Will Pruitt is a litigation partner in Kirkland's Chicago office. He has broad experience in complex commercial disputes, including insurance coverage, antitrust, environmental, bankruptcy, consumer fraud, trade secret, and wage and hour cases.
In the insurance coverage area, Will has litigated coverage disputes in both state and federal court involving directors and officers liability insurance, comprehensive general liability insurance, and employment practices liability insurance. He also regularly counsels companies and their Boards on substantive coverage and policy procurement issues, with particular emphasis on companies going through and being acquired out of restructuring proceedings.
In re: TOUSA, et al.; TOUSA, Inc. v. Federal Insurance Company, et al., U.S. Bankruptcy Court, Southern District of Florida (current)
Counsel for TOUSA, Inc. in litigation against twelve leading D&O insurers to obtain insurance coverage for a breach of fiduciary duties lawsuit brought against the company's directors and officers in the context of TOUSA's bankruptcy proceeding. Within weeks of filing the lawsuit, obtained an agreement from the insurance carriers to begin funding the defense of the underlying fiduciary duties action.
Viking Pump, Inc., et al. v. Century Indemnity Co., et al., Delaware Chancery Court (current)
Counsel for Viking Pump in litigation over the coverage obligations of Viking Pump's commercial liability insurers for underlying asbestos claims. Significantly limited the issues for trial by obtaining favorable summary judgment rulings for Viking Pump on the issues of corporate successorship and allocation methodology.
Robichaux v. Dow Chemical Company, Louisiana State Court (current)
Counsel for Dow Chemical Company in a groundwater contamination suit involving chlorinated compounds detected in the Plaquemine aquifer, handling the remediation aspects of the case. Court sided with Dow on the proper remediation method, rejecting plaintiffs' proposal for a pump and treat system costing hundreds of millions of dollars, and sided with Dow on the costs of remediation to be deposited into the Court registry.
Certain Underwriters at Lloyd's London v. The Boeing Company, et al., Illinois State Court (current)
Counsel for The Boeing Company in litigation over the coverage obligations of Boeing's London-market reinsurers for product liability claims arising from two allegedly defective telecommunications satellites. Obtained a ruling from the trial court requiring the reinsurers to pay the full costs of Boeing's defense and barring them from litigating against Boeing until the underlying product liability actions were concluded. Preserved the trial court ruling at each level when the reinsurers appealed the ruling all the way to the Illinois Supreme Court.
Abbott Laboratories v. Illinois National Insurance Company, Arbitration Proceeding
Counsel for Abbott Laboratories in a commercial arbitration alleging breach of contract in a multi-million dollar insurance premium dispute over the proper characterization of settlements in underlying directors and officers litigation. Following a two-day trial, Arbitrator issued a ruling siding entirely with Abbott, granting it the full amount of the disputed premium, and awarding Abbott its attorneys' fees.
Visteon Corp. v. National Union Insurance Company of Pittsburgh, PA, U.S. District Court for the Eastern District of Michigan
Counsel for Visteon in litigation over its EPL insurer's coverage obligations for a settlement of several sexual harassment and hostile work environment claims in which the insurer asserted a litany of coverage defenses, including late notice, breach of cooperation obligation, breach of voluntary payments provision, and reasonableness of the settlement amount, and alleged that the claims were made outside the policy period. Obtained favorable settlement for Visteon.
2003, Summer Associate, Baker Botts, LLP, Dallas, TX