Albert E. Fowerbaugh , Jr. - Butler Rubin Saltarelli & Boyd LLP

Albert E. Fowerbaugh , Jr.

Listed in Best Lawyers since 2013

For more than 20 years, Al has represented clients in significant commercial disputes in state and federal trial and appellate courts, as well as in private arbitrations and mediations.  His experience includes complex commercial litigation, reinsurance arbitrations, and the defense of consumer class actions brought against insurers and other financial institutions throughout the United States.  Al has successfully defended financial institutions in nationwide class action lawsuits brought under both federal consumer protection and state consumer fraud statutes.

He has been recognized by his peers as a leading attorney, repeatedly being named an Illinois Super Lawyer.  Al was named a leader in commercial litigation in The Best Lawyers in America (2013).

Al began his career as an associate at Lord, Bissell & Brook and was a partner for many years before joining DLA Piper as a partner.  He joined Butler Rubin in 2009.

He is among a team representing Republic Mortgage Insurance Company in three actions against lenders who allege that RMIC improperly rescinded insurance coverage for mortgage loans due to borrower misrepresentations or inflated appraisals.  In Republic Mortgage Insurance Company v. Countrywide Financial Corporation, et al., RMIC commenced a declaratory action in the Supreme Court of the State of New York, and Countrywide countered with an arbitration demand.  The Supreme Court compelled arbitration, and the Appellate Division affirmed.  See 87 A.D.3d 437, 928 N.Y.S. 2d 42 (Supreme Court, Appellate Division, First Department, New York, August 18, 2011).  In First Tennessee Bank N.A. v. Republic Mortgage Insurance Company, No. 2:10-CV-02513-JPM-cgc (U.S. District Court, W.D. Tenn.), we obtained partial dismissal of the plaintiffs’ complaint and are defending the remaining claims.  In JPMorgan Chase Bank, N.A. v. Republic Mortgage Insurance Company, No. 2:10-CV-06141 (U.S. District Court, NJ), RMIC’s motion to dismiss was granted, with leave to amend.  See 2011 WL 1750439 (D.N.J. May 4, 2011).

Kenyon CollegeBA 1986University of Michigan Law SchoolJ.D. 1989

Case History

1200 Ashland LLC v. Lawyers Title Ins. Co., 2010 WL 5481800 (N.D.Ill. December 31, 2010) — Obtained judgment for Lawyers Title Insurance Company after a three-day trial on a $2.8 million claim under a zoning endorsement to a title insurance policy.  The court found for Lawyers Title on all claims, finding that the zoning endorsement was not part of the title insurance policy when initially issued and that the plaintiff had made a material misrepresentation because it was aware of the zoning defect before it requested the endorsement be issued, but did not disclose this to Lawyers Title.
Travel 100 Group, Inc. v. Mediterranean Shipping Company (USA) Inc., 383 Ill. App. 3d 149 (1st Dist. 2008)Won summary judgment for an international shipping and cruise line company in a nationwide class action lawsuit claiming violations of the Telephone Consumer Protection Act by allegedly sending unsolicited fax solicitations.  The appellate court affirmed the judgment entered in our client's favor.  
Fidelity Nat’l Title Ins. Co. of N.Y. v. Intercounty Nat’l Title Ins. Co., 412 F.3d 745 (7th Cir. 2005)Represented a national title underwriter in prosecuting claims to recover over $40 million that was misappropriated from real-estate escrow accounts.
Independent Trust Corp. v. Fidelity Nat’l Title Ins. Co. of N.Y., 577 F. Supp. 2d 1023 (N.D. Ill. 2008)Defended and obtained summary judgment for a national title underwriter in claims brought against it by the receiver of a failed trust company seeking to recover over $68 million from the underwriter.  
Echevarria v. Chicago Title & Trust Co., 256 F.3d 623 (7th Cir. 2001)Won dismissal for a title insurance underwriter of a class action lawsuit alleging violations of the Real Estate Settlement Procedures Act, the Illinois Consumer Fraud Act, common-law fraud, breach of contract, and unjust enrichment.

Office Location

321 North Clark Street, Suite 400
Chicago, IL 60654
United States

Practice Areas

Commercial Litigation

Other Information

Gender: Male