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K. Clark Schirle is a Partner with the Chicago office of Butler. He has over 30 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 comprehensive 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, stadiums, 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 has comprehensive 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, the Defense Research Institute, and the Claims & Litigation Management Alliance. Clark is a frequent lecturer and author in the area of first-party property insurance. He has spoken at PLRB Large Loss conferences, the Loss Executives Association 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

  • Claims and Litigation Management Alliance (CLM)
  • Defense Research Institute (DRI)
  • International and Insurance Coverage Litigation Committees of the Tort, Trial & Insurance Practice Section of the ABA
  • Loss Executives Association (LEA)
  • Past Chair and a current member of the Property Insurance Law Committee of TIPS

Courts

  • U.s. District Court, Eastern District of Michigan
  • U.s. District Court, Eastern District of Wisconsin
  • U.s. District Court, Northern District of Illinois
  • U.s. District Court, Southern District of Indiana
  • U.s. District Court, Western District of Wisconsin

Experiences

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.

Media

Butler Presents COVID-19 Insurance Litigation Update / Forensic Investigation of Subrogation Claims During COVID-19

Join us as we feature 2 amazing CE Webinars back to back on October 1, 2020. I want to register for both presentations to earn 2 CE Credits. What should I do? Click the first Register Now button for Presentation 1 and fill out the information. Then, click the second Register Now button for Presentation 2 on this page and fill out the information. The presentations will be hosted ...

Delay In Completion Coverage And The Coronavirus

This article was republished in the National Association of Surety Bond Producers website. States, counties and municipalities have issued “stay at home,” “shelter-in-place,” and other orders relating to COVID-19. Many orders require the suspension of non-essential construction projects. The orders typically have exemptions for projects like critical or essential infrastructure, public wo...

Delay in Completion Coverage and the Coronavirus

States, counties and municipalities have issued “stay at home,” “shelter-in-place,” and other orders relating to COVID-19.  Many orders require the suspension of non-essential construction projects.  The orders typically have exemptions for projects like critical or essential infrastructure, public works, and housing. [1] In light of these orders, construction projects around the country...

Coronavirus and Property Insurance Policies

The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. The virus has spread to every state in the United States prompting a variety of responses by federal, state and local governments. Those actions have included orders mandating or recommending social distancing, limiting the number of people who can be in a public venue, closure of restaurants and...

Civil Authority Coverage and the Coronavirus

WILL ORDERS ISSUED BY GOVERNMENTAL AUTHORITIES TO DEAL WITH THE CORONAVIRUS CRISIS TRIGGER CIVIL AUTHORITY COVERAGE? Governmental authorities across the United States have issued orders relating to the coronavirus (COVID-19).  In my home state of Illinois, the Governor has issued executive orders prohibiting all public and private gatherings of 50 people or more, [1]  closing public and private...

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Civil Authority and Ingress/Egress Coverage

©2020. Published in GPSolo, January/February 2020, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. The following ...

Property 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....

Measuring 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....

White Paper: The “Bomb Cyclone” And Flooding In The Great Plains: Flood And Surface Water In Property Insurance Policies

To request a copy of Clark Schirle's "THE "BOMB CYCLONE" AND FLOODING IN THE GREAT PLAINS: FLOOD AND SURFACE WATER IN PROPERTY INSURANCE POLICIES", please click here....

I Feel The Earth Move Under My Feet: Handling Claims Involving Geotechnical Issues And Earth Movement

Clark Schirle presented "I Feel the Earth Move Under My Feet: Handling Claims Involving Geotechnical Issues and Earth Movement" at the LEA 88th Annual Meeting in Fort Lauderdale, FL on January 30, 2019. This presentation discussed earth movement coverage issues that arise from commercial claims involving geotechnical issues....

Clark Schirle Spoke At An Event In Paris On October 25, 2018 On Personal Jurisdiction By American Courts Over Foreign Entities

Clark Schirle, a partner in our Chicago office, spoke at an event on October 25, 2018 in Paris at the Cercle National des Armées.  Clark’s topic was on Personal Jurisdiction by American Courts over Foreign Entities. The event was sponsored by Butler Weihmuller, Cabinet Adrien & Associates, a Paris law firm, and Deborah Nilson & Associates, a New York law firm. Programme S’implante...

Hurricane Florence: Civil Authority and Ingress/Egress Coverage

The hurricane may trigger civil authority or ingress/egress coverage for businesses that are not directly damaged but lose income because they cannot access their operations for a period of time due to a governmental evacuation order. Clark Schirle provides an overview of these coverages and discusses key hurricane cases in this publication in The Brief: Civil Authority and Ingress/Egress Covera...

CTRL Your Future 2018 Laptop

For the third year in a row, Butler Weihmuller Katz Craig has spread some end of the school year cheer to seniors in eight different locations. Butler’s annual CTRL Your Future essay contest was created by the Firm’s Community Service Committee to recognize deserving high school seniors who have exhibited a commitment to their academics. The winners in each city received a brand-new laptop wit...

