Michael A. Kuiken

 

For over fifteen years, Mike Kuiken has concentrated his practice in the areas of excess and primary insurance coverage, commercial litigation, construction litigation, and products liability. Mike also possesses experience in commercial subrogation, premises liability, transportation litigation, tort defense, financial services litigation, and regulatory advisory matters. Mike has represented clients in over 40 venues nationwide.

Over the course of his career, Mike has served as lead counsel in numerous trials and arbitrations, including successfully representing an insurer in seeking over $100 million in damages from its former managing general agent for losses incurred due to the managing general agency’s violations of the insurer’s underwriting guidelines.

Mike also represents excess and primary insurers in a variety of coverage disputes. For example, in a matter arising out a catastrophic crane collapse, Mike represented a primary insurer under a CGL policy which was sued by its excess insurer for $25 million in damages related to the defense of the underlying litigation. Mike has also represented and advised primary and excess insurers in coverage disputes with insureds and co-insurers under liability coverages, including those arising from owner-controlled (“OCIP”) and contractor-controlled (“CCIP”) insurance programs.

Mike has also helped shape Illinois law on key issues relating to construction defect claims, most notably in Board of Managers of 15th Place Condo Ass’n. v. South Campus Development Team, et al., 2013 IL App (1st) 122292, where Mike was part of a team that secured victory on the issue of operation of the contractual suit limitations provisions found at Articles 8.3/9.3 of the standard 1997 AIA form Owner-Architect and Owner-General Contractor agreements. The case marked the first time in U.S. jurisprudence that an appellate court had interpreted the suit limitations provision in a third party context. Mike has also represented governmental entities, including obtaining a favorable settlement for less than the cost of defense while serving as second chair trial counsel in a construction negligence matter where plaintiffs sought over $20 million in damages.

Mike has obtained multiple insurance and construction-related professional certifications, including CPCU, AIC-M, and CRIS. Mike also conducts CLE seminars for his insurance clients, focusing on key trends in the industry and industry forecasts.

Prior to his legal career, Mike worked professionally as a television sports anchor and reporter for FOX and ABC affiliates in Louisiana and Tennessee, respectively.

Representative Matters

  • A $70 million Bermuda Form excess exposure arising out of bodily injury allegedly caused by insured’s agricultural products.
  • A $70 million Bermuda Form excess exposure arising out of property damage allegedly caused by insured’s products.
  • A midtown Manhattan crane collapse and a $25 million general liability exposure.
  • A $1.5 million D&O exposure arising from alleged negligence and Medicare fraud.
  • A $1 million professional liability exposure arising from alleged attorney fraud and theft.
  • A $15 million environmental cleanup claim and general liability exposure arising from multi-state soil contamination.
  • A $25 million ERISA claim under a D&O policy arising out alleged mismanagement of pension plan funds.
  • Litigation and trial counsel for insurer seeking more than $100 million in damages from its former MGA for violation of insurer’s underwriting guidelines.
  • Litigation and trial counsel in a $20 million construction negligence matter.
  • Successful solo trial counsel in three jury trials and over twenty arbitrations.

Education

  • The University of Michigan, Ann Arbor, BA, Political Science
  • The University of Michigan Law School, JD

Licenses

Illinois

  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Eastern District of Michigan

Professional and Volunteer Organizations

Professional Organizations:

  • Chicago Volunteer Legal Services (Member, Junior Board)
  • CPCU Society of Chicago (Member, Board of Directors)
  • Professional Liability Underwriting Society (Member, Steering Committee- Chicago Chapter)
  • Illinois State Bar Association (Member)

Professional Certifications and Recognition:

  • Chartered Property Casualty Underwriter (CPCU)
  • Associate in Claims- Management (AIC-M)
  • Construction Risk and Insurance Specialist (CRIS)
  • “Emerging Lawyer” (Leading Lawyers Network) for 2015, 2016, 2017, 2018, and 2020