- October 3, 2018
Alexander B. Mahler
Partner
Biography
BIOGRAPHY
Representing international and domestic insurers in state and federal courts throughout the United States, Alex's practice focuses on complex coverage and bad faith disputes arising under a wide range of primary and excess policies and exposures.
As a coverage attorney, he has successfully resolved insurance coverage disputes arising under almost every coverage line and area, including:
- Bad Faith
- Commercial General Liability, including exposures arising in the contexts of transportation, construction defect, catastrophic bodily injury and property damage, defamation/disparagement, false advertising and many others
- Cyber Liability
- Directors and Officers Liability
- Environmental and Toxic Tort
- Errors and Omissions
- Fidelity and Commercial Crime
- Fiduciary
- Financial Institution and Banker's Liability, including Mortgage Company Professional Liability
- First Party Property
- Primary, Excess, Umbrella, including allocation among insurers
- Professional Liability
Alex also has substantial experience, through formal and informal mechanisms, in negotiating favorable resolutions of matters presenting complex legal issues and multi-million-dollar exposures.
Memberships
- American Bar Association
- American Institute of Chartered Property Casualty Underwriters
- Claims Litigation Management Alliance
- Professional Liability Underwriting Society
- West Suburban Chapter of Chartered Property Casualty Underwriters Society
Before Nicolaides
Prior to joining the firm, Alex was a partner in the coverage practice of a top 50 Law360 firm. He also previously worked for several other preeminent coverage firms and as a litigation and claims consultant for a "Big 4" accounting firm where he was involved in all aspects of litigation support and advisory services for the insurance industry. In addition, he spent eight years in claims and litigation management for various insurers, including an in-house position in the legal department of one of those companies. Alex has been designated a Chartered Property Casualty Underwriter (CPCU) by the insurance industry.
Outside Nicolaides
Alex is an active member of his church and community. In his spare time, Alex & his wife enjoy skiing, coaching, and attending their kids' sporting events and extra- curricular activities. He also enjoys bike riding and traveling with his family.
- Defended insurers in state court coverage action concerning $50 million dispute over defense and indemnity under CGL policies, which included claims of bad faith.
- Defended insurer against novel arguments that Directors & Officers policy covered multimillion-dollar exposure arising out of a complete business separation of legacy businesses.
- Represented domestic insurer as coverage counsel for high-profile data breach into the system of one of the world's biggest providers of permission-based email marketing.
- Represented insurer in coverage action involving coverage under financial institution bond for claim by insured bank's receiver that employee participated in inducing bank to make loans to prominent fraudster.
- Represented insurer in million-dollar bad-faith coverage litigation involving claims that insured protective clothing manufacturer misrepresented facts in its application.
- Successfully litigated matter related to the failure of an independent physicians' association and lawsuit presenting a $10 million E&O and D&O claim on behalf of syndicate of London market insurers, and settled dispute for a fraction of the exposure.
- Obtained favorable settlement after strategically litigating certain aspects of coverage action involving alleged claim-handling errors and legal malpractice on behalf of a syndicate of international and domestic insurers faced with $100 million in bad-faith exposure.
ADDITIONAL SPEAKING & WRITING
- Author, "Interpleader," Causes of Action, Illinois Institute for Continuing Legal Education (2008, 2011, 2013, 2016, 2018, 2020 & 2023 editions)
- Presenter, "Contractual and Additional Insured Risk Transfer," Chicago, Illinois (October 2022)
- Presenter, "Claims Training-Coverage," Chicago, Illinois (March 2022)
- Presenter, "Claims Training-Coverage," Cincinnati, Ohio (October 2019)
- Presenter, "Bad Faith Damages in Third-Party Claims," 2018 PLRB Conference (April 2018)
- Presenter, "Duty to Defend & Bad Faith; Core Principles, Practical Risks, and Outcomes," Warrenville, Illinois (April 2018)
- Presenter, "Insurance-Bad Faith - The Imperfect Claim: Addressing Problems Effectively and Diplomatically," London, England (September
- 2017)
- Presenter, " Duty to Defend and Duty to Settle," London, England (January 2017)
- Presenter, "Defending the Imperfect Claim," Chicago Legal Education Conference (July 2016)
- Presenter, "Risk Transfer," Milwaukee, Wisconsin (May 2015)
- Presenter, "Duty to Defend in Illinois," Hoffman Estates, Illinois (May 2014)
- Panelist, "Insurance Risk Management During These Rapidly Changing Times," IMB Insurance Webinar (January 2013)
- Presenter, "Public Directors & Officers Liability Coverage," Association of Lloyd's Brokers (August 2012)
- Author, "Public Directors and Officers Liability Coverage," Association of Lloyd's Brokers (August 2012)
- Co-author, "The Future of Climate Change Litigation in the Wake of American Electric v. Connecticut," The National Forum for Environmental
- and Toxic Tort Issues, Annual Conference (October 2011)
- Presenter, "The Doctrine of 'Continuing Bad Faith': Past, Present & Future," Surety Claims Institute's Annual Meeting (June 2009)
- Co-author, "The Decline of the So-Called Doctrine of Continuing Bad Faith," 48 TORT TRIAL & INS. PRAC. L.J. 29 (Winter 2008)