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Jonathan Barger

Partner | Chicago, Dallas

AV

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Jonathan Barger is a Partner working in Butler’s Chicago and Dallas offices. He is admitted to practice law in Illinois, Texas, Wisconsin, and Indiana.

Jon’s primary focus is first-party property claims and related coverage litigation, from large, complex commercial claims to personal lines claims. He has substantial trial and litigation experience both regionally and nationally. He routinely handles all aspects of litigation and has tried numerous jury trials, including as lead trial counsel.  He also has significant experience defending third-party liability claims, advising on third-party liability coverage questions, and litigating international commercial disputes. He has worked on claims worth over $450 million, across the USA and internationally.

Jon assists insurers with first-party claim issues ranging from legal assistance with claims investigations, conducting examinations under oath, and providing coverage opinions. He defends insurers against allegations of breach of contract, bad faith, and other extra-contractual relief. Jon has significant experience with fire losses and the multiple issues that arise from fire investigation methods and techniques, fire cause and origin determination, fire spread, and fire suppression system performance. In addition to his fire loss background, he has handled cases involving water, mold, wind damage, and other types of property damage.

Jon advises internationally-based insurers on claims involving significant liability exposures throughout the United States, including product liability, D&O liability, and financial line claims. His international experience includes working with European market insurers and defending European companies in U.S. Courts. His international background and expertise place him in a unique position to handle cases with complex jurisdictional issues.

Jon is a frequent insurance industry speaker and educator, providing training sessions and speaking at insurance industry conferences nationwide.  He has spoken on a wide range of property and other insurance topics. 

Jon received a Bachelor of Arts degree in French language and literature from Vanderbilt University. He studied with the Vanderbilt-in-France program in Aix-en-Provence and with the Centre International d’Études Françaises (“CIEF”) at the Université Lumière Lyon 2. He is fluent in French, with full business proficiency. He received a Juris Doctor degree from Chicago-Kent College of Law and a Certificate in International and Comparative Law.

Admissions

  • Illinois
  • Texas
  • Wisconsin
  • Indiana

Recognitions

  • AV Preeminent
  • Martindale-Hubbell

Education

  • Vanderbilt University
    Bachelor Of Arts
  • Chicago-Kent College Of Law
    Doctor of Jurisprudence

Memberships

  • Claims And Litigation Management Alliance (CLM)
  • Dallas Claims Association (DCA)
  • Loss Executives Association (LEA)
  • Western Loss Association (WLA)

Courts

  • United States District Court – Northern District of Illinois
  • United States District Court – Central District of Illinois
  • United States District Court – Eastern District of Wisconsin
  • United States District Court – Western District of Wisconsin
  • United States District Court – Northern District of Indiana
  • United States District Court – Southern District of Indiana
  • United States District Court – Eastern District of Michigan
  • United States District Court – Northern District of Texas
  • United States District Court – Eastern District of Texas
  • United States District Court – Western District of Texas
  • United States District Court – Southern District of Texas
  • United States Court of Appeals, Seventh Circuit

Media

Butler Attorneys Attending the 2024 Western Loss Association Fall Conference

Lake Geneva, WI Meet Chicago Partners Jon Barger and Geoffrey Waguespack and Associate Catherine Coghlan on the conference floor at the Western Loss Association's 2024 Fall Conference. This event will occur on October 9, 2024 at the Grand Geneva Resort & Spa in Lake Geneva, WI. Expect to see many Chicago-area insurer claims representatives and other industry professionals there! Click here ...

Meet Our Attorneys at the PLRB 2024 Large Loss Conference

Join PLRB in Tampa, FL, from October 23rd-25th for an exclusive event bringing together the industry's top large loss handlers, service providers, and experts. Attendees will engage in interactive workshops on commercial, personal, and casualty property claims led by leading experts. This event offers a unique opportunity to share strategies, insights, and experiences in large loss adjustment and ...

Navigating Commercial Property Claims in Good Faith (Workshop)

Join us for an insightful session presented by Partner Jonathan Barger and co-presenters Michele Chapnick (Gregory, Meyer & Chapnick, P.C.)and Kathleen Finkenor-Muldoon (Seneca Insurance), for the LEA 93rd Spring Educational Conference from June 5-7, 2024 in Newport, RI. In this session, they will explore the ethical considerations and challenges involved in handling commercial property claim...

Property Claim Ethics: Adjusting in Good Faith

Chicago Partner Jon Barger and co-presenter Nanci Smilie (Erie Insurance Group) will be presenting at the 2024 Claims Conference & Insurance Services Expo on March 17-20 in Boston, MA. In this comprehensive discussion, they will delve into the myriad challenges claims professionals encounter in property claim adjustments. From navigating complex scenarios to adhering to good faith practices, ...

Causation & Collapse Matters: Wind, Water, Whatever

Join Chicago Partner Jon Barger and co-presenters Nezar Abraham (Thornton Tomasetti) and Brandon Mann (Liberty Mutual Insurance) for the 2023 PLRB Large Loss Conference on November 15-17, 2023, in Atlanta, GA. The program description is listed below. Causation issues with potential covered perils and non-covered perils requiring further investigation Potential additional coverage for collaps...

