Dan focuses his practice on insurance coverage and extra-contractual liability litigation, including trials and appeals, as well as Alternative Dispute Resolution. He defends class action cases and has handled a wide variety of civil cases, including matters involving construction liability and construction defects, financial disputes, business torts, antitrust and employment discrimination. Dan has been extensively involved in litigation involving first-party property insurance coverage sought by businesses that lost money during the coronavirus pandemic. He was the first attorney to argue such a case in a federal appellate court, and the first to jury try such a case. Dan leads a team of more than 20 Litchfield Cavo LLP attorneys who have handled over 300 coronavirus property coverage cases in multiple federal courts and 27 state courts.
During his career, Dan has handled state or federal cases in 37 states. From 1987 to 2000, he was heavily involved in insurance environmental coverage litigation and served as lead counsel for insurers in large cases, such as cases against Fortune 100 companies.
In 1998 Dan became a founding partner of Litchfield Cavo LLP.
Practices
- Neuro-Communication Servs., Inc. v. Cincinnati Ins. Co., 2022-Ohio-4379, — N.E.3d –, 2022 WL 17573883; December 12, 2022
- Oral Surgeons P.C. v. The Cincinnati Ins. Co., United States Court of Appeals, No. 20-3211 (Eighth Circuit. 2021); July 2, 2021
- Neuro-Communication Services, Inc. v. Cincinnati Insurance Company, United States District Court, N.D. Ohio, Eastern Division; January 19, 2021, Slip Copy 2021 WL 274318
- Promotional Headwear International v. Cincinnati Insurance Company, United States District Court, D. Kansas; December 03, 2020, — F.Supp.3d — 2020 WL 7078735
- Uncork & Create LLC v. Cincinnati Ins. Co., et al., 2:20-cv-00401, S.D.W. Va., November 2, 2020
- Oral Surgeons, P.C. v. Cincinnati Insurance Company, United States District Court, S.D. Iowa, Central Division; September 29, 2020, — F.Supp.3d — 2020 WL 5820552
- Creation Supply, Inc. v. Selective Ins. Co. of Se., 14 C 08856, N.D. Ill., November 12, 2019
- Peck v. Cincinnati Insurance Company, United States Court of Appeals, Ninth Circuit; June 21, 2018, 727 Fed.Appx. 448 2018 WL 3062002
- Cincinnati Insurance Company v. Roy’s Plumbing, Inc., United States Court of Appeals, Second Circuit; May 31, 2017, 692 Fed.Appx. 37 2017 WL 2347562
- Cincinnati Insurance Company v. Roy’s Plumbing, Inc., United States District Court, W.D. New York; May 29, 2014
- Not reported in F.Supp. 2014 WL 12742665
- C.O. Falter Constr. Co. v. Cincinnati Ins. Co., United States District Court, N.D. New York; March 23, 2012
- Not Reported in F.Supp. 2012 WL 13028649
- Houseman Const. Co. v. Cincinnati Ins. Co., United States District Court, W.D. Michigan, Southern Division; April 23, 2010
- Not Reported in F.Supp.2d 2010 WL 1658959
- Spirco Environmental, Inc. v. American Intern. Specialty Lines Ins. Co., 555 F.3d 637, 2009 WL 233873, C.A.8 (Mo.), February 3, 2009
- Kootenia Homes, Inc. v. Federated Mut. Ins. Co., Court of Appeals of Minnesota; January 31, 2006
- Not Reported in N.W.2d 2006 WL 224162
- Beever v. Cincinnati Life Ins. Co., Court of Appeals of Ohio, Tenth District, Franklin County; June 10, 2003
- Not Reported in N.E.2d 2003 WL 21321428 2003 -Ohio- 2942
- Cincinnati Insurance Co. v. Eastern Atlantic Ins. Co., 260 F.3d 742, 2001 WL 869365, Seventh Cir. 2001
- Hartford Casualty Ins. Co. v. Benchmark, Inc./Taylor Associates, Inc., 1999 WL 33656877, N.D. Iowa, November 9, 1999
