Peter J. Preston is a partner with Hinkhouse Williams Walsh LLP. 

Peter litigates insurance coverage cases dealing with general liability and professional lines policies in state and federal courts throughout the United States, as well as in London and Bermuda arbitrations. In doing so, he has developed particular expertise in representing excess insurers in claims arising from multi-district litigation concerning pharmaceutical and medical device products. Insurers also consult with Peter to develop policy wordings and endorsements. 

Peter has extensive experience in developing successful trial strategies, preparing and defending witnesses for deposition, and in deposing expert and fact witnesses.  He has also written and argued complex motions on dispositive issues. In the course of this practice, Peter has developed expertise in developing effective and cost-efficient document review strategies, and in supervising their successful implementation and execution.  

Experience

Insurance Litigation

Representing excess insurers in connection with claims arising from product liability litigation concerning medical devices, contraceptives, pharmaceuticals, transportation losses, energy losses, and uncollectible chargebacks.

• 2015-16.  Lead counsel for an excess insurer in a $25 million, Bermuda form, London arbitration against one of the top health care companies in the world. Issues in the case, which arose from an MDL that involved more than 4,500 claimants and cost the insured nearly $900 million, involved the statute of limitations and accrual of the insured’s cause of action, and whether the insured expected or intended the loss, based on historic rates or levels of injury.
• 2013-15.  Lead counsel for an excess insurer in a $25 million, Bermuda form, London arbitration against one of the largest pharmaceutical companies in the world. Issues in the case, which arose from an MDL that involved approximately 8,500 suits and cost the insured approximately $1 billion, involved the proper scope of the integrated occurrence, and allocation of costs among covered and non-covered loss, and among an insured and a non-insured.
• 2013-15.  Lead counsel for a reinsurer of a captive in a $50 million, Bermuda form, London arbitration arising from an MDL over an atypical antipsychotic that included more than 28,000 claimants, and cost the insured nearly $1.1 billion. Issues in the case involved the proper scope of the integrated occurrence, and the proper allocation of costs among covered and non-covered loss.
• 2011-15.  Lead counsel at trial and on appeal for an insurer in coverage litigation concerning claims brought under the Telephone Consumer Protection Act (TCPA). Margulis v. BCS Insurance Co., 387 Ill. Dec. 780, 23 N.E.3d 472 (Ill. App. 1st Dist. 2014) (affirming summary judgment, finding no coverage under professional liability policy for TCPA liability), appeal denied.
• 2005-07.  Lead counsel for an excess insurer in $50 million coverage litigation arising from a $1.2 billion settlement of an MDL over an atypical antipsychotic. Issues in the case included rescission of the insurance contract due to material misrepresentations. Eli Lilly & Co. v. SR Int’l Bus. Ins. Co., Ltd. et al., No. 1:05-cv-590 (S.D. Ind. 2005).
• 2002-04.  Defending London market insurers in coverage litigation against a leading medical billing organization. Issues in the case included rescission of the insurance contract due to material misrepresentations. Per-Se Technologies, Inc. v. Certain Underwriters at Lloyd’s, London, No. BC 275132 (Sup. Ct. LA County CA. 2002).

Commercial, Products Liability, and Professional Negligence Litigation

• Obtaining sanctions for abusive discovery tactics against a serial plaintiff on behalf of a national organization with over 40,000 members. Jallali v. Nova Southeastern University, No. 11 C 8115, 2012 WL 2368322 (N.D. Ill. June 21, 2012). 
• Direct defense of commercial litigation and products liability cases involving asbestos and benzene. 
• Peter has also obtained defense verdicts in professional liability suits from juries in the Circuit Court of Cook County, Illinois.
  • Robinson v. Perry, No. 00 L 7771, Circuit Court of Cook County, Illinois (May 21, 2004).
  • Galvan v. Norwegian American Hospital, et al., No. 95 L 3889, Circuit Court of Cook County, Illinois (December 14, 2001). 

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