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John H. Mathias, Jr. is a partner in the Firm’s Litigation Department. He is Chair of the Firm’s nationally prominent Insurance Litigation and Counseling Practice. He is also a member of the Firm's Reinsurance, International Arbitration, Complex Commercial Litigation, Class Action, and Labor and Employment Practices. Mr. Mathias is AV Peer Review Rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability.
Mr. Mathias is a veteran trial lawyer concentrating on complex business litigation with particular emphasis upon contract litigation, insurance coverage litigation, reinsurance arbitrations, class actions, employment litigation, directors and officers litigation, professional liability litigation, and intellectual property litigation. He has co-authored over twenty legal publications, including Insurance Coverage Disputes (Law Journal Press 1996) and Directors and Officers Liability: Prevention, Insurance and Indemnification (Law Journal Press 2000). Mr. Mathias is a frequent lecturer on insurance coverage litigation topics. He has been an active member of the American Bar Association’s Section of Litigation, where he has served on the Section’s Leadership Council. He also has co-chaired various Section committees, including the Insurance Coverage Litigation Committee and its bipartisan Task Force on Environmental Insurance Coverage. He is currently Chair of the ABA's Death Penalty Representation Project and Co-Chair of the Section's Military Task Force. Since 2004, Chambers & Partners USA has named Mr. Mathias one of the country’s leading lawyers in Insurance Law.
Mr. Mathias is a Phi Beta Kappa graduate of Dartmouth College (1969) and a graduate of Harvard Law School (1972). He is the immediate past President of the Harvard Law Society of Illinois. He is a founder of the Dartmouth Lawyers Association and serves on its Board of Directors.
Mr. Mathias has served as lead counsel on the following significant insurance coverage cases (client shown in bold):
American National Can Company v. Certain Underwriters at Lloyd's, London and Certain London Market Insurance Companies, et al., No. 895940, Cal. Super. Ct. (Environmental Insurance Coverage)
AM International v. Commercial Union Insurance Company, et al., No. 89 CH 11602, Circuit Court of Cook County (Environmental Insurance Coverage)
Berlin Steel Construction Company v. R.C. Knox and Company, Inc., and Aetna Casualty & Surety Company of Illinois, No. CV 93 0459772S, Superior Court, Judicial District of Hartford/New Britain at New Britain, CT (Workers' Compensation Insurance)
CSX Transportation v. Admiral Insurance Company, et al., No. 96-00415, Circuit Court of Duval County, Florida (Industrial Solvent Insurance Coverage)
CSX Transportation v. Admiral Insurance Company, et al., No. 93-132-Civ-J-10, M.D. Fla. (Environmental Insurance Coverage)
Dell Computer Corporation v. Home Insurance Company (Directors & Officers Insurance Coverage)
Employers Insurance of Wausau v. Signode Corporation, No. 94 CH 6200, Circuit Court of Cook County, Ill. (Environmental Insurance Coverage)
Generali v. Caribe Realty Corp., 612 N.Y.S.2d 296, Sup. Ct. N.Y. County 1994 (Lead Paint Insurance Coverage)
Household International v. Allstate Insurance Co., et al., No. 96 CH 1521, Circuit Court of Cook County, Ill. (Environmental Insurance Coverage)
Interlake Corporation v. Certain Underwriters at Lloyd's, London, et al., No. 94 MR 0272, Du Page County, Ill. (Environmental Insurance Coverage)
Missouri Pacific Railroad Company, et al. v. Admiral Insurance Company, et al., No. 94 MR 0198, Du Page County, Ill. (Hearing Loss - Asbestos Insurance Coverage)
Missouri Pacific Railroad Company v. Certain Underwriters at Lloyd's, London, et al., No. 93 L 712, St. Clair County, Ill. (Environmental Insurance Coverage)
