Brian J. Benoit

Brian J. Benoit
Associate

Practice Areas:

Litigation, Claims Management and Legal Consulting. Brian is a litigator, experienced in the defense of corporations and individuals nationwide in the areas of auto liability, premises liability, products liability, fire and casualty and commercial disputes. He also counsels clients on risk management issues, asset protection and debt resolution matters. Brian has also worked as a liability adjuster handling first and third party claims, issued coverage opinions and subrogated claims on behalf of major insurance carriers.

Brian is also active educating the insurance industry, corporations and the public sector through nationwide seminars and articles published in various industry publications

Professional Membership and Activities:
Chicago and Illinois Bar Associations; Illinois Association of Defense Trial Counsel; Defense Research Institute and the Counsel for Claims and Litigation Management Alliance.

Publications and Seminars:

Publications Authored

What’s the Damage? Properly Evaluating Real and Personal Property Claims, CLM Magazine, Claims and Litigation Management Alliance, March, 2017.

Managing a Fire Claim: Guide for Claims Handlers to Effectively Investigate and Evaluate a Fire Loss. Professional Development Course Materials and Exam, Claims and Litigation Management Alliance, 2016.

Don’t Go Up in Smoke – Following NFPA 921 in a Fire Claim Investigation, Litigation Management, Claims and Litigation Management Alliance, Winter, 2015.

After the Fire, Evaluating Exposure and Expense Post-Scene Exam, Litigation Management, Claims and Litigation Management Alliance, Fall, 2015.

No defect? No problem. Proving Product Liability Claims Through Circumstantial Evidence, Westlaw Journal – Medical Devices, Thompson Reuters/Westlaw, Volume 21, Issue 25, February 10, 2015

When Does the Modification of a Product Trigger an Exception to the Statute of Repose? IDC Quarterly, Illinois Association of Defense Trial Counsel, First Quarter, 2015

Connecticut Ponders Liability in the Absence of Evidence, Law360, July 18, 2014

Design Defect and the Social Utility of a Product, Illinois Association of Defense Trial Counsel IDC Quarterly, Vol. 24, No. 2, 2014

Defending a Defect Allegation Based on Circumstantial Evidence, For the Defense, Defense Research Institute, November, 2013.

Fight Fire with Fire: Use of Industry Treatises in the Defense of Product Defect Claims, Defense Research Institute Strictly Speaking, June 26, 2012.

Defending Fire Claims 101: Investigation, Defense Research Institute, Strictly Speaking, Volume 6, Issue 4, Brian J. Benoit, Ryan M. Frierott, and James Rozak, 2009.

Smoking Out Judicial Treatment of NFPA 921: Guide for Fire and Explosion Investigations, For the Defense, Defense Research Institute, December 2008.

Use of Plaintiff’s Expert Affidavits to Create Questions of Material Fact, IDC Quarterly, Illinois Association of Defense Trial Counsel, Third Quarter, 2010, Vol. 20, No. 3.

Buyer Beware – Shielding Purchasers of Distressed Assets from Product Liability Claims, IDC Quarterly, Illinois Association of Defense Trial Counsel, Third Quarter, 2009, Vol. 19, No. 3.

Product Liability and Foreign Manufacturers, IDC Quarterly, Illinois Association of Defense Trial Counsel, Third Quarter, 2008, Vol. 18, No. 3.


Seminars Presented

Complex Insurance and Reinsurance Issues in Property and Casualty Claims, Lockton Complex Risk Symposium, St. Louis, MO, June, 2017

Claims & Coverage Involving Foreign Products, HB Litigation Complex Insurance Forum, Los Angeles, CA, February, 2016.

Bridging the Cultural Gap in a Global Environment, CLM Annual Conference, Palm Desert, CA, April, 2015

Investigation and Litigation of a Product Fire Loss Case, CLM Products Liability Conference, Dallas, TX June, 2013

What a Tangled Web We Weave When Dealing with a Party of Three: Examining the Relationship Between an Insured, Insured’s Counsel, and the Insurer, CLM Annual Conference, San Antonio, TX, April, 2013.

NFPA 921 In the Courts (Day long class), Missouri IAAI Annual Conference, June 2012, Lake of the Ozarks, MO

Eyes on the Prize – Insurance Adjusters’ Role in Scene Investigations, General Insurance Presentation, New York, NY, June, 2011.

Litigation on Fire, NFPA 921 in the Courts, NFPA National Conference, June 12 – 14, 2011. Boston, MA.

Nuts, Bolts and Spokes of Bicycle Claims, General Insurance and Retailer Presentation, Bentonville, AR and New York, NY, October, 2011

Investigation of Industrial Fires, General Insurance Presentation, New York, NY, June, 2011

Don’t Cross Me: Cross Examining the Adverse Expert, The Defense Research Institute, Fire and Explosion Seminar, November 2010, Chicago, Illinois.

Evolution of NFPA 921 and the Legal System, National Fire Protection Association Annual Conference, June, 2010, Chicago, IL.


Published Opinions

State Farm Fire & Casualty v. Jarden Corporation and Sunbeam Products, Inc., 2010 U.S. Dist., LEXIS 60327 (District Court held that Plaintiff’s electrical engineering expert was excluded from testifying under Daubert due to his failure to follow the scientific method and in particular, his lack of testing and evaluation of testimonial evidence as proscribed by NFPA 921).


Education:

B.A., The University of Arizona, 2002; J.D., The John Marshall Law School, 2006.

Admitted to the Bar of Illinois, 2006; United States District Court, Northern District of Illinois, 2007; United States District Court, Central District of Illinois, 2010

 

Telephone: (312) 917-1880
Direct Telephone: (312) 553-8646
Fax: (312) 917-1851
Email:  bjb@m2rlaw.com