRecent Developments In Property Insurance Law

In the wake of Superstorm Sandy, hundreds of lawsuits have been filed in state and federal courts in New York and New Jersey. These courts are trying to manage their dockets in ever more efficient ways. As the two year anniversary of the storm approached, more and more suits were filed. These suits address numerous issues, including application of flood sub-limits to coverages other than actual property damage, such as debris removal and time element.

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PUBLICATIONTime Element Coverages In Business Interruption Insurance

Time Element Coverages In Business Interruption Insurance.    The Brief, Fall 2007  (ABA, Tort Trial & Insurance Practice Section)

For the full version of the article, please contact the author.

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PUBLICATIONMeasuring Damage in a Megaloss If "Like Kind and Quality" Does Not Exist

Measuring Damage in a Megaloss If "Like Kind and Quality" Does Not Exist.  The Brief, Fall 2006  (ABA, Tort Trial & Insurance Practice Section)

For the full version of the article, please contact Clark Schirle.

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PUBLICATIONProperty Insurance Litigation Handbook, 2007

Property Insurance Litigation Handbook,  2007.  Chapter 9, Motions to Dismiss.   (ABA, Tort Trial & Insurance Practice Section) 

For the full version of the article, please contact the Clark Schirle.

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Events

October 29, 2014 EVENTPLRB 2014 Large Loss Conference
PLRB 2014 Large Loss Conference
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June 12, 2014 EVENTLEA 2014 Spring Meeting & Educational Conference
LEA 2014 Spring Meeting & Educational Conference
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January 24, 2013 EVENTLoss Executive Association's 82nd Annual Meeting
Loss Executive Association's 82nd Annual Meeting
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Key Points
Practice Area CASE TYPE
  • Arson
  • Automobile Negligence
  • Bad Faith
  • BI (Business Interruption)
  • Boiler and Machinery - Coverage
  • Catastrophic Injuries
  • Catastrophic Loss
  • CCIP - Contractor Controlled Insurance Program
  • Commercial Litigation
  • Complex Liability Litigation
  • Coverage - Boiler and Machinery
  • Coverage - Business Interruption
  • Coverage - Business Owner's
  • Coverage - First Party Property
  • Coverage - Property
  • Earth Movement - Construction Defect Litigation
  • Energy
  • Extracontractual Claims
  • First Party Coverage Issues
  • International Law
  • Products Liability
  • Third Party Coverage Issues