Loren S. Cohen Partner

     

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Loren Cohen has practiced in all areas of insurance defense litigation throughout his more than 25-year legal career. While Loren focuses his practice on commercial and business litigation, he also represents various companies, not-for-profit organizations, and individuals in general and professional liability matters. He has tried cases in various jurisdictions in the state of Illinois, including Cook, DeKalb, Kankakee and Vermillion counties as well as in the Northern District of Illinois. 

Loren is a determined and insightful litigator who has a keen ear for the concerns and needs of his clients, empowering them to make fully informed decisions regarding direction and strategy. He is especially careful to clarify the litigation process for clients using his talent for accurate case evaluation and assessment of liability and damage exposure. In addition, Loren’s experience on the plaintiffs’ side often gives him an advantage in knowing the avenues an adversary is likely to pursue.

Areas of Focus

Commercial Litigation
In the commercial arena, Loren has defended contract, fraud, breach of fiduciary duty, misrepresentation and other business tort claims. He possesses the breadth and depth of experience to serve large, well-established enterprises as well as small, entrepreneurial organizations effectively. His clear-headed advice and ability to recommend practical options often helps bridge the gap so parties can reach agreements and avoid protracted legal battles.

Complex Tort & General Casualty / Professional Liability
Loren represents various corporations, not-for-profit organizations and individuals in defense of transportation, premises, construction, products, employment, professional and various other general liability matters. In the area of professional liability defense, Loren has represented lawyers, ER physicians, osteopaths, podiatrists, architects, engineers, land surveyors and general contractors. A frequent speaker, Loren has lectured at the Midwest Podiatry Conference regarding issues concerning workers' compensation and the Americans with Disabilities Act and has spoken on risk management and defense of podiatric malpractice claims to podiatry residents at Loyola University Medical Center in Chicago.

Sports & Entertainment
Loren is a former co-chair of the Sports, Entertainment and Amusements team, a subgroup of the firm's Complex Tort & General Casualty practice. He has represented a national insurer of sports- and entertainment-related risks, and has supervised litigation and served as lead defense counsel on matters involving various insureds, including karate clubs, mixed martial arts studios, dance studios, youth football leagues, youth basketball leagues, roller rinks, skate parks, amusement attractions and event promoters. In addition, Loren has presented seminars and CLE-qualified programs for a national insurer of sports and entertainment risks regarding the duties owed under Illinois law to participants and spectators at sporting events and issues concerning the use of social media in litigation.

Social Service Agencies
Loren has successfully defended various social service agencies, including drug and alcohol treatment centers, homeless shelters, daycare centers, foster care programs and group homes for developmentally disabled adults. He has handled claims alleging abuse and neglect, inadequate supervision, sexual battery and general negligence.

Insurance Coverage
Loren serves as coverage and litigation counsel to insurers in the United States and London in matters pertaining to various forms of general and professional liability coverage, including D&O, E&O, lawyers, architects and engineers, employment practices liability and CGL coverage. Loren has experience with primary and excess insurers in connection with some of the most significant D&O and E&O industry exposures, including the credit crisis, subprime meltdown, rogue trading, and mutual fund scandals, among others.  He has successfully litigated coverage issues regarding duty to defend, right to select counsel, late notice and the professional services exclusion under those policies resulting in summary judgment and favorable settlements. Loren has presented CLE seminars to attorneys at major insurance companies regarding coverage issues that arise under professional liability insurance policies.

Representative Matters

Won jury verdict in favor of defendant organization and its driver in pedestrian dart out case in the Circuit Court of Cook County, IL. Twelve-year-old traumatically brain injured plaintiff asked for $35 million at trial. (Motion for new trial was granted; case was retried by excess carrier’s defense counsel resulting in plaintiff’s verdict.) 

Won jury verdict in favor of defendant podiatrist in malpractice case in the Circuit Court of Cook County, IL. Plaintiff alleged negligence in performing bunionectomy, which resulted in nonunion.

Won jury verdict in favor of insurer of housing development in subrogation fire loss case in the Circuit Court of Vermilion County, IL. Jury awarded full recovery of property damages in excess of $188,000.

Represented church defendant in premises liability jury trial in the Circuit Court of Cook County, IL. Plaintiff, a painter who sustained partial amputation of his finger during a pick-up basketball game in the church gym, settled prior to closing arguments for less than a third of the original demand.

Won bench trial for defendant homeowners in breach of contract/mechanics lien action in the Circuit Court of Cook County, IL, arising from the construction of a deck and screen room. Defendants also prevailed on counterclaim for full amount of damages and successfully garnished plaintiff’s bank account to collect on the judgment.

Won arbitration award in favor of defendant yoga center in a commercial lawsuit brought in the Circuit Court of Cook County, IL, by a competing yoga center for breach of asset purchase agreement.

Prevailed on a motion to dismiss a $6 million lawsuit against a former CFO for false and misleading representations of the company's financial condition. The plaintiff alleged that the company, through its directors and officers, inflated the company's accounts receivable reflected on Borrowing Base Certificates for a loan, including double billing totaling $1.245 million.

Obtained dismissal of complaint in favor of client day care center in a case involving a boy who allegedly sustained traumatic injury there and died a day later at co-defendant hospital. The client successfully argued lack of diligence in service of process.

Obtained dismissal of plaintiff’s complaint against drug rehab center defendant in personal injury lawsuit in Circuit Court of Cook County, IL. Plaintiff alleged negligent referral to the recovery home at which he was stabbed.

Obtained summary judgment in favor of property manager defendant in premises liability lawsuit in Circuit Court of Cook County, IL. Plaintiff sustained a leg laceration when she stepped over a contractor working on the premises.

Obtained summary judgment in favor of homeless shelter defendant in premises liability lawsuit in Circuit Court of Cook County, IL. Plaintiff alleged injuries sustained when she slipped and fell on a puddle of urine in the hallway.

Obtained summary judgment in favor of rental car company defendant in auto liability lawsuit in Circuit Court of DuPage County, IL. Plaintiff sought punitive damages under theories of agency and negligent entrustment against defendant for negligently allowing its leasing manager to drive one of its company’s vehicles while intoxicated.

Obtained dismissal with prejudice in favor of defendant in invasion of privacy lawsuit in Circuit Court of Cook County, IL. Plaintiff claimed purported unauthorized disclosure of medical records. Affirmed on appeal.

Obtained dismissal with prejudice in favor of client intimate apparel retailer.  Plaintiff claimed client negligently allowed a contractor to perform repair work in the dressing room area during business hours and negligently designed the dressing room, which allowed for the contractor to allegedly videotape Plaintiff disrobing.  Plaintiff, who caught the “peeping Tom” in the act, claimed she suffered from severe emotional distress as a result.

Obtained judgment on the pleadings in favor of insurance company defendant on insured’s estoppel claim in Circuit Court of Cook County, IL. Plaintiff claimed defendant failed to recognize a purported conflict and failed to provide an adequate defense in the underlying employment case.

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