Thomas K. Hanekamp

ABOUT

Tom Hanekamp is an accomplished litigator and trial lawyer who focuses his practice on major commercial litigation on a nationwide basis on behalf of insurers in coverage matters involving general liability, first party, management liability and professional liability. In addition, Tom regularly counsels clients with respect to insurance coverage issues associated with D&O, E&O, EPL, ERISA, general liability, and first party claims, including those involving allegations of bad faith.

For more than 30 years, Tom’s general liability experience includes matters alleging bad faith, environmental, asbestos, PFAS, and other long tail exposures. Tom also has experience defending toxic tort, products liability, premises liability, and other such litigation involving bodily injury and property damage.

Tom served as a Director of Deliverance Manor Housing Corporation, subsidized apartments for the elderly on Chicago’s South Side; volunteered at Breakthrough, a women’s shelter in Chicago’s East Garfield Park neighborhood; participated in the Lawyers in the Classroom program at Chicago Public Schools; served on his local school board for three years; volunteered at Hesed House, a homeless shelter in Aurora, Illinois; and is a member of the Grant Park Advisory Council in Chicago. Tom and his wife, Nada, live in Chicago, and they have two adult children – a daughter living in New Jersey with her husband and son, and a son who lives and works in Berlin, Germany.

Education

DePaul University College of Law, J.D., 1986
Indiana University, B.A., Psychology, 1983

Areas of practice

,

Litigation Percentage

100% of Practice Devoted to Litigation

Bar Admissions

Illinois
U.S. District Court for the Northern District of Illinois, Trial Bar
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Central District of Illinois
U.S. Court of Appeals for the Seventh Circuit
U.S. District Court for the Western District of Michigan
U.S. Supreme Court
U.S. District Court for the Eastern District of Wisconsin
U.S. Court of Appeals for the Third Circuit, 2020

Associations

Defense Research Institute (DRI)
Professional Liability Underwriting Society (PLUS)
American College of Coverage Counsel, Fellow
Chicago Bar Association, Insurance Law Committee, Co-Chair (2021-2024) and Legislative Liaison (2020-2021)
Illinois Defense Counsel (2022)

Representative Cases

- Won summary judgment in federal court on behalf of D&O and general liability insurer where insured sought more than $3 million for defense of lawsuit alleging misappropriation of trade secrets.
- Obtained temporary restraining order and preliminary injunction as lead trial counsel in matter involving fraudulent transfer of assets.
- Won summary judgment on behalf of insurer in a federal court lawsuit between insurer and corporation concerning insurance coverage under D&O policy for shareholder class-action litigation arising from restatement of corporation’s financials.
- Won summary judgment dismissing insurer client from lawsuit over E&O insurance coverage for a title company.
- Represented insurer in response to claim for coverage presented by securities firm facing multiple lawsuits arising from a Ponzi scheme.
- Won summary judgment on behalf of insurer in a lawsuit involving issues of successor corporation’s rights to insurance coverage for environmental liabilities.
- Represented insurer in response to a claim for coverage under a D&O policy where underlying matters involve FDIC failed bank litigation.
- Obtained a jury verdict in favor of client in a lawsuit involving alleged defective design of commercial vehicle.

AWARDS & RECOGNITION

AV Peer Review Rating from Martindale-Hubbell
Illinois Leading Lawyer in Insurance Coverage Law (2011-2025)
Illinois Super Lawyer in Insurance Coverage (2005-2006, 2008-2025)
Best Lawyers in America (2022-2027)

PRESENTATIONS AND PUBLICATIONS

Tom is a frequent author and speaker on a variety of topics, such as failed bank litigation, the subprime mortgage crisis, the proper use of experts in litigation, presenting the corporate witness for deposition and electronic discovery. Additionally, he is a long-time author and editor of a monthly e-newsletter and subsequent blog providing insight into recent case law in the specialty lines arena and their potential impact on insurers’ coverage determinations and claims handling.

Publications include:

• “Application of the Insured v. Insured Exclusion in FDIC Failed Bank Litigation,” Mealey’s Emerging Insurance Disputes, Vol. 18, #20, October 24, 2013
• “From Subprime Crisis to Credit Crunch to Recession: The Liability and Coverage Implications for Professional Liability and E&O Insurers,” a proprietary paper, February 2009
• “Insurance Policy Rescission,” The Risk Report, June 2008
• “Recent Developments Affecting the Right of Rescission,” Federation of Defense and Corporate Counsel Quarterly, December 2007

Presentations include:

• “Smart Tools, Smarter Ethics: Meeting Your Ethical Duties in the Age of AI,” National Forum for Environmental and Toxic Tort Issues, 2026
• “Combating Social Inflation in Asbestos and Other Litigation,” National Forum for Environmental and Toxic Tort Issues, 2025
• “Directors’ & Officers’ Liability and Employer’s Liability: An Overview,” 2025
• “McDonald’s and Meta Officer Liability and the Potential D&O Policy Issues,” American Bar Association, 2024
• “McDonald’s and Meta Officer Liability and the Potential D&O Policy Issues,” American College of Coverage Counsel, 2023
• “Recent Developments in Insurance,” Chicago Bar Association, Insurance Law Committee
• “New Developments in Bad Faith Law,” a private client seminar
• “Multiple Claimants, Multiple Insureds and Consent Requirements – Settlement Considerations for Insurers”
• “Consent Judgments – Considerations Before and After Entry” in the D&O/E&O context
• “Current Issues – What Is a Claim?” in D&O context
• “Insurance Coverage for Governmental Investigations”
• “Application of the Insured v. Insured Exclusion in FDIC Failed Bank Litigation”
• “FDIC’s Investigation of Failed Banks and Litigation Against Directors & Officers: An Overview of Coverage Issues and Playing the IvI Exclusion Card,” New World Insurance Issues seminar
• “Insurance Coverage for Subprime Mortgage Litigation,” Chicago Bar Association/Young Lawyers Section’s Insurance Law Committee
• “Cutting Edge Claims Issues – 2009″
• “How to Manage Insurance Coverage in the Subprime Crisis,” DRI Insurance Law Committee webinar
• “E-Discovery Update: Managing Costs and Managing the Process,” FDCC Corporate Counsel Symposium, Dallas
• “Subprime Mortgage to Credit Crunch: An Overview of the Litigation,” Federation of Defense and Corporate Counsel’s Annual Meeting, Alberta, Canada
• “Facts Impacting Coverage,” Federation of Defense and Corporate Counsel‘s Litigation Management College
• “E-Discovery,” Federation of Defense and Corporate Counsel’s E-Discovery Task Force