Eileen King Bower

Full Profile

Eileen King Bower represents insurers in high-exposure, complex coverage disputes arising under various lines of insurance. Eileen is often retained by her clients to develop and implement resolution strategies in difficult, multi-party actions and has consistently achieved highly favorable rulings and settlements.

Eileen has represented insurers in litigated coverage disputes involving claims under commercial property policies and long-tail environmental and asbestos claims under third-party liability policies. In that capacity, she has served as lead litigation and trial counsel as well as appellate counsel for more than 30 years. Eileen has also provided advice and counseling to insurers with respect to personal and advertising injury/privacy claims, healthcare liability, general liability, professional liability, errors and omission and commercial crime policies. She regularly counsels clients with respect to underlying claims involving complex insurance coverage issues, including the nature and extent of the duty to defend; targeted tender; trigger of coverage; allocation; bad faith; other insurance provisions; policyholder and other insurer insolvencies; late notice; and breach of cooperation. In addition, Eileen served as national coordinating counsel for a major insurer’s sexual abuse claims.

Eileen completed the Mediation Skills Certificate Program at Northwestern University School of Professional Studies, which allows her to serve as a mediator in connection with state and federal court panels as well as in a variety of insurance coverage disputes and complex litigation.

Eileen is recognized by Chambers USA for “Insurance: Dispute Resolution” and by Legal 500 USA for “Insurance: Advice to Insurers” and was named a Fellow of the Litigation Counsel of America.

Eileen is Chair of the firm's North American Board.

Admissions

• Illinois
• US District Courts for the Northern and Southern Districts of Illinois
• US District Court for the Southern District of Indiana
• US District Court for the Eastern District of Michigan
• US Courts of Appeals for the First, Sixth, Seventh and Ninth Circuits

Education

• J.D., Loyola University, 1988
• B.A., cum laude, Loyola University, 1987

Memberships

• American Bar Association
• Chicago Bar Association
• Illinois Bar Association
• Trial Law Institute
• Leadership Council of the Mercy Home for Boys and Girls in Chicago

Experience

Reported decisions and significant trial court opinions

• Obtained dismissal on behalf of commercial property insurer in numerous declaratory judgment and breach of contract actions brought by policyholders related to Covid-19 business interruption losses in state and federal courts across the country. Served as lead counsel for client in matters before Illinois appellate court where the dismissal was affirmed based on contamination exclusion and lack of direct physical loss or damage. 
• Served as coordinating counsel for insurer in connection with coverage litigation involving nature and extent of communicable disease coverage for Covid-19 related losses.
• Represented insurer in action brought by a policyholder seeking to recover sums paid in settlement and defense of underlying action arising out of alleged fraud and misrepresentation in sale of a subsidiary. The Seventh Circuit affirmed summary judgment in favor of our client, finding that amount sought by policyholder was restitution, not “covered loss,” within the meaning of the insurance policy at issue.
• Represented insurer at trial and on appeal in matter of first impression construing Nebraska law. The Nebraska Supreme Court upheld the trial court’s verdict, finding that our client was liable for a pro rata share of costs incurred in remediating environmental contamination and rejecting the policyholder’s argument that the insurer must pay “all sums” incurred.
• Served as lead trial and appellate counsel and successfully defeated claims made under a marine policy issued to a terminal operator by the owner of a pipeline seeking to recover millions of USD dollars as the result of a pipeline explosion. The court rejected the pipeline owner’s claim that it was an insured under the policy at issue.
• Obtained summary judgment on behalf of insurer in action where the policyholder sought to recover for claims asserted by two individuals who alleged they were wrongfully charged, arrested, and convicted of murder. The court found no “wrongful act” during the insurance policy periods.
• Obtained partial summary judgment on behalf of insurer based on pollution exclusion. The ruling precluded the policyholder from obtaining coverage for clean-up costs under several insurance policies.

Other representative experience

• Served as lead counsel for general liability insurer in matters pending in various states, including Illinois, Minnesota, and Ohio, with respect to asbestos coverage litigation arising in connection with a so-called “pre-packaged” bankruptcy proceeding.
• Successfully obtained order of rescission for series of general liability policies issued to manufacturer of plumbing products, eliminating potential exposure of over USD 10 million for our client.
• Represented insurer in several high-exposure matters arising out of alleged Ponzi schemes by owners/operators of “Qualified Intermediaries” under IRS Code Section 1031.