Peter F. Lovato, lll
Principal
CHICAGO |
200 E. Randolph Dr., Suite 7200
Chicago, IL 60601
Phone: (312) 946-4250
Fax: (312) 946-4272
Email: plovato@bswb.com
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Peter F. Lovato, III, has more than 25 years of experience in the litigation
of business and financial controversies, with a particular emphasis on litigation
involving the liability of corporate directors and officers, attorneys, accountants,
insurance agents and appraisers. Pete also has extensive experience in the
litigation of ERISA cases, especially those involving fiduciary and successor
liability claims. Prior to joining BSWB, Pete served as lead counsel in connection
with claims asserted against some of the most well-known law firms and accounting
firms in the United States.
In recent years, Pete's practice has included a substantial amount of insurance
coverage litigation, the defense of professional malpractice claims and the
litigation of commercial and real estate disputes.
On behalf of insurance company clients, Pete has prosecuted and defended, in
both the state and federal courts, numerous declaratory judgment actions concerning
particular policy provisions typical in directors and officers and other professional
liability policies, including, among others, the "Insured versus Insured" exclusion,
the pollution exclusion, the professional services exclusion and the bodily
injury exclusion. Pete has also litigated a number of rescission actions
and defended claims of bad faith and unfair claims handling practices. With increasing
frequency, Pete is advising insurance company clients regarding the effect
of an insured's bankruptcy on coverage and has litigated coverage disputes in
bankruptcy court. He also counsels excess insurers on a myriad of issues, such
as the obligation of an excess insurer to contribute to the settlement of a claim
where the underlying coverage has not been exhausted by actual payments by the
underlying insurer. A seasoned litigator, Pete also has extensive experience
with various forms of alternative dispute resolution, including arbitrations
and both court-ordered and voluntary mediations. He has successfully negotiated
the settlement of scores of complex financial, commercial and insurance coverage
disputes. He has considerable experience in structuring settlements so as to
maximize the protection afforded to his insurance company clients, including
through the use of policy "buy back" and judgment reduction/bar order provisions
in settlement agreements.
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Practice Areas
Insurance Coverage
Litigation
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Admissions
Illinois, 1976
Texas, 1990
Supreme Court of the United States, 1987
U.S. Tax Court, 1978
U.S. Claims Court, 1978
U.S. Courts of Appeals, Third, Fifth, Sixth, Seventh, Eighth, Eleventh, and District of Columbia Circuits, 1997, 1987, 1987, 2000, 1988, 1990, 1992
U.S. District Court, Northern District of Illinois, 1976, and Trial Bar, 1982
U.S. District Court, Northern District of Texas, 1988
U.S. District Court, Western District of Michigan, 1998
U.S. District Court, District of Colorado, 1999
U.S. District Court, Eastern District of Wisconsin 2000
Education
J.D., Yale Law School, 1976
A.B., Princeton University, 1973
Magna Cum Laude
Phi Beta Kappa
Publications
Accountants Professional Liability Exposures (with Thomas M. Sheffield), published as part of Professional
Liability Insurance (International Risk Management Institute, Inc., 2004)
Litigation Involving Insolvent Financial Institutions, published as part of Dealing
with Insolvent Organizations (State Bar of Texas, Professional Development Program, 1989)
Jurisdiction and Removal Issues, published as part of Selected
Issues in Law (State Bar of Texas, 1989)
At Will Employment Doctrine, (Illinois Institute of Continuing Legal Education, 1985)
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