Patrick Frye is a Partner in the Litigation Practice Group. He represents insurance and reinsurance companies in commercial litigation, including antitrust claims and coverage disputes. He advises clients on litigation strategy and appears before arbitration panels and state and federal courts.

Patrick has represented client insurers in disputes over a wide variety of insurance products, including CGL, E&O/professional liability, D&O, and long-term disability policies. He was second chair in a trial that resulted in a $5 million verdict in favor of his client, a reinsurer overbilled by the defendant ceding insurer. He was second chair in an arbitration that decided that the 9/11 World Trade Center terrorist attack was one event only. Therefore his client reinsurer was not liable to pay a second $15 million to the ceding insurer.

Representative Matters

  • Won dismissal of a disability policyholder’s claim to reform the terms of his policy as time-barred, and won summary judgment on his claim for coverage under the actual terms of his policy.
  • Served as second chair at an arbitration concerning the number of 9/11 World Trade Center events under a reinsurance treaty, resulting in the release of a $14.4 million letter of credit to the client.
  • Represented an excess insurer against a manufacturer’s belated claim for coverage of its asbestos liabilities.
  • Represented a reinsurer in a collection dispute against two retrocessionaires, settling with one and winning summary judgment against the other.
  • Won summary judgment, including attorney’s fees, for an insurer seeking collection under its $1 million deductible from a worker’s compensation policyholder.
  • Represented a business-auto insurer against a railroad that sought coverage under a “designated insured” form included in its subsidiary’s policy.
  • Counseled a reinsurer on its breach of contract claim against its former management.
  • Won judgment for a professional liability insurer against a claim for coverage of a $1.25 million judgment entered against the policyholder.
  • Represented an insurer in the course of adjusting a claim for property coverage following a fire at a casino, which led to subrogation claims.
  • Represented insurers against putative class alleging antitrust and RICO violations based on alleged “bid rigging” and the normal underwriting practices of Lloyd’s of London.
  • Won summary judgment for a life insurer against the State of Illinois in a tax dispute.
  • Negotiated a settlement obligating a CGL policyholder to sue its former subsidiary, and not the client insurer, for indemnification of a $1 million deductible obligation to the insurer.
  • Won dismissal for a client of a $6 million claim brought under an insurance policy issued by its subsidiary insurance company.
  • Represented a D&O insurer in an arbitration following the insurer’s denial of coverage for an investment fund’s regulatory settlement of allegations of securities manipulation.
  • Represented an excess insurer against a manufacturer’s belated claim for coverage of its asbestos liabilities.
  • Represent a foreign insurer against its policyholder’s multimillion dollar lawsuit seeking coverage of claims against it by thousands of people infected by hepatitis C or HIV.
  • Investigated long-term-care policyholders’ complaints about the client insurer’s denials of claims, and counseled the insurer on, and responded to, complaints filed with various states’ regulators.
  • Served as second chair at a federal trial for breach of reinsurance contracts, resulting in a $5 million judgment for the client reinsurer.
  • Represent an excess CGL insurer in a multimillion dollar allocation lawsuit against the CGL insurers of the indemnitor of the client’s policyholder, arising from an engine fire that burned down a tug boat for oil rigs.
  • Represented an insolvent professional liability insurer and its reinsurer against a lawsuit brought by the assignee of the policyholder doctor.
  • Represented a reinsurer in a three-week evidentiary hearing in federal court regarding a captive insurer’s redomestication from a U.S. state to Bermuda in order to expand coverage for asbestos and environmental claims under the general liability policies that the captive issued its owner. 
Publications: 
  • Author, "Insurance case will provide plenty of questions for Supreme Court," The Chicago Daily Law Bulletin (April 23, 2018).
  • Author, "Illinois Supreme Court Should Clarify Insurance Law," Law360 (March 14, 2018). 

Education

J.D., Harvard Law School
B.A., University of North Carolina at Chapel Hill, Phi Beta Kappa

State Bar Admissions

  • Illinois

Federal Bar Admissions

  • United States District Court for the Northern District of Illinois (including Trial Bar)
  • United States District Court for the Southern District of Illinois
  • United States District Court for the Northern District of Indiana
  • United States District Court for the Eastern District of Michigan
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Seventh Circuit