PROFESSIONALS

Kelly L. Stoltz

Partner
blank image Kelly L. Stoltz
10 South Wacker Drive
36th Floor
Chicago, IL 60606, US

T: 312.585.1435 F: 312.585.1401
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Biography
BIOGRAPHY
Kelly focuses her practice on insurance coverage and bad faith litigation, and has successfully represented insurance clients in coverage disputes before state and federal courts throughout the country. Kelly works closely with insurance industry clients to identify and implement the most effective means for expedient resolution of coverage disputes, whether through dispositive motion practice, trial, appellate review, or settlement.


Her experience includes evaluating and managing complex coverage matters for insurers involved in actions arising from a number of subject areas, including: 

  • Bad Faith
  • Construction Defect
  • Environmental
  • Toxic Tort
  • Product Defect
  • Personal and Advertising Injury
  • General Commercial Litigation


In addition to her litigation practice, Kelly counsels insurers on a variety of novel and emerging insurance coverage issues.

Memberships

  • Chicago Bar Association
  • Missouri Bar Association 
  • Defense Research Institute

Awards & Rankings

  • Illinois Super Lawyers® (Insurance Coverage), 2023 – present

Before Nicolaides

Before joining the firm, Kelly was an associate at a Chicago insurance coverage firm, where she concentrated her practice in coverage litigation. Previously, Kelly’s practice focused on both insurance coverage and construction litigation.

While completing her legal studies, Kelly served as a judicial extern to the Honorable Mary K. Hoff, in the Missouri Court of Appeals, Eastern District.  

Outside Nicolaides

Kelly enjoys spending time with her family and volunteering in her community.

EXPERIENCE
  • Obtained summary judgment in favor of excess insurer based upon late notice by additional insured that breached policy conditions.
  • 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.
  • Successfully established validity of covenant not-to-compete.
  • Obtained summary judgment for excess insurer with respect to bad-faith claims handling allegations.
  • Obtained affirmance of summary judgment finding insured breached policy terms and insurer's claim handling did not constitute bad faith.
  • Obtained affirmance of summary judgment precluding coverage for class action settlement, arguing that defective product damages were not caused by an occurrence.
  • Secured affirmation of summary judgment for client, arguing that Your Work exclusion precluded coverage for significant third-party business-interruption claim.
  • Obtained judgment in Minnesota federal court, finding that insurer's modification of coverage position was not a breach of the implied covenant of good faith and fair dealing.
  • Established Eighth Circuit precedent by securing ruling regarding application of batch clause in the commercial products context.
  • Obtained advantageous, confidential settlement of claim involving alleged violations of the Clean Air Act and responsive remedial measures.
INSIGHTS