K. Clark Schirle

K. Clark Schirle: Attorney with Butler Weihmuller Katz Craig

Biography

K. Clark Schirle is a Partner at Butler. He has over 28 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, stadiums, synfuel plants, coal mines, carpet mills, casinos, industrial furnaces, airports, high schools, stadiums 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, the Inland Marine Underwriters Association, 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.

Publications

September 02, 2015 PUBLICATION 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 its purpose is not to compensate the insured for any and all negative effects on its business that may result from a covered peril.

July 08, 2013 PUBLICATION 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.

December 01, 2005 PUBLICATION Recent Developments in Property Insurance Law

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

PUBLICATION Recent 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.

PUBLICATION Time 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.

PUBLICATION 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 .

PUBLICATION 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 .

Media

eAlerts

October 09, 2015 eALERT 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.

Webinars

September 28, 2017 WEBINARS 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, exclusions and issues, focusing on and discussing case law regarding what constitutes a flood, storm surge, and surface water.

Blog Posts

July 13, 2017 BLOG POST Ransomware is taking the world by storm; does insurance respond?

Although ransomware attacks have existed for some time, they have recently increased in scope and severity. There will be more in the future. Unfortunately, companies around the world have suffered significant losses from these attacks. If a company submits its losses to an insurance carrier, one has to carefully study and analyze the types of policies the company has purchased, and the policies’ coverage terms, conditions, and exclusions in light of the facts.

July 05, 2017 BLOG POST Earth Movement: Any Means Any; Home-Owners Insurance Company v. Dominic F. Andriacchi (Michigan Court of Appeals)

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 phenomena, or whether it applies to earth movement losses from both natural and man-made causes.

Community

June 22, 2017 COMMUNITY 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 commitment to their academics. The winners in each city received a brand-new laptop with a full Microsoft Office Suite installed to assist them in their studies in the fall at their four-year college.

Events

November 15, 2017 EVENT PLRB Large Loss Conference - A Loss Trifecta - Bytes, Bankruptcy & Business Interruption

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

June 07, 2017 EVENT 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.

May 25, 2016 EVENT Builder's Risk Claims

Continuing Education Credit Presentation

April 06, 2016 EVENT Annual Conference of The Claims and Litigation Management Alliance (CLM)

Complex Builder’s Risk Claims

October 29, 2014 EVENT PLRB 2014 Large Loss Conference

Major Contingent Business Interruption Claims in a Global Environment

June 12, 2014 EVENT LEA 2014 Spring Meeting & Educational Conference

Builder's Risk Claims

January 24, 2013 EVENT Loss Executive Association's 82nd Annual Meeting

Rule School 2013 - Adjuster Ethics in Property Claims

Areas of Practice (7)

  • Casualty Defense Litigation
  • Construction
  • Extra-Contractual
  • First-Party Coverage
  • Product Liability
  • Product Recall
  • Third-Party Coverage

Education & Credentials

Contact Information:
(312) 456-0900  Phone
www.butler.legal
University Attended:
University of Illinois, B.A., Political Science, 1985
Law School Attended:
University of California at Los Angeles, J.D., 1988
Year of First admission:
1988
Admission:
Illinois; U.S. District Court, Northern District of Illinois; U.S. District Court, Eastern District of Michigan
Memberships:

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
•Past Chair and a current member of the Property Insurance Law Committee of TIPS

Birth Information:
Decatur, Illinois, October 7, 1963
Reported Cases:
Case Type: Arson; Bad Faith; 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; Energy; Extracontractual Claims; International Law; Products Liability; Third Party Coverage Issues; Experience: 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.;
ISLN:
903978963

Peer Reviews

  • 4.9/5.0 (14)
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

    4.9/5.0
  • Analytical Capability

    4.9/5.0
  • Judgment

    4.9/5.0
  • Communication

    4.9/5.0
  • Legal Experience

    4.9/5.0
  • K. Clark Schirle

    5.0/5.0 by a Other Legal Professional on 02/15/11 in Insurance Coverage Defense on 02/15/11

    Mr. Schirle is an excellent trial lawyer in the area of insurance coverage. He has tried successfully complex insurance coverage matters for my company and other clients...

    Read more

    Mr. Schirle is an excellent trial lawyer in the area of insurance coverage. He has tried successfully complex insurance coverage matters for my company and other clients.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • K. Clark Schirle

    5.0/5.0 by a Senior Associate on 02/13/11 in Insurance Coverage Defense on 02/13/11

    Mr. Schirle practices at the highest level of knowledge, ability and ethics.

    Read more

    Mr. Schirle practices at the highest level of knowledge, ability and ethics.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • K. Clark Schirle

    5.0/5.0 by a Partner on 01/28/11 in Insurance Coverage on 01/28/11

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • K. Clark Schirle

    5.0/5.0 by a Partner on 01/27/11 in Insurance Coverage on 01/27/11

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • K. Clark Schirle

    5.0/5.0 by a Of Counsel on 01/27/11 in Property Insurance Coverage on 01/27/11

    Clark is a very talented member of the property insurance bar.

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    Clark is a very talented member of the property insurance bar.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • K. Clark Schirle

    5.0/5.0 by a Of Counsel on 01/27/11 in Litigation on 01/27/11

    Clark is a fine man and an excellent lawyer. It was my privilege to have him as a partner for many years.

    Read more

    Clark is a fine man and an excellent lawyer. It was my privilege to have him as a partner for many years.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • K. Clark Schirle

    5.0/5.0 by a Member on 01/27/11 in Insurance Coverage Defense on 01/27/11

    Very capable and practical attorney

    Read more

    Very capable and practical attorney

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
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  • K. Clark Schirle

    5.0/5.0 by a Associate/Assistant General Counsel on 12/02/10 in Litigation on 12/02/10

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • K. Clark Schirle

    5.0/5.0 by a Partner on 11/08/10 in Insurance Coverage on 11/08/10

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • K. Clark Schirle

    5.0/5.0 by a Other Legal Professional on 10/30/10 in Insurance Coverage Defense on 10/30/10

    Mr. Schirle is an excellent insurance coverage expert and litigator. He has achieved outstanding results in complex insurance coverage litigation, particularly in the ar...

    Read more

    Mr. Schirle is an excellent insurance coverage expert and litigator. He has achieved outstanding results in complex insurance coverage litigation, particularly in the area of first-party property insurance coverage.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less

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