PROFESSIONALS

Cody S. Moon

Partner
blank image Cody S. Moon
10 South Wacker Drive
21st Floor
Chicago, IL 60606, US

T: 312.585.1430 F: 312.585.1401
Cody focuses his practice on litigation and trial work, with more than 20 years of experience chairing trials in insurance coverage and general commercial disputes in state and federal courts across the United States. Cody also spends a considerable amount of time counseling clients regarding consent judgments, covenants not to execute, and associated claims handling issues under Missouri, Minnesota, Kansas, and Illinois law. His passion for the law and advocating on behalf of his clients has resulted in numerous favorable trials, rulings, and settlements.


His extensive experience includes assessing and litigating complex disputes for domestic and international insurers involving a number of subject areas, including:

  • Primary & Excess General Liability
  • Bad Faith
  • Commercial Transportation and Transportation Broker Liability
  • Product Defect
  • First-Party Property and Claims involving Direct Physical Loss/Damage
  • Environmental
  • Counseling and Risk Management
  • Appeals


In addition to his litigation work, Cody also has experience in appellate practice, successfully briefing appeals before the United States Court of Appeals for the Eighth Circuit, Illinois Court of Appeals for the Fifth District, and the Missouri Court of Appeals for the Eastern District.

Our team of highly respected and successful attorneys are routinely entrusted to manage cases involving novel coverage issues.

Memberships

  • Defense Research Institute
  • Illinois State Bar Association 
  • Kansas Bar Association
  • Minnesota Bar Association
  • Missouri State Bar Association

Awards & Rankings

  • Illinois Super Lawyers® (Insurance Coverage), 2021 – 2024
  • Emerging Lawyer, Leading Lawyers Network, 2015 – 2019 
  • Rising Star, Illinois Super Lawyers®, 2012 – 2018

Outside Nicolaides

Cody enjoys spending time with his son, daughter, and wife, taking part in outdoor activities, supporting Missouri sports teams, and trying new craft beers while traveling in the U.S. and abroad.

EXPERIENCE
  • Secured multimillion-dollar judgment requiring the insured and another insurer to reimburse our insurer client based upon a batch clause endorsement.
  • Obtained summary judgment in favor of insurers on insured's counterclaims for bad faith and breach of the implied covenant of good faith and fair dealing, which also resulted in defeat of insured's request for attorney's fees under Minnesota's "Morrison" exception to the American Rule.
  • Obtained summary judgment for excess insurer with respect to bad-faith claims handling allegations.
  • Negotiated favorable settlement for excess insurer after $36 million judgment was entered for two individuals injured in an explosion.
  • Obtained defense verdict for third-party defendant after a three-week jury trial that resulted in the then-largest FELA bodily injury judgment against the defendant/third party plaintiff.
  • Advised client regarding potential coverage under multiple insurance policies providing domestic and foreign coverage for products-liability claim by German automobile manufacturer, due to the insured's use of inadequate plasticizer, resulting in alleged damage to automobiles in China, Canada, United States, Germany, Sweden, and other countries. 
  • Advised client regarding potential coverage for products liability claim asserted against the insured by a French hotel and French general contractor arising from the insured's films used in wallcovering products.
  • Advised insurance company client regarding potential coverage under U.S. primary and excess policies, as well as an Austrian Master policy for product defect claim against the insured for supplying defective bottle caps for soda pop bottles.
  • Advised insurer client regarding potential coverage under U.S. and Netherlands policies for a product defect claim asserted against insured by multiple customers regarding contaminated food ingredients used in the baking of various food products.
  • Advised insurer regarding potential coverage under Bermuda-form policy issued in London for U.S. and Canadian product defect lawsuits asserted against the insured for tens of thousands of defective exhaust systems in semi-truck engines.
  • Advised insurance company client regarding potential coverage under Canadian general liability and automobile policies for motor vehicle accident involving insured's employee in Missouri.
  • Advised insurer client regarding coverage for fatal boat accident in Missouri involving U.S. and Canadian insurance policies and a Canadian-named insured.
  • Advised client as to coverage for fatal accident involving insured's grain storage system in Mexico.
  • Advised client on coverage litigation for numerous underlying bodily injury claims arising out of insured's alleged support of Colombian National Army, which allegedly used the support for terrorist activity.
  • Represented global insurer in declaratory judgment action pending in Alabama federal court regarding coverage for a construction site fatality.
  • Represented a global insurer in New Mexico federal court regarding a trucking fatality.
  • Successfully resolved claim without any contribution from global insurer client in connection with insured's contaminated product sold under a private label agreement.
  • Defended insurer in a declaratory judgment arising out of an engineering- and construction-defect claim in South Carolina with respect to the Lake Blalock Dam and Reservoir.
  • Represented global insurer in federal court with respect to coverage for claim involving off-road stunt that killed a spectator.
INSIGHTS

ADDITIONAL SPEAKING & WRITING

  • Panelist, Extra Contractual Counsel Meeting (September 2020)
  • Co-presenter, "Show Me The Issues: Missouri Law Considerations" (May 2019)
  • Co-presenter, "Updates on Missouri Law and Practical Claim Handling Considerations" (October 2018)
  • Presenter, "Determining Duties and Obligations: Insuring Agreement, Exclusion and Conditions" (2015, 2016)
  • Co-presenter, "Missouri Consent Judgments and RSMo. 537.065" (May 2013)
NEWS