Plrb Large Loss Conference – A Loss Trifecta – Bytes, Bankruptcy & Business Interruption

Clark Schirle from Butler Weihmuller Katz Craig presented in Ft. Worth, Texas at the PLRB Large Loss Conference on the topic of "A Loss Trifecta - Bytes, Bankruptcy & Business Interruption"....

Harvey and Irma: Coverage and Meteorological Perspectives

Hurricanes Harvey and Irma have struck the United States, causing widespread damage. Dr. Jason Webster, a meteorologist, and Mr. Clark Schirle, a Partner in Butler's Chicago office, provided an informative presentation regarding these storms. Dr. Webster discussed the flooding, storm surge, rainfall and other phenomena associated with the Hurricanes. Mr. Schirle discussed policy coverages, exclu...

Ransomware is taking the world by storm; does insurance respond?

On June 27, 2017, the world had its second major ransomware attack in two months, and experts are predicting more to come. The first, named WannaCry, began May 12, and quickly spread to over 400,000 machines, the vast majority of which were using outdated Windows operating systems. Within one day the virus was in 150 countries. Within four days the damages were estimated at over a billion dollars....

Earth Movement: “Any” Means Any; Home-Owners Insurance Company v. Dominic F. Andriacchi (Michigan Court of Appeals)

Property policies typically include an exclusion for loss caused by or resulting from earth movement. Some insurers will provide coverage for the earth movement, but that coverage will usually have a sub-limit. For years, courts across the country have considered whether an earth movement exclusion in a policy applies only when the earth movement losses are caused by or stem from natural causes or...

CTRL Your Future

For the second year in a row, Butler Weihmuller Katz Craig has spread some end of the school year cheer to seniors in eight different locations. Butler’s annual CTRL Your Future essay contest was created by the Firm’s Community Service Committee to recognize deserving high school seniors who have exhibited a commitment to their academics. The winners in each city received a brand-new laptop wi...

Lea’s 86th Spring & Education Conference

Clark Schirle from Butler Weihmuller Katz Craig along with co-presenters John O’Leary and Thomas Tesoriero presented in Newport, RI at LEA's 86th Spring & Education Conference on the topic of "Investigating and Managing Major Marine Structure Claims" on June 7, 2017. Claims involving marine structures, such as docks, present unique challenges. The presentation provided an overview of th...

Builder’s Risk Claims

K. Clark Schirle presented a Continuing Education Credit presentation to Swiss Re on May 25, 2016. Clark’s topic was “Builder’s Risk Claims.”...

Annual Conference Of The Claims And Litigation Management Alliance (Clm)

Clark Schirle presented at the 2016 Annual Conference of The Claims and Litigation Management Alliance (CLM), April 6—8, 2016. Clark presented, “Complex Builder’s Risk Claims.”...

Historic South Carolina Flooding and Coverage Issues

The recent historic flooding in South Carolina has caused extensive property damage. As a result, property insurers will face a myriad of coverage issues including the applicability of water exclusions and the enforceability of anti-concurrent cause provisions. Clark Schirle, a partner in Butler's Chicago office, has extensive experience with these types of claims. His White Paper addresses key co...

Business Interruption Losses: The Interruption Must Be Caused By The Insured Physical Damage

Business interruption insurance is designed to compensate an insured for its actual business interruption losses resulting directly from physical damage by an insured peril to the insured’s covered property. An insured has the burden to establish certain elements: (1) physical damage; (2) caused by a covered peril; (3) to covered property; (4) an actual and necessary interruption of the insured...

Time Element Coverages In Business Interruption Insurance

Generally, business interruption insurance is designed to compensate an insured for its actual business interruption losses resulting directly from physical damage by a peril insured against to the insured's covered property. Business interruption insurance is tied directly to a first-party property policy's coverage for physical damage to the insured's property. It is not standalone coverage and ...

Plrb 2014 Large Loss Conference

Clark Schirle spoke at the PLRB 2014 Large Loss Conference on October 29—31, 2014. He presented, "Major Contingent Business Interruption Claims in a Global Environment."...

Lea 2014 Spring Meeting & Educational Conference

Clark Schirle spoke at the LEA's Spring Meeting & Educational Conference in Boston, MA. Clark's topic was, "Builder's Risk Claims."...

Personal 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. PERSONAL JURISDICTION AND THE STREAM-OF-COMMERCE THEORY ...

Loss Executive Association’s 82nd Annual Meeting

Clark Schirle spoke at the Loss Executives Association’s Annual Meeting in Tampa on January 24 and 25, 2013. Clark's topic was "Rule School 2013—Adjuster Ethics in Property Claims."...

Recent Developments In Property Insurance Law

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

K. Clark Schirle