In 2006, Kipling Development Corp. was building a home in Will County, Ill. Kipling was the general contractor on the job. The firm hired subcontractors to handle specific pieces of the job, including Speed-Drywall and United Floor Covering. A service technician, Brian Harwell, entered the worksite to replace a furnace…
Articles Posted in Insurance Claims
U.S. Court of Appeals Finds That Insurance Policy Provided for a Defense When a Third-Party Claim Arose Against the Insured
The United States Court of Appeals for the Seventh Circuit in Chicago has affirmed in part and reversed in part the district court’s decision regarding a third-party lawsuit. Sam Chee was driving with his wife, Toni Chee, in August 2010 when their car slammed into a tree. Toni was seriously…
Illinois Appellate Court Finds That Primary Insurance Coverage Must Pay First Before Umbrella Coverage Payout
On April 7, 2010, Jeffrey and Stephanie Hadary were involved in an automobile crash with Carlos Velez. Velez was driving a car owned by Hertz Corp. Both the Hadarys and Velez were insured; the Hadarys had insurance through Safeway Insurance Co. They paid a monthly premium of $57. The Hadarys’…
Illinois Supreme Court Overturns Appellate Court Decision Setting the Maximum Amount of Recovery Allowed Against a Self-Insured Rental Car Company
The Illinois Supreme Court has overturned the Illinois Appellate Court decision regarding the cap on self-insured rental car companies. The Supreme Court reversed a $600,000 judgment against Enterprise Rent-A-Car’s Chicago area’s subsidiary. The Supreme Court ruled that self-insured rental car companies are liable for a maximum of $100,000 toward all…
Indemnification for Insurance Company Denied in Claim Based on Unpled Facts
Scot Vandenberg and his wife maintained that their allegations in an unfiled tort complaint triggered insurance coverage for an accident that injured Scot, paralyzing him during a party he attended on a 75-foot yacht. Scot was severely injured when he fell off a bench at the edge of a top…
U.S. Court of Appeals Affirms Decision That Requires Exhausting Administrative Remedies Prior to Filing Suit on ERISA Claim
Daniel Orr died in a motorcycle accident in August 2012. His beneficiaries, who were his daughters, Hailey and Daniell, filed claims seeking benefits payable under a group life insurance policy governed by ERISA. The insurance policy was issued by Union Security Insurance Co. to Orr’s former employer. The policy provided…
Illinois Appellate Court Affirms Illinois Common Fund Doctrine Decision Requiring ERISA Plan to Reimburse for Attorney Fees and Costs
The plaintiff Shrempf, Kelly, Napp & Darr, Ltd. was granted summary judgment by the Circuit Court of Madison County for attorney fees and costs they claimed were due pursuant to the Illinois Common Fund Doctrine. The defendants, the Carpenters’ Health and Welfare Trust Fund and the trustees of the Carpenters’…
Illinois Appellate Court Finds That Condition Precedent to Demand Arbitration was Missed
In August 2005, Trustgard Insurance Co. and G.A. Crandall & Co. came to an agreement that allowed Crandall to sell certain types of Trustgard insurance. The terms of the agreement specified that as a condition precedent to any lawsuit, the dispute must be first submitted to arbitration. The parties’ agreement…
Illinois Supreme Court Rules That Material Misrepresentation on Renewal Application of Legal Malpractice Insurance Policy Would Allow Rescission Even if the Insured was Innocent of the Misrepresentation
The Illinois Supreme Court has reversed the Illinois Appellate Court in a case centering on an application for legal malpractice insurance. In this case, one of the partners of the law firm of Tuzzolino and Terpinas (T&T) filled out a renewal form for legal malpractice with ISBA Mutual for himself…
Attorney’s Lien Must Be Served on the Defendant, Not Merely on the Defendant’s Attorneys
The Illinois Appellate Court has affirmed a Cook County trial judge’s order regarding the effect of an attorney’s lien notice sent to a defendant’s attorneys rather than the defendant directly. Randy Brown was the owner and operator of a Harold’s Chicken Shack in suburban Broadview, Ill., until Jan. 15, 2009.…