Missouri Pacific Railroad Company, as successor-in-interest to Missouri-Kansas-Texas Railroad Company v. Aetna Casualty & Surety Co., et al., No. 242-93, N.D. Tex. (Environmental Insurance Coverage)
MRC Holdings, Inc. v. Employers Insurance of Wausau, et al., No. L-1234290, N.J. Super. Ct. (Environmental Insurance Coverage)
North Shore Gas Company, et al. v. Certain Underwriters at Lloyd's, London, et al., 94 CH 003349, Circuit Court of Cook County, Ill. (Manufactured Gas Plant Insurance Coverage)
Sunbeam Corporation v. National Union Fire Ins. Co. of Pittsburgh, PA, et al., No. 99-8288-Civ-Middlebrooks, S.D. Fla. (Directors and Officers Insurance Coverage)
Tennessee Gas Pipeline Company v. Continental Casualty Company, et al., No. 371865, M.D., La. (Environmental Insurance Coverage)
Union Pacific Corporation v. Certain Underwriters at Lloyd's, London, et al., No. CV88-06442R, C.D. Cal. (Antitrust Insurance Coverage)
Union Pacific Railroad Company v. Certain Underwriters at Lloyd's, London and Certain London Market Insurance Companies, et al., No. C89-069J, D. Wyo. (Environmental Insurance Coverage)
Union Pacific Railroad Company, as successor-in-interest to Western Pacific Railroad Company v. Certain Underwriters at Lloyd's, London, et al., No. 93 4825 WDK(EX), C.D. Cal. (Environmental Insurance Coverage)
Union Pacific Resources Company v. Aetna Casualty and Surety Company, et al., No. 352-138363-91, Tarrant County, Tex., 894 S.W.2d 401, Ct. of App. of Texas (Environmental Insurance Coverage)
Viking Insurance Company and C & I Insurance Company of Canada v. Certain Underwriters at Lloyd’s, London, et al, (Extended Automobile Warranty Insurance Coverage)
Walbrook Insurance Company, Ltd., et al. v. Monsanto Company, et al., N. 91 C. 3823, N.D. Ill. (Premises Liability Insurance Coverage)
In 2004-2005, Mr. Mathias was the lead trial counsel in 3 substantial international reinsurance arbitration hearings related to injury and death claims arising from the terrorist attacks of September 11, 2001 upon the World Trade Center (clients, parties and results are confidential). Since then, he has continued to represent this same client in several other arbitration hearings involving highly complex financial structures.
Mr. Mathias’ extensive trial experience includes the following (client shown in bold):
CSX Transportation v. Admiral Insurance Company, et al., No. 96-00415, Circuit Court of Duval County, Florida (jury trial regarding insurance coverage for employee solvent claims)
Berlin Steel Construction Company v. R.C. Knox and Company, Inc., et al., No. CV 93 0459772S, Superior Court, Judicial District of Hartford/New Britain at New Britain, CT (jury trial regarding workers’ compensation insurance fraud claims)
CSX Insurance Company v. Certain Underwriters at Lloyd’s, London, et al., (international reinsurance arbitration in London before Tribunal of Lord Neill of Bladen, QC, Hon. Abner J. Mikva (Ret.) and the Rt. Hon. Lord Mustill) (February 2003)
Professional Sports Marketing, Inc. v. Green Bay Packers, Inc. (commercial arbitration re stadium advertising rights in Lambeau Field) (June 2003)
Steven J. Friedheim v. John D. Pezold, et al., M.D. Tenn. (Nashville) (jury trial re libel in connection with sale of TV stations)
Colonial Life & Accident Insurance Company v. Robert Taylor, et al., No. 88 C 10593, U.S.D.C. (N.D. Ill.) (jury trial regarding theft of trade secrets)
American National Bank v. Home Savings of America, FSB, Case No. 90 C 1737, U.S.D.C. (N.D. Ill.) (bench trial regarding lenders’ liability claims)
James Smith, et al. v. Monsanto Company, et al., Cause No. 842-03290, Division No. 1, In the Circuit Court of The City of St. Louis, State of Missouri (jury trial regarding toxic tort claim related to plant emissions)
Dell Computer Corporation v. Home Insurance Company (arbitration hearing regarding directors & officers insurance coverage)
