David E. Heiss is a shareholder and member of the Board of Directors of Kanaris, Stubenvoll & Heiss, P.C. Mr. Heiss has more than twenty years of experience in commercial, tort, insurance, reinsurance and corporate litigation. He also has extensive experience in the litigation of large complex first-party property coverage disputes including numerous disputes in excess of $100 Million and has tried cases to verdict in numerous state and federal jurisdictions throughout the country. Mr. Heiss also successfully represents insureds in defense of claims covered under CGL Policies and Professional Liability Policies and his subrogation practice includes representing subrogated insurers and uninsured or underinsured corporations on a national basis.

Representative cases of Mr. Heiss’ practice include:

  • Obtained summary judgment in favor of a large market of domestic and international insurers in a $90 million first-party coverage dispute with Nucor Corporation
  • Overturned the largest verdict in Tennessee history ($204 million) and obtained judgment as a matter of law in the Court of Appeals regarding a High-Hazard Flood Zone Sub-limit issue which the Tennessee Supreme Court ultimately affirmed
  • Successfully obtained a defense verdict in an arson and fraud case in favor of Hartford Casualty Insurance and against the policyholder, Jonathan Pepper Company
  • Prevailed via summary judgment before the Northern District of Illinois and the Seventh Circuit Court of Appeals, defining liability for the conduct of retail agents and wholesale brokerage firms in a $20 million dispute
  • Obtained summary judgment, later affirmed by the Eighth Circuit Court of Appeals, finding that the insured, a retail apparel store, committed fraud in the submission of its insurance claim
  • Prevailed via summary judgment before the Western District of Washington and the Ninth Circuit Court of Appeals in a loss arising from the Nisqually Earthquake which resolved issues of first impression concerning contractual suit-limitations and the time period to remove to federal court
  • Obtained summary judgment on behalf of Lexington Insurance Company involving the difference between blanket and scheduled coverage limits which was affirmed by the Ohio Supreme Court
  • Obtained numerous subrogation recoveries in excess of $1 million
  • Resolved an issue of first-impression concerning architect liability for implied warranties of inhabitability in favor of his client which was ultimately affirmed by the Illinois Supreme Court

Mr. Heiss has been invited on multiple occasions to speak on the subject of property insurance coverage including coverage issues which arose out of the September 2001 terrorist attacks, Hurricane Katrina and the handling of bad faith insurance claims.

Mr. Heiss is also active in his community. He currently serves as the Vice President for Arlington Cowboy Youth Football. Mr. Heiss is in his thirteen-year coaching football for the Arlington Cowboys and in his fifteen-year coaching baseball for the Arlington Heights Youth Athletic Association and the Arlington Cardinals Baseball Club. For nine years he served on the Management Council for our Lady of the Wayside Church where he provided counsel concerning parish financial issues.

EDUCATION

J.D., John Marshall Law School, 1997

B.S., DePauw University, 1993

ADMISSIONS

Illinois State Bar

United States District Court for the Northern District of Illinois

Trial Bar, United States District Court for the Northern District of Illinois

United States District Court for the Southern District of Illinois

United States Court of Appeals for the Seventh and Ninth Circuits

CONTACT

dheiss@kshlaw.com

Direct Dial: 312-474-4386

Facsimile: 312-474-1410

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