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Property Claims Ethics: Adjusting in Good Faith

Join Partner Jonathan Barger and co-presenter Nanci Smilie (CPCU) at the Western Loss Association Fall Conference on October 18-19, 2023, in Grand Geneva, WI. This presentation will discuss good faith claim handling methods and common ethical challenges when dealing with claims. Visit the Western Loss Association website to learn more....

Property Claims Ethics: Adjusting In Good Faith

Join Partner Jon Barger and co-presenter Nanci L. Smilie (Erie Insurance Group) as they present "Property Claims Ethics: Adjusting In Good Faith" at the PLRB Claims Conference & Insurance Services Expo on March 19-22, 2023 in Orlando, FL. The program description is as follows: Describe various challenges that claims professionals face when adjusting property claims Identify good faith me...

Seventh Circuit Affirms Judgment on the Pleadings for Insurer in Covid-19 Business Interruption Claim by Shopping Mall Food Court Restaurant

Butler Weihmuller Katz Craig LLP attorneys Clark Schirle and Jon Barger obtained a victory for their client in the case of Melcorp, Inc. v. West American Ins. Co., No. 21-2448 (7th Cir. June 8, 2022). The Seventh Circuit affirmed yet another trial court decision in favor of an insurer on a Covid-19 business interruption claim.  In Melcorp, the insured was a restaurant in a shopping mall food cou...

Partners Clark Schirle and Jonathan Barger Admitted to Texas Bar

Partners Clark Schirle and Jon Barger are newly admitted to the Texas Bar. They are assisting clients with first-party property claim coverage issues and litigation in Texas. Clark and Jon are also admitted in Illinois, and will continue to handle first-party property claims in the Midwest. Jon is also licensed in Wisconsin and Indiana. Clark and Jon will work with their teams in both the ...

PLRB Claims Conference 2022 – Property Claim Ethics: Adjusting In Good Faith

Join Partner Jonathan Barger along with co-presenter Nanci L. Smilie, as they present in San Antonio, TX at the PLRB Claims Conference on the topic of “Property Claim Ethics: Adjusting in Good Faith” on April 5-6, 2022. The presentation will: Describe various challenges that claims professionals face when adjusting property claims Identify good faith methods for resolving these challenge...

International Commercial Excess Liability Programs

Join Partner Jonathan Barger as he presents for the 2021 PLRB Large Loss Conference on October 27-29, 2021 in Tampa, Florida. The presentation will cover topics such as: Unique characteristics of certain international insurance programs for commercial insureds Evaluation of opportunities to share risk exposure with others Potential differing coverages between the primary and excess policie...

8th Circuit Rules In Favor of Insurer in Covid-19 Business Interruption

On July 2, 2021, in the case of Oral Surgeons, P.C. v. Cincinnati Ins. Co., No. 20-3211, the U.S. Court of Appeals for the Eighth Circuit issued its first opinion on Covid-19 business interruption litigation, rejecting an insured’s arguments for coverage due to loss of use related to restrictions in governmental orders.  Applying Iowa law, the Court found that the Policy at issue required phys...

South Carolina Permits Depreciation of Labor When Calculating ACV

  The issue of whether labor can be depreciated when a property policy does not define the term “actual cash value” (“ACV”) has been resolved in South Carolina.  The South Carolina Supreme Court recently ruled that materials, as well as labor, can be depreciated when determining the ACV of a covered loss when the cost to repair or replace includes both, materials and labor component...

Nevada Division Of Insurance Issues Notice To Property And Casualty Insurers Disallowing New Exclusions Related To Covid-19, Viruses, Or Pandemics

ON JUNE 16, 2020, THE NEVADA DIVISION OF INSURANCE (“NVDOI”) ISSUED A NOTICE TO PROPERTY AND CASUALTY INSURERS regarding the disallowance of new exclusions related to COVID-19, viruses, or pandemics. The Notice states that the NVDOI "will not approve any new policy or endorsement language containing exclusions of coverage that specifically mention COVID-19, viruses, or pandemics."...

Coronavirus and Property Insurance Policies

The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. The virus has spread to every state in the United States prompting a variety of responses by federal, state and local governments. Those actions have included orders mandating or recommending social distancing, limiting the number of people who can be in a public venue, closure of restaurants and...

Why Butler? (Watch Video)

At Butler, we believe that meeting the client's expectations is one of the most important things we do. Watch the video to see how we strive towards excellent service every step of the way. Watch the video below.   ...

Plrb 2019 – Resolving Difficult Claims: Strategies For Property Adjusters

Partner Jonathan Barger, Nanci L. Smilie of Erie Insurance Group and Judy Sporlein of Liberty Mutual Insurance presented "Resolving Difficult Claims: Strategies for Property Adjusters" at the PLRB Claims Conference & Insurance Services Expo in Indianapolis, IN on April 2-3, 2019. This presentation: Identified common areas of disagreement in commercial and personal lines claims Distingu...

Congratulations to our Newest Partners!