Adele Kahn v. Magic Pan, Inc., Case No. 86 L 50788, Circuit Court of Cook County, IL (jury trial regarding breach of contract claim)
People of the State of Illinois v. Stanley Boclair, Case No. 84 CF 151, Circuit Court of Livingston County, IL (murder jury trial)
People of the State of Illinois v. Donnie Riddle, Case No. 83 C 8659, Circuit Court of Cook County, IL (murder jury trial)
Lawter Chemical Company v. John R. Carroll, et al., Circuit Court of Cook County, Chancery Division (bench trial re trade secret claims)
Worldwide Chain Store Systems, Inc. v. Dallas Systems Corp., Case No. CA3-81-0193-R, U.S.D.C. Northern District of Texas, Dallas Division (jury trial regarding computer software trade secrets claims)
Viking Insurance Company and C & I Insurance Company of Canada v. Certain Underwriters at Lloyd’s, London, et al., (arbitration hearing regarding extended automobile warranty insurance coverage)
Emerson Electric Co. v. Black & Decker, Circuit Court of Cook County, Chancery Division (bench trial re restrictive employment covenants)
Bell South v. MCI Airsignal, Federal Dist. Ct., Atlanta, GA (bench trial regarding breach of contract claims)
Israel Margolies v. Landy & Rothbaum, Case No. 81 L 5035, Circuit Court of Peoria County, IL (bench trial regarding accountants’ liability claim)
As trial defense counsel in the U.S. Navy JAG Corps from 1973 to 1976, Mr. Mathias tried hundreds of court martials in Long Beach, CA, San Diego, CA and Jacksonville, FL. Upon his discharge from the Navy, Mr. Mathias was rated as “undoubtedly one of the finest trial lawyers in the Navy today.”
A sample of Mr. Mathias’ substantial early career military trial experience includes:
United States v. Jeffrey Tosspon (General Court Martial); Jury Trial (Sabotage by Shipboard Arson on USS Denver); June 1993
United States v. PFC Thomas D. Jenkins (General Court Martial); Jury Trial (Barracks Arson); February 1975
United States v. RM1 David A. Girod (General Court Martial); Jury Trial (Grand Larceny); July 1975
United States v. SN John A. Ephrom (General Court Martial); Jury Trial (Theft of Postal Funds); October 1975
United States v. BT1 Ronald P. Kamradt (Special Court Martial); Jury Trial (Grand Larceny); June 1973
United States v. Emmitt J. Hayes (Special Court Martial; Larceny) (Jacksonville, Florida) 1975
United States v. Ernest E. Danielson (Special Court Martial; Sale of Controlled Substance) (Jacksonville, Florida) 1975
United States v. Commander Lawrence L. Heisel, USNR (Administrative Discharge Board) (Jacksonville, Florida) 1975
United States v. Ensign Robert D. Hall (Administrative Discharge Board) (Jacksonville, Florida) 1975
United States v. William E. Mauricio (Special Court Martial; Assault) (Jacksonville, Florida) 1975
United States v. R. E. Manning (Special Court Martial; Controlled Substance) (Jacksonville, Florida) 1975
United States v. Craig A. Keuten (Special Court Martial; Grand Larceny) (Long Beach, California) 1973
United States v. Manuel Mora (Special Court Martial; Aggravated Assault) (Jacksonville, Florida) 1975
United States v. James R. Tall (Special Court Martial; Controlled Substance) (Jacksonville, Florida) 1975
United States v. Tony B. Strong (Special Court Martial; Aggravated Assault) (Jacksonville, Florida) 1975
United States v. Michael J. Anderson (General Court Martial; Controlled Substance) (Jacksonville, Florida) 1975
United States v. Benjamin Strong (Special Court Martial; Assault) (Jacksonville, Florida) 1975
United States v. Clinton Crowell (Special Court Martial; Armed Robbery) (Long Beach, California) 1973
Publications:
- Co-author, "The Financial Crisis and AIG: What Now?" Lawdragon, October 2008
- Co-author, "D&O insurance coverage in the USA: will it be there if the worst happens?" International Bar Association Legal Practice Division Insurance Committee Newsletter, Vol. 15, No. 1, March 2008.
