Education

University of Notre Dame Law School, J.D., 1989

Honors
magna cum laude

State University of New York at Albany, B.A. in Anthropology

Honors
magna cum laude

Admissions

Illinois Supreme Court
U.S. Court of Appeals for the Seventh Circuit
U.S. District Court for the Northern District of Illinois
Trial Bar of the Northern District of Illinois
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Eastern District of Wisconsin

Jan M. Michaels - Principal

300 S. Wacker Drive
Suite 1800
Chicago, IL 60606-6744
P: 312.428.4734
jmichaels@michaelsmay.com

Overview

Jan M. Michaels, a principal of Michaels & May, P.C., began his practice as a commercial litigator with the Chicago law firm of Lord Bissell & Brook. Mr. Michaels has handled complex commercial litigation on both the trial and appellate levels involving a wide variety of subjects, including environmental exposures, products liability, mass tort and construction defect insurance coverage litigation, trademark infringement, trade secrets, securities, employment, consumer protection, and class action defense. Mr. Michaels has litigated cases across the country, including suits pending in California, Idaho, Illinois, Indiana, Ohio, Oklahoma, Michigan, Minnesota, Mississippi, New Jersey, New York, Pennsylvania and Wisconsin. Mr. Michaels also has substantial alternative dispute resolution experience. Mr. Michaels is a 1996 recipient of the Chicago Volunteer Legal Services Distinguished Service Award and is a member of the American, Illinois, and Chicago Bar Associations.

Litigation Highlights

In AAA Disposal Systems, Inc. v. Aetna Casualty And Surety Co., 355 Ill. App. 3d 275 (2nd Dist) (unpublished), appeal denied, 2005 Ill. LEXIS 296 (Ill. Jan 26, 2005), the Appellate Court affirmed the trial court’s ruling that the insured failed to provide timely notice to its insurer and that a showing of prejudice was not required. In addition, the Appellate Court ruled that in applying pro rata allocation, the primary insurers’ coverage must first be horizontally exhausted before the excess policies are triggered and that the insured must bear the costs from the years in which its insurers are insolvent.

In Cinergy Corp. v. St. Paul Surplus Lines Insurance Company, 873 N.E.2d 105 (Ind. Ct. App. 2007), Mr. Michaels successfully obtained summary judgment for his client insurer that it had no obligation to pay defense costs or indemnify the insured for amounts that it potentially might expend as a result of allegations that it violated the Clean Air Act by failing to obtain permits before modifying its power plants. The Indiana Court of Appeals upheld the rulings in two separate appeals. Mr. Michaels argued the appeal. See also Cinergy Corp. v. St. Paul Surplus Lines Insurance Company, No. 32A01-0309-CV-327 (Ind. Ct. App. May 25, 2004) (unpublished).

Mr. Michaels served as co-appellate counsel for an insurer in another significant Clean Air Act case, Newnam Manufacturing, Inc. and Dalton Corp. v. Transcontinental Insurance Company, 871 N.E.2d 396 (Ind. Ct. App. 2007). In Newnam the insured was seeking defense and indemnity for a suit brought by the Indiana Department of Environmental Management claiming that the insured failed to obtain the requisite permits before making a major modification to its manufacturing plant. The Indiana Appellate Court upheld the trial court’s grant of summary judgment, finding that the insurer had no obligation to either defend or indemnify the insured.

In an intellectual property dispute concerning website framing, Mr. Michaels participated in a successful effort to obtain a permanent injunction on behalf of his client, as reported at Hard Rock Cafe International (USA) Inc. v. Morton, No. 97 Civ. 9483, 1999 U.S. Dist. LEXIS 8340 (S.D.N.Y June 2, 1999). Mr. Michaels played a significant role in the bench trial leading to this result.

Mr. Michaels represented an insurer in Harvard Industries, Inc. v. Aetna Casualty & Surety Company, 273 N.J. Super. 467 (N.J. Super Ct. Law Div. 1993) and obtained summary judgment on the insured’s environmental insurance coverage claims based upon the absolute pollution exclusion. Mr. Michaels argued the motion before the trial court.

In Maremont Corp. v. Continental Casualty Company, 326 Ill. App. 3d 272 (Ill. App. Ct. 2001), appeal denied, 198 Ill. 2d 617 (2002), Mr. Michaels 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 affirmed summary judgment, finding that the claims did not reach the client’s excess policies. Mr. Michaels was lead appellate counsel and argued this case.

Mr. Michaels served as lead appellate counsel 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), arguing the case before the Appellate Court. The Appellate Court affirmed summary judgment in favor of the insurer, finding that it had no obligation to indemnify the insured for amounts the insured had spent in its voluntary investigation and cleanup of several of its former manufactured gas plant sites. The court enforced the voluntary payment clause in the client’s insurance contract and held that the insurer had not become “legally obligated” to clean up the sites, as the policies required. Mr. Michaels argued the appeal in this case.

In Pope v. Economy Casualty & Fire Company, 335 Ill. App. 3d 41 (Ill. App. Ct. 2002), appeal denied, 202 Ill. 2d 698 (2003), the Appellate Court enforced the client’s lead paint exclusion in a case of first impression in Illinois. The court addressed whether the exclusion barred coverage for exposure to lead dust when it did not expressly refer to lead dust, and found that the underlying complaint unambiguously fell within the exclusion. Mr. Michaels was instrumental in securing this result.

In Samuels Recycling Co. v. Cont’l Cas. Co., 713 N.W.2d 193 (Wis. Ct. App. 2006), Mr. Michaels was involved in the 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 successfully argued that the insured should not be permitted to re-litigate claims dismissed in the prior proceeding based upon a change in law.

Education and Background

B.A. in Anthropology, magna cum laude, State University of New York at Albany. J.D., magna cum laude, University of Notre Dame Law School, 1989.

Bar Admissions

Professional Affiliations

American Bar Association
Illinois Bar Association
Chicago Bar Association