- Goodyear Tire & Rubber Co. v. Aetna Cas. and Surety Co., Court of Appeals of Ohio, Ninth District, Summit County; July 12, 1995
- Not Reported in N.E.2d 1995 WL 422733
- Farmer City Community Health Foundation, Inc. v. Cincinnati Ins. Co., 1994 WL 394914 C.D.Ill., 1994
- A.Y. McDonald Industries, Inc. v. Insurance Co. of North America, United States District Court, N.D. Iowa, Eastern Division; December 30, 1993, 842 F.Supp. 1166 1993 WL 562956
- Walgreen Co. v. Selcke, 230 Ill.App.3d 442, 595 N.E.2d 89, 172 Ill. Dec. 26, 1992 WL 109983, Ill.App. 1st Dist. 1992
- A.Y. McDonald Industries, Inc. v. Insurance Co. of North America, Supreme Court of Iowa; September 18, 1991, 475 N.W.2d 607 1991 WL 181933
- Aetna Cas. and Sur. Co. of Hartford, Connecticut v. Kerr-McGee Chemical Corp., United States Court of Appeals, Seventh Circuit; May 05, 1989, 875 F.2d 1252 1989 WL 54812
- Edward Hines Lumber Co. v. Vulcan Materials Co., United States District Court, N.D. Illinois, Eastern Division; August 31, 1987, 669 F.Supp. 854 26 ERC 1662
Education
- The University of Chicago School of Law, JD, 1983
- Drake University, BA, 1980, summa cum laude
- Gamma Gamma
- Mortar Board
- Omicron Delta Kappa
- Phi Beta Kappa
- First alternate from Iowa for the Harry S. Truman Scholarship
Admissions
- Illinois
- Pennsylvania
- United States District Courts: Northern District of Illinois, Central District of Illinois, Southern District of Illinois, District of Colorado, Western District of Michigan, District of Nebraska, District of New Mexico, Southern District of Ohio, Eastern and Western Districts of Pennsylvania, Eastern District of Tennessee, Eastern and Western Districts of Wisconsin
- United States Courts of Appeal: First Circuit, Second Circuit, Third Circuit, Fourth Circuit, Fifth Circuit, Sixth Circuit, Seventh Circuit, Eighth Circuit, Ninth Circuit, Tenth Circuit, Eleventh Circuit
Professional Memberships
- American Bar Association
- American College of Coverage Counsel, Fellow
- Chicago Bar Association
- Council on Litigation Management
- Defense Research Institute (DRI)
- Federation of Defense and Corporate Counsel
- Illinois Association of Defense Counsel
Languages
- English
Related News
Presentations/Publications
- Panelist, “A Look Back at the COVID Fight…Into the Future,” 2023 DRI Insurance Coverage and Practice Symposium (December 2023)
- Co-presenter, “Business Interruption Coverage and COVID-19 Losses: Weathering the Coverage Storm,” American Law Institute CLE (October 2020)
- “Property Damage Update: Pollution Exclusion,” Coverage, Volume 9, Number 2 (March/April 1999)
- “Corporate Relationships and Coverage,” Coverage, Volume 8, Number 6 (November/December 1998)
- “The Polluters’ Web: The Pollution Exclusion and the Question of Deception,” CPCU Journal (Chartered Property Casualty Underwriters) (June 1994)
Recognition
- Martindale-Hubbell AV Preeminent® Peer Review Rated™ attorney, recognized since 2009 for the highest level of professional excellence
- Included among The Best Lawyers in America© annually since 2021 in the area of Insurance Law
- Named to the Illinois Super Lawyers list from 2005-2006 and annually since 2008 in the practice areas of Insurance Coverage, Construction Litigation, Business Litigation, Professional Liability–Defense, and Appellate
- Selected as an Illinois Leading Lawyer annually since 2004 by peers in the practice areas of Commercial Litigation, Insurance and Coverage Defense Law, Personal Injury Defense Law and Toxic Torts Defense Law, a designation received by fewer than five percent of all lawyers licensed in Illinois
- Profiled in 2014 by Leading Lawyers Magazine–Business Edition