Scott L. Schmookler

Partner

Scott L. Schmookler is a partner in Clausen Miller’s Chicago office.  Scott concentrates his practice in the areas of commercial litigation, insurance coverage and bank litigation. 


Scott has extensive experience representing insurers in coverage disputes, particularly in the areas of fidelity and surety bonds, directors and officers’ insurance, and professional liability insurance.  He regularly represents domestic and international insurers in coverage evaluation and litigation, has drafted policy language for different types of policies, and has developed different types of policies for a major insurer.


Because of his experience, Scott frequently is retained to represent insurers in complex coverage disputes across the country -- many of which involve novel issues of law.  Some recent assignments have included:

  • • Representation of an international insurer in a $92 million financial institution bond claim arising from an international lending fraud perpetrated by three borrowers.
  • • Representation of an international insurer in a $40 million fidelity claim arising from a health insurance fraud perpetrated on the federal government.
  • • Representation of a national insurer in a $4 million claim under a director’s and officer’s policy.

Scott also has extensive commercial litigation experience as he counsels corporate and individual clients.  His experience includes the successful resolution of breach of contract and breach of fiduciary duty cases, defense of actions against condominium and real estate developers, and the misappropriation of trade secrets.  Some recent assignments have included:

  • • Representation of a corporate client in a $30 million fraud and breach of fiduciary duty action against a publicly traded company.
  • • Representation of a condominium association in an asbestos-related lawsuit claim.
  • • Representation of a corporate client in a $2 million breach of contract action against a publicly traded company. 


Scott also counsels corporate clients and financial institutions on UCC issues involving negotiable instruments and banking related matters.  He has represented clients in various types of banking disputes, and has extensive experience with Article 3 and 4 of the Uniform Commercial Code.  Some recent assignments have included:

  • • Representation of a corporate client in a multi-million commercial dispute under Article 4A of the Uniform Commercial Code.   
  • • Representation of a corporate client in a multi-million dispute under Illinois Fiduciary Obligations Act. 
  • • Representation of a corporate client in a multi-million dollar action under Article 3 of the Uniform Commercial Code. 

Scott is an active member of the American Bar Association, the Fidelity Law Association and the Surety Claims Institute.  He is a frequent lecturer and scholar in the area of fidelity and surety.

 

Education

  • J.D. Illinois Institute of Technology / Chicago-Kent College of Law, 1996
  • B.A. Bradley University, 1993

Court Admissions

  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan
  • U.S. District Court, Western District of Iowa

Organization Affiliations

  • Illinois State Bar Association 
  • American Bar Association
  • The Fidelity Law Association
  • The Surety Claims Institute

View this attorney's Reported Decisions, Verdicts and Judgments.