James R. Lilly

James R. Lilly concentrates his practice in the area of contract litigation, an area central to his legal career since joining Plunkett Cooney in 1991. A partner since 1996, Mr. Lilly is a member of the firm’s Insurance Law and Trucking & Transportation practice groups.

Mr. Lilly represents insurance carriers in all aspects of insurance coverage litigation and counseling, and frequently lectures on insurance issues in the federally regulated trucking and transportation industry. He represents clients in a number of jurisdictions, including the states of Michigan, Ohio, Indiana, Illinois, Missouri, Pennsylvania, Utah and Kentucky, as well as the province of Ontario, Canada.

Representative Client Work

• Successfully procured contractual indemnity from insured in Missouri action arising from insured-employee de-scalped while in course of employment
•  In Kentucky federal court, procured reimbursement from insured for contribution to underlying settlement involving interference with business relations in baseball bat industry 
•  Obtained summary judgment in Pennsylvania allocation and choice of law litigation between four insurer’s regarding coverage for catastrophic trucking accident
•  Authored a comprehensive trucking insurance compendium, analyzing topics such as the MCS-90, the reciprocal clause, “in the business,” reimbursement, the anti-subrogation rule, and the omnibus clause

NOTABLE CASES

• Citizens v. Pro Seal, 2007; Michigan Supreme Court found no duty to defend or indemnify trademark infringement claim as personal or advertising injury.

PUBLICATIONS AND LECTURES

• “Impact Of Anti-subrogation Rule On Underlying Action,” 2007
• “Personal And Advertising Injury, Trademark or Trade Dress?” 2006
• “Insurance for Liability Claims Involving Truck Owner-Operators Leasing Vehicles to Federally-Regulated Motor Carriers:  Owner-Operator Status As An Additioal Insured Under Lessee's Liability Policy.”  ALFA Transportation, Spring 2006 
• “Order of Priority Between Trucking and Bobtail Policies Covering the Same Loss.”  ALFA Transportation, Summer 2006
• “Insurance for Liabilty Claims Involving Truck Owner-Operators Leasing Vehicles to Federally-Regulated Motor Carriers: Indemnity, Subrogation, and Reimbursement,”  ALFA Transportation, Fall 2006
• “Reconciling The Reciprocal Clause From The Caselaw,” Lecturer, 2006
• “Liability Insurance For Commercial Carriers,” Lecturer, 2006
• “The MCS-90 And Insurance Coverage For Lessors,” Lecturer, 2006
• “Reimbursement Under MCS-90 And The Common Law,” Lecturer, 2005
• “Lessor Coverage Under Bobtail And Trucking Policies,” Lecturer, 2005
• “The Care, Custody, & Control Exclusion,” Lecturer, 2005
• “Business Risk Exclusions,” Lecturer, 2005
• “Prejudice As Condition Precedent To Late Notice Defense – Not Pre-Tender Fees,” Lecturer, 2005
• “Ramifications Of Public Policy On Finite Reinsurance,” Lecturer, 2005
• “Allocation of Judgments, Settlements, and Legal Fees,” Lecturer, 2004
• “Your Work And Product: Liability Coverage In The Context Of Construction And Demolition,” Lecturer, 2004
• “Pre-Tender Fees And Pre-Acceptance Fees,” 2004
• “Reservations of Right, Declinations of Coverage and Waiver,” Lecturer, 2003
• “Reinsurance: Follow-The-Fortunes And Reasonableness,” Lecturer, 2003
• “Checklist For Reservations, Denials, And Requests For Allocation,” 2002
• “Insurance Primer for Michigan,” 2000
• “The ‘State of the Art’ Defense in The EEC,” University of Detroit International Law Newsletter, Volume 1 Number 2, 1992
• Plunkett Cooney Quarterly Insurance Coverage Newsletter, Editor, 1992-2000

PROFESSIONAL AFFILIATIONS

• Detroit Metropolitan Bar Association
• State Bar of Michigan (Negligence, Litigation and Environmental Law sections)
• American Bar Association (Litigation, Torts and Insurance practice section)
• Federal Bar Association (Rules & Practice committees)
• Defense Research Institute (Professionalism and Ethics Committee)
• Association of Defense Trial Counsel

Community Involvement 

• Board of Directors, Boll Family YMCA
• Board of Directors, Windsor YMCA 
• ALFA Insurance Steering Committee

Publications

• Court Upholds No-Fault Act’s $1 Million Property Damage Cap