K. Clark Schirle is a Partner with the Chicago office of Butler. He has over 30 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 comprehensive 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 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 has comprehensive 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 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.
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.
Publications
May 05, 2020 PUBLICATION DELAY IN COMPLETION COVERAGE AND THE CORONAVIRUS
States, counties and municipalities have issued “stay at home”, “shelter-in-place”, and other orders relating to COVID-19. Many orders require the suspension of non-essential construction projects. The orders typically have exemptions, for projects like critical or essential infrastructure, public works, and housing. In light of these orders, construction projects around the country will be delayed...
February 21, 2020 PUBLICATION Civil Authority and Ingress/Egress Coverage
The devastation wrought by Hurricanes Harvey,Irma, and Maria in 2017 left many businesses damaged...
April 02, 2019 PUBLICATION WHITE PAPER: THE BOMB CYCLONE AND FLOODING IN THE GREAT PLAINS: FLOOD AND SURFACE WATER IN PROPERTY INSURANCE POLICIES
In March 2019, a “bomb cyclone” struck the Great Plains, producing blizzard like conditions, high winds, heavy rains, and causing historic flooding, primarily in eastern Nebraska and western Iowa. There was extensive property damage...
April 09, 2018 PUBLICATION HARVEY AND IRMA: CIVIL AUTHORITY AND INGRESS/EGRESS COVERAGE
Hurricanes Harvey and Irma have struck the United States causing damage to businesses. Companies have lost income because their facilities were physically damaged by wind and/or water. Some businesses may not have been directly damaged but have lost income because they could not access their operations for a period of time due to a government evacuation order and/or water in the area. If a company’s facilities were not physically damaged, but they could not access their operations, there might be coverage under an insurance policy under civil authority and/or ingress/egress coverage. This paper will provide an overview of such coverages.
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 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
April 13, 2020 BLOG POST DELAY IN COMPLETION COVERAGE AND THE CORONAVIRUS
States, counties and municipalities have issued “stay at home”, “shelter-in-place”, and other orders relating to COVID-19. Many orders require the suspension of non-essential construction projects. The orders typically have exemptions, for projects like critical or essential infrastructure, public works, and housing. In light of these orders, construction projects around the country will be delayed...
March 18, 2020 BLOG POST CIVIL AUTHORITY COVERAGE AND THE CORONAVIRUS
Other states have taken even more drastic action. For example, the Mayor of Philadelphia ordered the shutdown of all nonessential businesses, followed shortly by a similar order by the Governor of Pennsylvania...
September 19, 2018 BLOG POST Hurricane Florence: Civil Authority and Ingress/Egress Coverage
The hurricane may trigger civil authority or ingress/egress coverage for businesses that are not directly damaged but lose income because they cannot access their operations for a period of time due to a governmental evacuation order.
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 14, 2018 COMMUNITY CTRL Your Future
For the third 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.
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
January 30, 2019 EVENT I Feel the Earth Move Under My Feet: Handling Claims Involving Geotechnical Issues and Earth Movement
Clark Schirle presented I Feel the Earth Move Under My Feet: Handling Claims Involving Geotechnical Issues and Earth Movement at the LEA 88th Annual Meeting in Fort Lauderdale, FL on January 30, 2019. This presentation discussed earth movement coverage issues that arise from commercial claims involving geotechnical issues.
October 25, 2018 EVENT Clark Schirle spoke at an event in Paris on October 25, 2018 on Personal Jurisdiction by American Courts over Foreign Entities
SAVE THE DATE - jeudi 25 octobre 2018 / Thursday, October 25, 2018
November 15, 2017 EVENT PLRB Large Loss Conference - A Loss Trifecta - Bytes, Bankruptcy & Business Interruption
Clark Schirle from Butler Weihmuller Katz Craig presented 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
