Foran Glennon Palandech Ponzi & Rudloff

Attorneys

James F. Baffa

Jim Baffa is an attorney based in the Chicago office who focuses his practice on insurance coverage litigation and counseling. He has litigated insurance coverage disputes and multiple issues related to insurance company claims handling. James also has extensive experience representing excess and umbrella insurers, as well as defending carriers against bad faith claims. His nationwide insurance coverage practice regularly involves new or novel issues and matters of first impression. Jim’s practice has included pro hac vice admissions in numerous jurisdictions in federal and state courts across the country at the trial and appellate level.

Education

Mr. Baffa earned his B.A. degree from Bradley University and his J.D. degree from DePaul University.

Bar Admissions

Mr. Baffa is admitted to practice law in the State of Illinois.  He is also admitted in the U.S. District Courts for the Northern District of Illinois, the Seventh Circuit U.S. Court of Appeals and the Ninth Circuit U.S. Court of Appeals.

Professional Associations

Mr. Baffa is a member of the Chicago Bar Association (Young Lawyers Section, Insurance Coverage Committee — co-chair, 2009−2011) and the Armadillo Club (comprised of almost 1,000 attorneys nationwide who practice primarily in the insurance coverage field).

Cited Cases

  • Represented excess insurer in coverage and extra-contractual litigation arising from multi-million dollar construction defect claim concerning housing development in California.
  • Represented primary and excess insurers in coverage and extra-contractual litigation arising from underlying allegations of product and “false claims” liability.
  • Represented primary insurer in Florida federal court concerning personal and advertising injury coverage dispute involving underlying antitrust allegations; summary judgment in favor of client affirmed on appeal.
  • Represented primary insurer in North Carolina federal court with respect to coverage dispute involving the number of occurrences; summary judgment in favor of client affirmed on appeal.
  • Represented umbrella insurer in coverage dispute in California federal court concerning underlying product liability claims involving defective tomato cans; favorable settlement reached after extensive motion practice and appeal.
  • Represented umbrella insurer in coverage dispute in California federal court concerning underlying product liability claims involving defective fruit cups; summary judgment in favor of client affirmed on appeal.
  • Represented claims-made pollution liability insurer in coverage dispute in Minnesota federal court involving underlying claims of bodily injury; favorable settlement reached after motion practice and appeal.
  • Represented excess insurer in long-tail asbestos coverage dispute in New York state court involving choice of law, allocation and other issues; favorable settlement reached after extensive motion practice and appeal.
  • Represented umbrella insurer in coverage dispute in North Carolina federal court involving underlying allegations of defective resin used to manufacture hurricane-resistant windows; favorable settlement reached after years of contentious litigation.
  • Represented umbrella insurer in Indiana federal court involving underlying wrongful death lawsuit; summary judgment of no coverage due to insured’s breach of “no voluntary payments” condition affirmed on appeal.

Publications

  • “The Incorporation Theory of Property Damage – Background, Nuances, Notable Errors in Application and a Proposal for Future Cases,” DRI’s  For The Defense (May 2017).
  • “The ‘Unavailability’ of Insurance Exception to Pro Rata Allocation: What It Is and Why Courts Should Reject It,” 26-18 Mealey’s Litig. Rep. Ins. 13 (March 2012).

James F. Baffa
jbaffa@fgppr.com
312.863.5093
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