- Co-author, "Lights, Camera, Action: Taking, Defending, and Using Video Depositions," Trial Practice 2007 (American Bar Association Section of Litigation)
- Co-author, "Limited Defense," Corporate Secretary, Issue 24, December 2005.
- Co-author, "All Things Considered," Best's Review, Vol. 106, No. 2, June 2005.
- Co-author, "Conserving D&O Insurance Policies in Securities Fraud Litigation: A Common Interest of Policyholders and Institutional Shareholder Claimants," Coverage, Committee on Insurance Coverage Litigation, Section of Litigation American Bar Association, Vo. 14, No. 4, July/August 2004.
- Co-author, "Directors and Officers Liability: Prevention, Insurance and Indemnification," American Lawyer Media Law Journal Press (new treatise published December 2000).
- Co-author, "Insurance Coverage Disputes," American Lawyer Media Law Journal Press (treatise originally published in 1996).
- Co-author, "Five Do’s and Don’t’s; Tips to Help Preserve Insurance Coverage," Part 2 of 2, The Corporate Counsellor, Vol. 14, No. 2 , Leader Publications (July 1999).
- Co-author, "Five Do’s and Don’t’s; Tips to Help Preserve Insurance Coverage," Part 1 of 2, The Corporate Counsellor, Vol. 13, No. 12, Leader Publications (May 1999).
- "Battling Insurers’ Extra-Contractual Notice Arguments," The Corporate Counsellor, Vol. 13, No. 7, Leader Publications (December 1998).
- Co-author, "Let the Buyer Beware: New D&O Policy Provisions Benefit Insurers, Not Policyholders," The Corporate Counsellor, Vol. 13, No. 1, Leader Publications (June 1998).
- Co-author, "Insurance Coverage for IP and Business Tort Claims," The Corporate Counsellor, Vol. 12, No. 11, Leader Publications (April 1998).
- Co-author, "The Not-So-Absolute Pollution Exclusion: More Courts Enforcing Exclusion’s Limited Intent," The Corporate Counsellor, Vol. 12, No. 8, Leader Publications (January 1998).
- Co-author, "Insurance and the Year 2000 Problem," The Corporate Counsellor, Vol. 12, No. 5, Leader Publications (October 1997).
- Co-author, "Notifying Insurance Companies of Coverage Claims," The Corporate Counsellor, Vol. 12, No. 2, Leader Publications (July 1997).
- Co-author, "Allocation Issues in Insurance Claim Resolution," The Corporate Counsellor, Vol. 11, No. 12, Leader Publications (May 1997).
- Co-author, "Choice of Law from the Policyholder's Perspective," Prentice Hall Law & Business (September/October 1994).
- Co-author, "Policyholder May Choose Among Multiple-Triggered Policies," Coverage, Vol. 4, No. 2, Prentice Hall Law & Business (March/April 1994).
- Co-author, "The Pollution Exclusion, As Damages and Known Losses Issues: The Illinois Supreme Court Decision in Outboard Marine Caps a Banner Year for Policyholders," Mealey’s Litigation Reports: Insurance, Vol. 7, No. 8, Mealey Publications (December 22, 1992).
- Co-author, "Ambiguity and Independent Significance: The Interpretation of Insurance Policies," Prentice Hall Law & Business Ninth Annual Insurance Litigation Institute (October 1994).
- Co-author, "Another Look at Notice: Proof of an Occurrence as a Prerequisite to the Insured’s Duty to Notify the Insurer, Insurance Coverage Litigation: Recovery in the 1990s and Beyond," Practising Law Institute (January 1998).
- Co-author, "Tripartite Relationships and Reservation of Rights Letters: The Need for Independent Counsel," Insurance Coverage Litigation 1994, A Satellite Program, Practising Law Institute (1994).
- Co-author, "Significant Current Developments Regarding Environmental Insurance Coverage," Environmental Insurance Coverage Claims and Litigation, Practicing Law Institute (1994).
- Co-author, "Emerging Issues in Bad Faith Litigation," Insurance Coverage Litigation 1994, A Satellite Program, Practising Law Institute (1994).
