Thomas Lucas
Partner
Thomas F. Lucas is a veteran insurance coverage attorney who has a broad base of experience in every type of coverage issue. His vast knowledge of insurance law has made him an invaluable resource for insurers who need quick and “spot on” answers to their insurance dilemmas. Clients appreciate his responsiveness and ability to move cases quickly to a successful conclusion.
Biography
As a partner at McKenna Storer, Tom concentrates his practice on insurance coverage and defense litigation at the trial and appellate levels. Among his clients are West Bend Mutual Insurance Company, Transguard Insurance Company of America, and Professional Solutions Insurance Company.
Tom began his professional career in the area of personal injury defense. He now represents the interests of insurance companies disputing insurance coverage or claims. Some of the cases he recently handled included construction disputes, professional liability coverage, and medical malpractice policy coverages.
The complex legal issues involved in the types of cases he handles take up much of Tom’s time. However, away from the office he enjoys spending time with his family. He is extremely proud of his three children who have dedicated their lives to educating others by becoming teachers.
Representative Decisions
- The John T. Doyle Trust v. Country Mutual Insurance Company,App.2d 121238, (2nd Dist. 2014).
- West Bend Mutual Insurance Co. v. TaltonApp.2d 120814, (2nd Dist. 2013)
- West Bend Mutual Insurance Company v. The People of the State of Illinois, 401 Ill.App.3d 857, 929 N.E.2d 606 (1st Dist. 2010).
- CMK Development Corp. v. West Bend Mutual Insurance Company, 395 Ill. App.3d 830, 917 N.E.2d 1155 (1st Dist. 2009)
- Zurich American Insurance Co., v. Key Cartage, Inc.,et al., 236 Ill.2d 117 (2009), 386 Ill.App.3d 1 (1st Dist. 2008)
- Mele v. Howmedica, Inc., 348 Ill.App.3d 1, 808 N.E.2d 1026 (1st Dist. 2004)
- Martin v. Ortho Pharmaceutical Corp., 169 Ill. 234 (1996), reversing 268 Ill.App.3d 980 (1st Dist. 1994)
- Dixon v. Chicago and Northwestern Transportation Co., et al., 151 Ill.2d 1081 (1992), affirming 209 Ill.App.3d 114 (1st Dist. 1991)
- Doe v. Tag, Inc. n/k/a Childserve, 52 F.3d 1448 (7th Cir. 1995)
- Mayer v. Angelica, 79 F.2d 1315 (7th Cir. 1986)
- Crain v. Stevenson, 601 F.2d 596 (7th Cir. 1979)
- Campagnie Des Bauxites De Guinee v. Argonaut Midwest, et al., 880 F.2d 685 (3rd Cir. 1989)
- Moran v. Gust K. Newberg/Dugan and Meyers, a Joint Venture, 268 Ill.App.3d 999 (1st Dist. 1994)
- Froud v. Cellotex Corp., et al., 107 Ill.App.3d 654 (1st Dist. 1982)
- American Drug Stores, et al. v. AT & T Technologies, et al., 222 Ill. App.3d 153 (2nd Dist. 1991)
- Sheetz v. Morgan, 98 Ill.App.3d 794 (2nd Dist. 1981)
- Kelly v. American Motors Corp., 130 Ill.App.3d 662 (5th Dist. 1985)
- Ragone v. Sentry Ins. Co., et al., 121 Ohio App.3d 362 (1997)
Memberships
- Illinois State Bar Association
- Defense Research Institute
- Illinois Association of Defense Trial Counsel
Highlights
Illinois Super Lawyer 2006, 2012 – 2013, 2021, 2022, 2023, 2024
Education
- University of Illinois, B.A., 1975
- Loyola University, JD, 1978
Admissions
- State of Illinois
- USDC – Southern District of Illinois
- USDC – Northern District of Illinois
- USDC – Central District of Illinois
- USDC – Eastern District of Michigan
- USCA – 3rd Circuit
- USCA – 7th Circuit
Matters
Insurance Company — Insurance Coverage Law
An insurance company declined to defend or indemnify a doctor who was being sued for allegedly sexually assaulting patients. A declaratory judgment action was filed on behalf of the insurer seeking an order declaring that the insurer did not have a duty to defend or indemnify the doctor under the terms of the policy.
Insurance Company — Insurance Coverage Law
Declaratory judgment action on behalf of insurer to rescind a professional liability policy for misrepresentation in the application by the insured-lawyer.
Professional Liability Insurer — Insurance Coverage Law
When an insurer discovered misrepresentations made by the attorney-applicant, it sought a legal means to rescind the professional liability policy it had issued. A declaratory judgment action was commenced on behalf of the insurance company for a judicial declaration that the material misrepresentation permitted rescission of the policy.
General Contractor Insurer — Insurance Coverage Law
When a general contractor was sued based upon a construction defect claim, the contractor’s insurer sought to decline to defend or indemnify based on the terms of the insurance policy. An action was commenced in court seeking a judgment declaring that the insurance carrier represented by McKenna was correct in its interpretation of the policy coverage limits.
Liability Insurance Company — Insurance Coverage Law
An insurance company sought to decline coverage for a claim filed by its insured, a tanning salon. The underlying lawsuit was based upon the improper disclosure of biometric data which violated the terms of the policy of insurance. McKenna filed an action in state court seeking a declaratory judgment declaring that its client did not have a duty to defend or indemnify the salon.
Medical malpractice Insurer — Insurance Coverage Law
A late notice of claim made by a doctor being sued for medical malpractice to an insurance carrier represented by McKenna resulted in the insurer refusing to defend or indemnify the physician in the malpractice lawsuit. An action brought on behalf of the insurance company sought a declaratory judgment to judicially settle the dispute over coverage.
Insurance Company — Insurance Coverage Law
Declaratory judgment action filed on behalf of insurer seeking a declaration that it did not have a duty to defend or indemnify a security company sued in an underlying lawsuit involving a shooting at a nightclub.
Publications
Kotecki Waiver Coverage, West Bend Mutual Insurance Company v. Mulligan Masonry Co. Inc. (IDC Quarterly, 2003, Vol. 13, No. 3)
Prejudice and the Late Notice Defense (Liability Risk and Insurance, Issue 6, 21-24, 1991)
Personal Jurisdiction over Japanese Companies (Journal of the Japanese Institute of International Business Law, 18:1, 31-34, 1990)
Pre-Trial Discovery in a Product Liability Case (Journal of the Japanese Institute of International Business Law, Part One – 18:2, 159-162, 1990, Part Two – 18:3, 289-294, 1990)
Presentations
Insurer v. Insurer: Unraveling Claims Among Insurers, a presentation given at the seminar entitled The Parameters of the Tripartite Relationship, Litigation Management and Beyond; co-sponsored by the Insurance School of Chicago and the Illinois Association of Defense Trial Counsel, November 13, 2003