As we move into the new year, please join us in congratulating our firm's newest Partners!...

Liar, Liar, House On Fire: Investigation Of A Suspected Arson Claim

Jonathan Barger co-presented on the topic "Liar, Liar, House on Fire: Investigation of a Suspected Arson Claim" for the PLRB Large Loss Conference on November 27, 2018. The presentation will cover various claim investigation strategies for arson claims....

Jonathan Barger Featured in Plrb Online Training Module

Jonathan Barger, along with co-presenter Nanci Smilie of Erie Insurance, recorded a presentation on "Adjusting in Good Faith: Property Claim Ethics" for The Property and Liability Resource Bureau’s (PLRB) online training modules. PLRB members can access the module through this link....

Resolving Difficult Claims: Strategies For Property Adjusters

Join Jonathan Barger presented “Resolving Difficult Claims: Strategies for Property Adjusters” along with co-panelists Judy Spoerlein and Nancy Smilie at the Western Loss Association’s Fall Meeting....

Plrb Claims Conference- Resolving Difficult Claims: Strategies For Property Adjusters

Butler Weihmuller Katz Craig Attorney, Jonathan Barger, along with co-presenter Nanci Smilie of Erie Insurance Group presented at the PLRB Claims Conference in Orlando on April 15th and 18th. Their topic was on "Resolving Difficult Claims: Strategies for Property Adjusters." During the presentation, Jon and Nanci discussed: Identify common areas of disagreement in commercial and personal line...

Western Loss Association Annual Meeting – Property Claim Ethics

Jonathan Barger from Butler Weihmuller Katz Craig presented in Delavan, WI at the Western Loss Association Annual Meeting on the topic of "Property Claim Ethics"....

Jonathan Barger was Recognized at the 2017 Plrb Claims Conference

At the 2017 PLRB Claims Conference & Insurance Expo in Boston, Senior Associate Jonathan Barger was bestowed the Outstanding Presentations Award. This honor recognizes Jonathan’s commitment to the PLRB over a 9-year span, speaking at 15 PLRB conferences during this time. Jonathan has spoken on a wide range of topics at PLRB conferences. His first speaking engagement with PLRB was titled “...

Plrb Claims Conference – Property Claim Ethics: Adjusting In Good Faith

Jonathan Barger from Butler Weihmuller Katz Craig along with co-presenter Nanci L. Smilie, presented in Boston, MA at the PLRB Claims Conference on the topic of "Property Claim Ethics: Adjusting in Good Faith" on March 28, 2017. ...

Builders Risk Coverage & Adjustments

Jon Barger spoke at the 2016 Central and Eastern Regional Conferences for PLRB, on the topic of "Builders Risk Coverage & Adjustments". The presentation included typical coverage and exclusions afforded by builders risk policies, recent court decisions regarding builders risk losses, current adjustment challenges in handling these losses, and subrogation possibilities with common builders ris...

Plrb Eastern Regional Adjusters Conference

Jon Barger spoke at the 2015 Eastern Regional Adjusters Conference on November 10—11, 2015 in Atlanta, GA. John's topic was, “Claims Ethics and Good Faith Adjustments.”...

Western Loss Association

Clark Schirle and Jonathan Barger will be speaking at the Western Loss Association 2015 Fall Conference on September 24, 2015 in Delevan, WI. Clark and Jon's topic is, "Water, Water Everywhere (Coverage Issues on Flood, Surface Water; Litigation of Surface Water Case through Trial and Appeal)."...

Plrb Western Regional Adjusters Conference

Jon Barger spoke at the 2015 Western Regional Adjusters Conference on June 16—17, 2015 in Frisco, TX. John's topic was, “Claims Ethics and Good Faith Adjustments.”...

Plrb Claims Conference

Jonathan Barger spoke at the 2015 PLRB Claims Conference on March 29—April 1, 2015 in Anaheim, CA. Jonathan's topic was, "The Innocent Co-insured: When Coverage Can Exist for an Intentional Act."...

Plrb Regional Adjusters Conference

Jonathan Barger spoke at the PLRB Regional Adjusters Conference on September 16 & 17, 2014 in Minneapolis, Minnesota. Jonathan's topic was, "New Tool for Fire and Explosions Investigations."...

Plrb Claims Conference

Jonathan Barger spoke at PLRB's 2013 Claims Conference in Boston on March 17, 2013.  Jonathan's topic was, "Art of Persuasion for the Claims Professional."...

Plrb Claims Conference

Jonathan spoke at the PLRB 2012 Claims Conference. The topic was, "Art of Persuasion For The Claims Professional."...

International Association Of Arson Investigators (“Iaai”), Illinois Chapter

Jon Barger will be speaking at the International Association of Arson Investigators ("IAAI"), Illinois Chapter on November 1—12, 2011  John's topic is, “Expert Witness - Courtroom Testimony Class.”...

Building A Convincing Property Arbitration Case

Jon Barger will be speaking at the Property & Liability Resource Bureau (PLRB),  on April 3—6, 2011  John's topic is, “Building a Convincing Property Arbitration Case.”...

Jonathan Barger