Michael McNaughton

Michael McNaughton

Associate Chicago, United States

Admissions

  • Illinois
  • Minnesota
  • US District Court, Central, Northern and Southern Districts of Illinois
  • US District Court, Northern District of Illinois Bankruptcy Court

Education

  • Chicago-Kent College of Law, JD, 2000
  • University of Chicago, BA, 1994

 

Michael joined Kennedys’ Chicago office in July 2019. Michael McNaughton has spent his entire legal career resolving complex coverage claims and commercial business disputes in domestic and foreign jurisdictions. In his practice, he provides claims advice and litigation expertise in domestic and foreign jurisdictions under domestic general liability and Bermuda-form policies. Michael has significant experience addressing environmental matters, directors’ and officers’ liability, errors and omissions, opioid-related mass tort claims and bad faith claims. Michael has also worked with clients to resolve asbestos, construction defect, malicious prosecution, product liability, property, first-party crime and other insurance matters.

Michael graduated from the University of Chicago with a Bachelor of Arts in Political Science, and received his law degree from Chicago-Kent College of Law. He is also a member of the Chicago Lesbian and Gay Bar Association of Chicago. Throughout his career, Michael has written various publications and presented at seminars on a variety of coverage topics.

 

Work highlights

  • Obtained court order and conducted subsequent depositions of policyholder’s in-house attorneys following successful motion to compel showing certain legal department business functions were not subject to privilege
  • Obtained dismissal of complaint seeking defense and indemnity early in litigation for an environmental coverage matter involving the clean-up of a reclamation and recycling facility
  • Acquired summary judgment in contribution matter for non-ripe indemnity claims based on specific policy language requirements for ultimate net loss
  • Negotiated favorable settlements in various coverage and commercial matters involving environmental pollution, land use, municipal water systems and other business contract disputes
  • Obtained injunction in pro bono representation to preserve evidence for state inmate seeking relief for US Constitutional violations involving medical indifference claims

Presentations and publications

  • “A Critical Analysis of the All Sums Ruling in Matter of Viking Pump, Inc.”, Mealey's Litigation Report: Insurance, Vol. 30, No. 35 (July 20, 2016)
  • “Protected Information, Bad Faith, and Problems for In-House Counsel,” DRI In-House Defense Quarterly Institute Publication (Fall 2015/Winter 2016)
  • “Can Your Counsel Keep a Secret? Communicating in Confidence and Protecting Privileges,” Sedgwick’s Insurance Seminar Series, Chicago, IL (June 4, 2014)
  • "The State of Bad Faith in Illinois," Sedgwick's Webinar Series on Insurance Bad Faith Law (November 13, 2013)
  • The Non-Cumulation Clause: Policyholders Cannot Have Their Cake and Eat it Too,” University of Kansas Law Review, (Jan Michaels, Michael J. McNaughton, Sridevi Krishnam) 61 U. Kan. L. Rev (April 2013), Mealey's Litigation Report: Insurance, Vol. 27, No. 29 (June 5, 2013) (commentary digest version)
  • “Tools for Effectively Litigating Coverage: Frenemies Working with Parties on Your Side of the ‘v’; Issues with Electronic-Based Discovery Services”, Chicago Bar Association Presentation, March 2011