Theodore J. May - Principal

300 S. Wacker Drive
Suite 1800
Chicago, IL 60606-6744
P: 312.428.4727
tmay@michaelsmay.com

Overview

Theodore J. May, a principal of Michaels & May, P.C., has significant experience both in the U.S. and abroad in handling complex claims, coverage litigation, and alternative dispute resolution procedures, including arbitration and mediation. Mr. May’s practice focuses on the representation of foreign and domestic primary and excess insurers and reinsurers in a variety of contexts, including products liability, professional liability, directors’ and officers’ liability, advertising injuries, mass torts, class actions, toxic torts, construction defect and environmental exposures. In the area of mass tort and products liability, Mr. May specifically has been involved with Asbestos, Baycol Cholesterol Medication, Benlate Fungicide, Dialyzers, EIFS siding, Fiber-Optic Cable Trespass Claims, HIV-Tainted Blood, Lead Paint, Latex Gloves, L-Tryptophan, Metal Working Fluids, Phenylpropanolamine (PPA), Polybutylene Plumbing Fixtures, Repetitive Stress Injuries, Silica Dust, Silicone Breast Implants, TMJ Implants, Tobacco, Vehicle Rollovers and Fires, as well as various fires, explosions and train derailments, including the terrorist attack on the A.P. Murrah Building (the Oklahoma City Bombing), The Station Fire in Rhode Island, and the Longford Gas Plant Explosion in Australia.

Mr. May has drafted insurance and reinsurance agreements and also lectured on related topics. Most recently, he co-authored “Coverage Under Traditional Policies For E-Commerce Exposures: Advertising Liability; Property Damage Liability; Property Loss and Business Interruption,” for presentation at a Mealey’s Emerging Coverage Issues seminar.

Litigation Highlights

In Samuels Recycling Co. v. Cont’l Cas. Co., 713 N.W.2d 193 (Wis. Ct. App. 2006), Mr. May acted as lead counsel and obtained dismissal of claims that the insurer had wrongfully denied coverage for government-imposed environmental cleanup costs and claims of bad faith. In a related case, Michaels & May, P.C. successfully argued that the insured should not be permitted to relitigate the claims dismissed in the prior proceeding based upon a change in law.

In Northern Illinois Gas Company v. The Home Insurance Company, 334 Ill. App. 3d 38 (Ill. App. Ct.), appeal denied, 202 Ill. 2d 614 (2003), Mr. May acted as lead counsel and obtained summary judgment in favor of the client by enforcing the voluntary payment clause in the client’s insurance contracts. The Appellate Court of Illinois affirmed the summary judgment ruling.

In Maremont Corp. v. Continental Casualty Company, 326 Ill. App. 3d 272 (Ill. App. Ct. 2001), appeal denied, 198 Ill. 2d 617 (2002), Mr. May obtained summary judgment for the client on the basis that pro rata allocation of damages applied and that the insured must horizontally exhaust its primary coverage before his client’s excess policies were reached. The Appellate Court of Illinois, First District, affirmed summary judgment for the client, finding that the claims did not reach his client’s excess policies.

Education and Background

Ted May graduated from the University of Minnesota Law School, cum laude, in 1987. He was also an Associate Editor of the Law Review.

Bar Admissions

Illinois Supreme Court
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Eastern District of Wisconsin
Trial Bar of the Northern District of Illinois

Professional Affiliations

American Bar Association
Chicago Bar Association