Randall I. Marmor

Partner

  • Office Contact Info
  • Biography

    Randall Marmor is a partner in the Chicago office.  He concentrates his practice on liability insurance coverage law and insurance coverage litigation.  Mr. Marmor represents domestic and London market insurers and sureties in matters involving coverage issues under professional liability policies, directors and officers liability policies, fidelity and financial institution bonds, crime policies, and surety bonds. 

    Mr. Marmor's practice includes all aspects of insurance coverage law.  He frequently represents insurers under professional liability and directors and officers liability policies, counseling them on coverage issues, drafting coverage position letters, monitoring litigation and litigating coverage disputes.  He regularly drafts policy language and develops new products and endorsements on behalf of insurers. 

    Mr. Marmor has extensive experience representing insurers in connection with claims that implicate employee dishonesty and other coverages under financial institution bonds, fidelity bonds, and crime policies.  He also handles claims under policies covering liability and loss from cyber fraud. He is a frequent lecturer and author in the area of fidelity coverage and has been published by the American Bar Association, the Fidelity Law Association, and the Surety Claims Institute.  He is co-editor of the American Bar Association treatises on commercial crime insurance (Commercial Crime Insurance Coverage; The Commercial Crime Policy, 2nd Edition). 

    Additionally, Mr. Marmor represents sureties in connection with claims of obligees under performance bonds, claims by subcontractors and material suppliers under payment bonds and related mechanics lien litigation.  He is a contributing author of the American Bar Association's treatises on the surety's general agreement of indemnity (The Surety's Indemnity Agreement-Law and Practice, 1st and 2nd eds).  He recently represented a surety trade association before the Illinois Supreme Court, amicus curiae, involving application of statutes of limitation to sureties' claims under general agreements of indemnity. 

    Mr. Marmor has been named a Fellow of the American Bar Foundation, an organization dedicated to advancing justice through rigorous research on the law, legal practices and the law's impact on society. The Fellows is an honorary organization of lawyers, judges and legal scholars whose public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession.  Membership in the Fellows is limited to one-third of one percent of lawyers licensed to practice in each jurisdiction.  Members are nominated by Fellows in their jurisdiction and elected by the Board of the American Bar Foundation.

    Admissions

    Illinois

    Memberships

    American Bar Association
    Fidelity Law Association
    Surety Claims Institute

  • Practice Areas
  • Representative Experience
    • Representation of the London market as national coverage and monitoring counsel in connection with claims under professional liability policies and financial institution bonds issued to the mortgage industry.
    • Representation of insurers in connection with claims arising from Trojan horse viruses that resulted in loss of customer data, fraudulent transfers from bank accounts and payment of fictitious invoices.
    • Representation of domestic insurer in a directors and officers coverage action arising from the dissolution of a national bank.
    • Representation of international liability insurers in connection with claims arising from privately funded securitization of $200 million in sub prime mortgages.
    • Representation of London market insurers in a $24 million fidelity claim arising from a complex loan fraud and kickback scheme.
    • Representation of insurer in a seminal Illinois case addressing the compensability of indirect losses under a crime policy.
    • Representation of insurers in connection with a high exposure check kiting loss implicating novel issue of whether an insured's intentional disregard of internal policies abrogates coverage under a financial institution bond.
  • Publications & Presentations

    Books

    COMMERCIAL CRIME INSURANCE COVERAGE, American Bar Association (Co-Editor 2014).

    COMMERCIAL CRIME POLICY, SECOND EDITION, American Bar Association (Co-Editor 2004).

    Complimentary Provisions of the Indemnity Agreement, chapter appearing in THE SURETY’S INDEMNITY AGREEMENT: LAW AND PRACTICE, SECOND EDITION, American Bar Association (M. Klinger et al. eds. 2008).

    The Surety’s Right to Settle Claims, chapter appearing in THE SURETY’S INDEMNITY AGREEMENT: LAW AND PRACTICE, American Bar Association (M. Klinger et al. eds. 2002).

    Papers

    The Surety’s Liability Under Design/Build Contracts, Surety & Fidelity Claims Association (June 2011).

    “On Premises” Coverage for the Bad Exchange Scam, American Bar Association (Co-author, October 2010).

    Protecting the Surety’s Cash Collateral, The Pearlman Annual Meeting (September 2009).

    Implications of Parallel Criminal Proceedings on Fidelity Claims Investigations, American Bar Association (August 2009).

    Liability of Payee for Accepting Fraudulent Checks In Payment of a Fiduciary’s Personal Debt.  XII Fid.L.J. 49 (2006).

    Obtaining Bank Examination and Suspicious Activity Reports in the Investigation of Financial Institution Bond Claims.  39 TORT TRIAL & INS. PRAC. L.J. 947 (2004).

    Recent Developments in Fidelity and Surety Law, 39 Tort Trial & Ins. Prac. L.J. 421 (2004); 38 Tort Trial & Ins. Prac. L.J. 381 (2003); 37 Tort & Ins. L.J. 445 (2002); 36 Tort & Ins. L.J. 335 (2001) and 35 Tort & Ins. L.J. 327 (2000).

    Annual Survey of Fidelity and Surety Law, 71 Def. Couns. J. 179 and 412 (2004); 70 Def. Couns. J. 150 and 390 (2003); 69 Def. Couns. J. 88 and 338 (2002); 68 Def. Couns. J. 93 & 356 (2001); 67 Def. Couns. J. 114 & 372 (2000); 66 Def. Couns. J. 109 & 391 (1999).

    Criminal Restitution and Forfeiture – An Alternative to Traditional Salvage, Surety Claims Institute (June 1999).

    Overpayment of the Principal as a Defense to the Surety.  Presented to the Fidelity and Surety Law Committee, American Bar Association (January 1997).

    Illustrative Provisions of a General Agreement of Indemnity Taken in Connection with Contract Surety Bonds, 62 Def. Couns. J. 259 (co-author, 1995).

  • Education

    Education

    J.D., The John Marshall Law School

    B.A., Eastern Illinois University

    Honors

    Fellow, American Bar Foundation

    AV® Preeminent™,
    Martindale-Hubbell