- Co-author, "Protecting the General Contractor from Independent Contractor Exposures," Illinois Bar Journal (Fall 2001)
- Co-author, "Misrepresentations in the Application as Grounds for Rescission of the D&O Policy," 11 Coverage, No. 3 (May/June 2001)
- Co-author, "The Threat of Exclusion: D&O Coverage in the Wake of Bankruptcy," National Law Journal (April 9, 2001)
Available Publications:
- "The Financial Crisis and AIG: What Now?," Lawdragon, October 2008
Please click here to review the article. - "D&O insurance coverage in the USA: will it be there if the worst happens?" International Bar Association Legal Practice Division Insurance Committee Newsletter, Vol. 15, No. 1, March 2008
Please click here to view the article. - "Lights, Camera, Action: Taking, Defending, and Using Video Depositions," Trial Practice 2007 (American Bar Association Section of Litigation), July 2007
Please click here to view the article - Client Advisory: AIG Agrees To Far-Reaching Reforms to Resolve Allegations of Accounting Improprieties, Bid Rigging, Contingent Commissions and Failure to Pay Workers’ Compensation Taxes, February 2006
Please click here to view the advisory. - Client Alert: AIG Creates Fund to Pay Policyholders In Its Settlement With New York State, February 10, 2006
Click here to view the alert. - "Limited Defense," Corporate Secretary, Issue 24, December 2005
Please click here to view the article. - "All Things Considered," Best's Review, Vol. 106, No. 2, June 2005
Please click here to view the article. - New Jersey Supreme Court Limits Reach of “Absolute Pollution Exclusion”, April 2005
Please click here to view the advisory. - The Marsh Settlement: What it Means for Policyholders, February 2005
Click here to view the advisory. - Procuring Insurance for Directors and Officers Following WorldCom and Enron, January 2005
Click here to view the advisory. - Conserving D&O Insurance Policies in Securities Fraud Litigation: A Common Interest of Policyholders and Institutional Shareholder Claimants, August 2004
Click here to view the commentary. - Crisis Coverage: Insurance for Business Interruption, August 2003
Please click here to view the client advisory. - Insurance Counselor, Winter 2003
Please click here to view Insurance Counselor - Insurance Counselor, Summer 2002
Please click here to view Insurance Counselor - Directors and Officers Liability - Prevention, Insurance and Indemnification (Table of Contents and Sample Chapter Excerpt, Winter 2001)
Please click here to view. - Insurance Coverage Disputes, Winter 1996
Table of Contents
Professional Activities:
Awards- Benchmark Litigation
 | Insurance Litigation Star (National), 2009
Litigation Star (Illinois), 2009 |
- Best Lawyers in America
| Listed in the following annual editions: 2006, 2007, 2008, 2009, 2010, 2011 |
- Chambers USA
| Insurance – 2004, 2005, 2006, 2007, 2008, 2009, 2010 |
- Illinois Super Lawyers
| Insurance Coverage – 2005, 2006, 2007, 2008, 2009, 2010 |
- International Who’s Who of Business Lawyers
| Insurance & Reinsurance -- 2007, 2008 |
- Lawdragon Magazine
| 3000 Leading Lawyers in America, 2010
500 Leading Lawyers in America, 2006 |
- Leading Lawyers Network
| Class Action/Mass Tort Defense Law - 2004-2010
Commercial Litigation - 2004-2010
Insurance, Insurance Coverage & Reinsurance Law - 2004-2010
Professional Malpractice Defense Law: Including Legal/Technical/Financial- 2004-2010 |
- Legal Media Group
| Guide to the World's Leading Insurance and Reinsurance Lawyers – 2007 |
- Who's Who Legal Illinois
| Insurance and Reinsurance – 2007 and 2008 Edition |
Service To The Bar- American Bar Association
| Chair, Death Penalty Representation Project
Co-Chair of Membership, Section of Litigation
Member, Civil Justice Initiative Task Force, Section of Litigation
Co-Chair, Insurance Coverage Litigation Committee, 1991-94
Co-Chair, Bi-Partisan Task Force on Environmental Insurance Coverage Litigation, 1991-1994
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- Chicago Bar Association
- Dartmouth Lawyers Association
| President, 1984-1989 |
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