Seth M. Erickson

Partner

Chicago
Business Phone: 312.759.5930
Business Fax: 773.877.3737

seth.erickson@troutman.com

vCard

Seth advises insurers on coverage issues under professional liability, general liability, directors and officers, cyber, and employment practices liability policies. He also counsels insurers in coverage and bad-faith litigation in state and federal courts across the country. In addition to his insurance-coverage practice, Seth represents clients in general commercial litigation disputes and in bankruptcy-related matters.

Representative Matters

  • Tried jury case and gave the closing argument in a lawsuit that resulted in a $3.5 million verdict on claims of fraud, unjust enrichment and conversion. Agnew v. Agnew, No. 2011-L-6819 (Ill. Cir. Ct.), aff’d, 13-2901 (Ill. App. Ct.).
  • Won Sixth Circuit appeal holding that insurer only owed a pro rata share of defense and indemnity and that insurer was entitled to recoup more than $2 million from its insured. Cont'l Cas. Co. v. Indian Head Indus., 666 F. App'x 456, 458 (6th Cir. 2016).
  • Obtained reversal of bankruptcy court’s order confirming a 524(g) plan of reorganization. In re Plant Insulation Co., 734 F.3d 900, 904 (9th Cir. 2013).
  • Obtained summary judgment for insurer in coverage dispute for millions of dollars on the basis that plaintiff did not timely report its claim and did not qualify as an additional insured under the policy.
  • Represented insurer in 524(g) bankruptcy proceeding that resulted in a dismissal of the case and with no payment from the insurer. In re Eagle, Inc., No. 2:2015-bk-12437 (E.D. La.).
  • Won Seventh Circuit appeal addressing what constitutes “loss” under a D&O policy and clarifying the scope of the “mend-the-hold” doctrine. Ryerson Inc. v. Fed. Ins. Co., 676 F.3d 610, 612 (7th Cir. 2012).
  • Won motion to dismiss lawsuit based on a “related claim” being made prior to the insurer’s policy and because the claim did not involve “professional services.” Hilco Trading, LLC v Liberty Surplus Ins. Corp., No. 2012-CH-01580, 2012 WL 10901734 (Ill. Cir. Ct. Oct. 09, 2012).
  • Obtained summary judgment for D&O insurer in $10 million coverage dispute involving policyholder’s sale of a subsidiary. Ryerson, Inc. v. Fed. Ins. Co., 796 F. Supp. 2d 911, 911 (N.D. Ill. 2010).
  • Obtained asylum for an entire family in immigration court.
  • Obtained partial summary judgment in favor of excess insurer in major environmental pollution coverage case in Madison County, Illinois, based on policies’ pollution exclusion. Apex Oil Co. v. Accident & Cas. Ins. Co. of Winterthur, No. 2008-MR-00618 (Ill. Cir. Ct.).

Professional and Community Involvement

  • Chicago Legal Clinic Auxiliary Board, President 
  • The Chicago Bar Association, Judicial Evaluation Committee

Articles & Publications

Professional Experience

  • Partner, Troutman Sanders LLP, 2018-present
  • Associate, Troutman Sanders LLP, 2010-2017

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Education

  • Vanderbilt University, J.D., 2009
    Articles Editor, Vanderbilt Journal of Entertainment and Technology Law
  • Indiana University, B.S., with honors, 2006

Bar Admissions

  • Illinois

Court Admissions

  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Southern District of Illinois
  • U.S. District Court for the Northern District of Indiana
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit