People
W. Joel Vander Vliet
Partner
- Chicago
Biography
Joel Vander Vliet is an experienced coverage attorney who counsels domestic and international insurers in complex and high exposure coverage matters. For nearly two decades, he has counseled insurers on unique and challenging legal issues arising from all aspects of the insurance business, from underwriting and policy drafting, to coverage determinations and strategic claims handling advice, to efficient and favorable resolution of coverage disputes and pursuit of other sources of recovery.
Joel regularly represents clients in federal and state trial courts, appellate courts, mediations, and arbitrations across the country involving disputes with insureds over insurance coverage, bad faith claims, and disputes between insurers. He has broad experience and expertise in a wide variety of insurance lines, including directors and officers and management liability, professional liability, commercial general liability, product recall and product contamination, pollution liability, employment practices liability, financial institution bonds and cyber liability and data breach policies.
Clients have told Chambers USA that they trust Joel with “some of our most prominent matters,” describing him as “responsive and helpful” and noting that “the depth and breadth of his knowledge is exceptionally strong.”
Joel regularly represents clients in federal and state trial courts, appellate courts, mediations, and arbitrations across the country involving disputes with insureds over insurance coverage, bad faith claims, and disputes between insurers. He has broad experience and expertise in a wide variety of insurance lines, including directors and officers and management liability, professional liability, commercial general liability, product recall and product contamination, pollution liability, employment practices liability, financial institution bonds and cyber liability and data breach policies.
Clients have told Chambers USA that they trust Joel with “some of our most prominent matters,” describing him as “responsive and helpful” and noting that “the depth and breadth of his knowledge is exceptionally strong.”
PROFESSIONAL ASSOCIATIONS
- Professional Liability Underwriting Society (PLUS), Midwest Chapter Steering Committee, 2018 - Present
Experience
EXPERIENCE
- Grinnell Mutual Reinsurance Co. v. S.B.C. Flood Waste Solutions, Inc., 113 F.4th 768 (7th Cir. Aug. 21, 2024). Won summary judgment for insurer in district court and affirmance on appeal finding general liability policy rescinded based on material misrepresentations in application.
- Giant Eagle, Inc. v. American Guarantee and Liability Ins. Co., 2021 WL 6276267 (W.D. Pa. May 25, 2021). Obtained ruling that defense costs incurred in defense of opioid claims are not “loss” under primary policy and thus excess policy had not been triggered and excess insurer had no duty to defend.
- Joseph T. Ryerson & Son, Inc. v. Travelers Indemnity Co. of America, 2020 IL App (1st) 182491. Obtained affirmance of trial court's summary judgment for insurer and dismissal of “bad faith” claims under Illinois Insurance Code Section 155, with appellate court holding that a settlement demand in excess of limits does not create a conflict of interest entitling the insured to independent defense counsel.
- Stratford Ins. Co. v. Allied World National Assurance Co., No. 2017 CH 16856 (Cir. Ct. Cook Cty., Ill. Feb. 20, 2019). Won judgment on the pleadings in dispute between two claims-made insurers over coverage for defense and settlement based on the court’s finding that police officer’s claims against his employer for wrongful termination and racial discrimination were not first made during our client’s policy period.
- Verdun et al. v. Twin City Fire Ins. Co., No. 2:17-CV-11254 (E.D. Mich Aug. 27, 2018). Won motion for judgment on the pleadings finding claim against private company CEO was not covered because it was made against him in his capacity as owner, not CEO, and claim against company was barred by contractual liability exclusion.
- Hendricks v. Novae Corporate Underwriting, Ltd., No. 13 C 5422, 2016 WL 397286 (N.D. Ill. Feb. 1, 2016), No. 13 C 5422, 2015 WL 1842227 (N.D. Ill. Apr. 21, 2015). Obtained summary judgment finding no coverage for insured’s $5.12 million no-recourse settlement, consent judgment and assignment of rights.
- XL Specialty Ins. Co. v. Perry, No. CV 11-02078-RGK JCGX, 2012 WL 3095331 (C.D. Cal. June 27, 2012). Litigated and mediated several disputes over coverage for claims arising from the collapse of subprime lender in state, federal, and bankruptcy court to summary judgment, obtaining ruling that various claims were not covered under $80 million directors and officers insurance tower.
- Advised national physician practice regarding professional liability program and claims management.
- Assisted insurers in drafting new policy forms and endorsements, including public company management liability, private company management liability, professional liability and specialty investment company and financial institution insurance products.
- Provided advice and recommendations to self-insured hospital network regarding policy wording.
- Advised leading global investment bank in connection with annual renewal of its directors’ and officers’ liability insurance program and potential coverage issues.
Results
Skarzynski Marick Prevails in Seventh Circuit Rescission Case
08/22/2024Skarzynski Marick & Black LLP attorneys Mike Marick and Joel Vander Vliet secured an appellate victory for Grinnell Mutual Reinsurance Company affirming the lower court’s ruling on summary judgment entitling Grinnell to rescission.
Skarzynski Marick Secures Appellate Victory on Duty to Defend Antitrust Lawsuit and Insured’s Claim of Conflict of Interest Requiring Independent Counsel
04/16/2020The Appellate Court of Illinois published an opinion on April 7, 2020, affirming that Skarzynski Marick’s client did not have a duty to defend antitrust allegations under a CGL policy and that a policyholder’s potential liability in excess of limits did not create a conflict of interest.
Skarzynski Black Wins Judgment on Insured Capacity and Contract Exclusion
12/03/2018Court enters judgment on the pleadings for Skarzynski Black client, ruling that claims were not made against CEO in his insured capacity and contract exclusion barred coverage for claims against company.
Seventh Circuit Affirms Insurer Not Liable for Insured’s Collusive Settlement
08/18/2017Skarzynski Black prevailed in an appeal of a summary judgment ruling that a settlement by an insured defendant was unenforceable against its insurer.
Skarzynski Black Defeats Assignee’s Claim under Consent Judgment
03/01/2016Skarzynski Black attorneys obtained two favorable rulings for their clients in an action for declaratory judgment and breach of contract, resulting in a final judgment and total victory.
PUBLICATIONS & PRESENTATIONS
- Lawyers Professional Liability Exposures, January 2019 Update, Co-Author.
- D&O Litigation Trends in 2012, February 2013, Author.
- The Changing Landscape of Public Company D&O Risk: Underwriting Challenges Posed by Evolving Exposures, May 14, 2019, Panel Moderator.
Publications
Developments and Trends in Lawyers’ Professional Liability Exposures
01/23/2019Evan Shapiro, Joel Vander Vliet and Andrew Gerow co-authored a comprehensive update on developments in lawyers’ professional liability in Professional Liability Insurance published by the International Risk Management Institute.