Jill B. Berkeley

Ms. Berkeley contributed articles to IRMI.com about liability insurance.

Ms. Berkeley is Of Counsel in the Chicago law firm Neal Gerber & Eisenberg LLP, where she is a member of the firm’s Insurance Policyholder Practice Group. She has concentrated in insurance law and coverage litigation for over 45 years, including the supervision of tort and coverage litigation on the primary and excess levels.  She represents policyholders and claimants in insurance coverage disputes involving toxic torts and hazardous wastes, environmental pollution, construction, products liability, intellectual property, first-party property, business interruption, and excess liability matters.

In addition to her robust litigation practice, Ms. Berkeley provides counsel on clients’ development of proactive risk management strategies, and she frequently serves as an arbitrator, mediator, and expert witness in a variety of disputes involving insurance coverage. She has served on the American Arbitration Association’s Commercial Arbitration panel for over 10 years. She also counsels businesses and professionals in connection with all types of insurance policies, including directors and officers and professional liability, commercial general liability, first-party property, builders risk, and personal and advertising injury liability.She received her J.D. degree from Northwestern University in 1975 and her B.A. degree, magna cum laude, from the University of Michigan, where she was elected to Phi Beta Kappa in 1972.

Reported decisions of cases that she tried or participated in include the following.

• Sentry Ins. v. Continental Cas. Co., et al., 2017 IL App (1st) 161785, affirming Sentry Ins. v. Northwestern Medical Faculty Found., et al., 2016 WL 3566332 (Ill. Cir. Ct. May 19, 2016) Court granted motion to stay insurer’s attempt to extinguish duty to defend through use of extrinsic evidence.
• Sentry Ins. v. Northwestern Medical Faculty Found., et al., 2016 WL 3566332 (Ill. Cir. Ct. May 19, 2016)  Court granted motion to stay insurer’s attempt to extinguish duty to defend through use of extrinsic evidence.
• Cincinnati Ins. Co. v. Blue Cab Taxi Co.,2015 U.S. Dist. LEXIS 408955 (N.D. Ill. Mar, 31, 2015)  Court found settlement between plaintiff and insured was covered but held reasonableness was a question of fact.
• Union Elec. Co. v. Energy Ins. Mut., Ltd., 689 F.3d 968 (8th Cir. (Mo.) 2012) Court reversed dismissal of suit seeking reimbursement of $30 million payment to State of Missouri for environmental remediation holding Missouri public policy may void arbitration clause. 
• Union Elec. Co. v. Aegis Energy Synd. 1225, 713 F.3d 366 (8th Cir. (Mo.) 2013), affirming 2012 U.S. Dist. LEXIS 119584 (E.D. of Mo. Aug. 23, 2012) Court denied motion to compel arbitration on basis of policy provision agreeing to submit to Missouri courts. 
• Fox v. Will County, et al., 2012 U.S. Dist. LEXIS 115255 (N.D. Ill. Aug. 15, 2012) Obtained ruling that Section 1983 attorney award constitutes damages in excess following form policy. 
• Omegaflex v. Pacific Employers Ins. Co.,  App. No. 09-P-628 (Nov. 16, 2010) Developed the strategy for obtaining recovery for d fense costs incurred by product manufacturer in class action, in which threat of property damage was alleged. 
• American Economy Ins. Co. v. Holabird & Root, 886 N.E. 2d 1166 (Ill. App. 2008) Obtained a ruling from the Illinois Appellate Court affirming additional insured coverage for an architect in a subcontractor’s CGL policy.