Davis, Danita

Davis, Danita L. Partner

Davis, Danita L. Partner

Practice Focus

Danita Davis is Co-Chair of Tressler's Insurance Practice Group. She also practices with the Litigation Defense Practice Group.  Danita represents insurers in matters regarding first party property residential and commercial disputes, commercial general liability coverage, professional liability coverage, liquor liability coverage and employment practices liability coverage, among others. She advises insurers regarding a broad range of matters involving state and federal law throughout the country. She regularly appears in court on both routine and contested matters, participates in oral argument and conducts all facets of discovery and trial preparation. She has many favorable outcomes through dispositive motion practice in cases involving coverage and liability issues. Danita also has experience in alternative dispute resolution, having represented clients in settlement conferences and at mediations and arbitrations. Additionally, she has experience defending policyholders in suits alleging a wide range of claims, including but not limited to, premises liability, general negligence, vicarious liability, wrongful acts, contractual disputes, business torts, wrongful employment practices and wrongful acts and intentional conduct. 

Professional Background

Danita was recognized as an “Emerging Lawyer” by Leading Lawyers in 2015, 2016, 2017, 2018 and 2019. Danita was selected by her peers in the first edition of Best Lawyers in America©: Ones to Watch 2021. She was recently selected by her peers for the 2023 and 2024 edition of The Best Lawyers in America®. Before entering private practice, she served as a law clerk for the Honorable Ronald F. Bartkowicz in the Commercial Calendar of the Law Division of the Cook County Circuit Court. While in law school, Danita was selected as a Notewriter and served as the Executive Editor of Student Writing for the Valparaiso University Law Review. She also received Excellence in Pro Bono Award for her volunteer work.



Memberships & Affiliations

  • Illinois State Bar Association, Member

Publications

Recent Articles and Blogs

"Business Judgment Rule Shields In-House Counsel and Outside Counsel from Claims of Tortious Interference of Insurance Contract," Tressler Insurance Law Blog, April 24, 2023

"Holding: Employer’s Insurer Owes Duty to Defend Additional Insureds Despite That Employer Was Not Named as a Defendant in Original Complaint Under Illinois Law," Commercial General Liability Dispatch, September 14, 2020

"Homeowners Insurer Need Not Cover Judgment Against Insured For Abuse Based Upon “Business Activity” Exclusion," The Property Line, February 19, 2020

"First Circuit Sinks Its Teeth Into Application Of Intellectual Property Exclusion, Finding It Precludes Coverage For Suit Between Dental Product Competitors," Commercial General Liability Dispatch, August 26, 2019

"Massachusetts Appeals Court Reverses Insurer’s Win on “Your Work” Exclusion," Commercial General Liability Dispatch, July 10, 2019

"Under Illinois Law, Insurer Cannot Control Defense If It Reserves Its Rights Under Punitive Damage Exclusion and Punitive Damages Form Substantial Portion of Liability," Commercial General Liability Dispatch, May 15, 2019

"Wisconsin Supreme Court Apportions Defense Costs Pro Rata Based On Policy Limits," Commercial General Liability Dispatch, March 6, 2019

"Nevada Supreme Court Allows Consequential Damages for Breach of Duty to Defend Even in the Absence of Bad Faith," Commercial General Liability Dispatch, January 22, 2019

"Kentucky Supreme Court Holds Construction Defect is Not an “Accident”," Commercial General Liability Dispatch, May 23, 2018

"Formal Service of Petition for Appointment of Appraisal Umpire is Required Even if a Party Fails to Respond to Appraisal Demand, The Property Line, April 25, 2018

Illinois Court Holds Shooting “Arose Out Of” Premises For Purposes Of Additional Insured Endorsement," Commercial General Liability Dispatch, March 28, 2018

"Illinois Appellate Court Rejects Consideration Of Construction Agreement When Construing Coverage For Additional Insured," Commercial General Liability Dispatch, February 13, 2018

"Seventh Circuit Holds “Damage-to-Property” Exclusion Applies to Property Damage Caused by Poor Workmanship," Commercial General Liability Dispatch, January 9, 2018

"Eighth Circuit Refuses to Limit Pollution Exclusion to Injuries from Original Source of Pollutant," Commercial General Liability Dispatch, August 30, 2017

"Seventh Circuit Finds Duty to Defend Allegations of Faulty Workmanship Causing Damage to Other Property," Commercial General Liability Dispatch, July 21, 2017

"Texas Supreme Court Holds Judgment After “Non-Adversarial” Trial Unenforceable Against Insurer," Commercial General Liability Dispatch, July 10, 2017

"9th Circuit Affirms Application of Prior Litigation and Prior Loss Exclusions as Bar to Coverage," Bad Faith Bulletin, May 10, 2017

"Exhaustion Of SIR Found To Be Condition Precedent In Coverage For Additional Insured," Commercial General Liability Dispatch, April 6, 2017

News

Representative Experience

  • Art Bookbinders of America, Inc. v. Tudor Ins. Co., 1-10-1705, 2011 WL 10069456  (1st Dist. 2011)
  • Rosalind Franklin Univ. of Medicine and Science v. Lexington Ins. Co., et al., 2014 IL App (1st) 113755
  • Haley v. Kolbe & Kolbe Millwork Co., Inc., 14-cv-99, 97 F.Supp.3d 1047 (W.D. Wis. 2015)
  • Cole v. Paper Street Group, LLC, 1-18-474, 2018 IL App (1st) 108487

Presentations

“Taxi, Why Hailing a New Idea About Public Accommodation Laws May Be Easier Than Hailing a Taxi,” 37 Val. U. Rev. 929 (Summer 2003).

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