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David E. Morgans

legal offices of Myers Carden & Sax, LLC in Chicago, IL

Suite 2200
30 North LaSalle
Chicago, IL 60602

Ph: 
(312) 377-9586 (Direct)
Fx: 
(312) 345-7251

David has devoted most of his legal career to the defense of professional liability cases and the analysis and litigation of insurance coverage matters. In the professional liability area, his concentration has been the representation of attorneys and insurance agents, while also handling suits against investment advisors, real estate agents and appraisers, travel agents and other professionals. He has been retained by errors and omissions insurers and by insureds in legal professional liability matters, and has tried legal malpractice cases in Illinois, Wisconsin and Ohio.

David has represented attorneys in many areas of legal practice. Most recently, he successfully defended a lawyer, serving as a bankruptcy trustee, against a motion for sanctions that charged the trustee with having prosecuted a frivolous and fraudulent legal malpractice claim. GROCHOCINSKI v. MAYER BROWN ROWE & MAW LLP, 452 B.R. 676 (N.D.Ill. 2011), aff’d, 719 F.3d 785 (7th Cir. 2013).

In the area of insurance litigation, his experience includes one of the first trials in the United States of an environmental insurance coverage case (SELVIG v. LENTZ, tried February 2-16, 1989, Dunn County, Wisconsin), as well as numerous cases at the trial and appellate level involving liability policies, life insurance policies and ERISA plans.

In the appellate realm, David has handled cases in both the Seventh Circuit (e.g., Grochocinski, cited above, and Pistas, cited below) and the Illinois Appellate Court, such as NAGY v. BECKLEY, 218 Ill.App.3d 875, 578 N.E.2d 1134, 161 Ill.Dec. 488 (1991), a seminal case which established that professional liability claims against Illinois attorneys cannot be based solely on violations of the professional ethics code. He was also involved in numerous cases involving attempts by factoring companies to purchase structured settlements from injured parties for lump sums, including a bankruptcy court’s precedent-setting opinion establishing that federal bankruptcy remedies do not prevail over state laws prohibiting the sale of structured settlements without state court approval. In re CROSSMAN, 259 B.R. 301, 2001 Bankr. LEXIS 205 (Bankr. N.D.Ill. 2001).

David’s ERISA experience includes the case of HOWE v. ZURICH, 89 F.Supp.2d 1011 (N.D.Ill. 2000), determining that AD & D benefits were not available to a survivor whose decedent perished in a hang gliding accident.

In the representation of insurance agents, he prevailed for the defense in a case involving the concealment of cancer in a life insurance application. PISTAS v. NEW ENGLAND, 843 F.2d 1038 (7th Cir. 1988)


Current Employment Position(s): 

Partner

Areas of Practice: 

Insurance Law
Professional Liability Defense

Bar Admissions: 

Illinois
U.S. District Court for the Northern District and
U.S. District Court for the Central District of Illinois;
U.S. Court of Appeals 7th Circuit;
Federal Trial Bar.

Education: 

University of Chicago Law School, Chicago, Illinois, 1975
J.D.
Dartmouth College, Hanover, NH, 1972
A.B.
Honors: summa cum laude
Major: History

Professional Associations and Memberships: 

Chicago Bar Association
Illinois State Bar Association
- (Member, Standing Committee on Professional Conduct, 2011-present; Chair, 2015-16)
Lake County (Illinois) Bar Association
Dartmouth Lawyers Association