Joseph P. Postel - Practice Highlights 

 

- Additional Insured Coverage -

Additional Insured Endorsement To Snow Plow Contractor’s Policy: Retail Store Owner and Manager Covered For Slip/Fall Injury Claim By Patron Who Fell In Parking Lot; Snow Plow Operator’s Operations Were Not Complete.

West Bend Mut. Ins. Co. v. Home and Garden Supply Co. et al., 2012 IL App (1st) 112728-U (1st Dist. 2012).

Insurer Owes Additional Insured Coverage To Elevator Company For Wrongful Death In Freight Elevator, Even Though Elevator Contract Covered Only Passenger Elevators: Policy Contained No Such Limitation.

ThyssenKrupp Elev. Corp. v. Hartford Fire Ins. Co., Circuit Court of Cook County, case no. 11 CH 13728 (October 29, 2012).

Construction Injury—ISO Blanket Additional Insured Endorsement—General Contractor Not An Additional Insured On Policy Issued To Sub-subcontractor, As Sub-subcontractor Had No Contract With General Contractor.

Westfield Ins. Co. v. FCL Bldrs., Inc., Circuit Court of Cook County, 407 Ill. App. 3d 730, 948 N.E.2d 115 (1st Dist. 2011).

Additional Insured Endorsement—HVAC Repairman Falls To His Death In Woodfield Mall Common Area—Mall Not Entitled To Coverage Under Tenant's Policy.

Liberty Mutual Fire Ins. Co. v. Woodfield Mall, LLC, et al., 407 Ill. App. 3d 372, 941 N.E.2d 209 (1st Dist. 2010).

Additional Insured Vicarious Liability Endorsement—Construction Site Bodily Injury—General Contractor Covered Under Subcontractor's Policy.

American Country Ins. Co. v. Turner Constr. Co., Circuit Court of Cook County, case no. 07 CH 26453 (May 22, 2009), after remand from the Illinois Appellate Court, First District, case no. 1-05-1825 (unpublished) (2007).

Additional Insured Coverage—Blanket Endorsement—No Contract Requiring Coverage.

Hughes & Duggan Builders, Inc. v. Best Built Fabricating, Inc., No. 1-04-3235 (unpublished) (Ill. App. 1st Dist. 2006).

Owners And Contractors Protective Liability Policy—Completed Operations Exclusion; CGL Blanket Additional Insured Endorsement— No Coverage Because No Contract Requiring Coverage; No Insured Contract Claim Because No Indemnity Judgment.

Liberty Mutual Fire Ins. Co. v. St. Paul Fire & Marine Ins. Co., 363 Ill. App. 3d 335 (1st Dist. 2005).

Equitable Subrogation Available To Excess Insurer—Equitable Contribution Not Available To Insurer That Covered Different Risk.

The Home Ins. Co. v. Cincinnati Ins. Co., 213 Ill.2d 307 (Illinois Supreme Court 2004) (amicus curiae brief on behalf of Liberty Mutual).

Exclusion For Injury To An Employee Of The Insured—Insured Contract Exception Does Not Apply.

Alberici-Eby j.v. v. Liberty Mutual Ins. Co., No. 5-98-0630 (unpublished) (Ill. App. 5th Dist. 2000).

Equitable Contribution—Subcontractor's Insurer Waived Right To Challenge Reasonableness Of Settlement—"Arising Out Of" Condition.

Liberty Mutual Ins. Co. v. Westfield Ins. Co., 301 Ill. App. 3d 49 (1st Dist. 1998).

Additional Insured Coverage—"Arising Out Of" Condition Satisfied By Plaintiff's Employment With Named Insured.

American States Ins. Co. v. Liberty Mutual Ins. Co., 291 Ill. App. 3d 336 (1st Dist. 1997).

 

- Construction Defect Coverage -

Subcontractor’s Scope of Work not the Measure of Coverage for Construction Defect Claim

Acuity v. State Mechanical Services LLC and Selective Ins. Co. of S. Carolina, Circuit Court of Cook County, no. 15 CH 14113 (Hon. Sanjay Tailor, Judge), opinion issued February 13, 2018.  A full copy of the opinion can be found here.

Construction Defect—No Coverage For Design-Build Architect Under Subcontractor’s CGL Policy For Disappointed Homeowner’s Lawsuit, Because No Property Damage And No Occurrence.

Hartford Cas. Ins. Co. v. Construction Builders In Motion, Inc., 966 F.Supp.2d 777 (N.D.Ill. 2013).

Construction Defect—Downtown Office Building—No Coverage For Sheet Metal Contractor.

State Auto. Mut. Ins. Co. v. Wiesbrook Sheet Metal Co., Circuit Court of Cook County, case no. 08 CH 17198 (August 31, 2009).

Construction Defect—College Auditorium—No Coverage For Additional Insured General Contractor Under Subcontractor's Policy.

Acuity v. F.H. Paschen, S.N. Nielsen, Inc. et al., Circuit Court of Cook County, case no. 07 CH 37008 (May 5, 2009).

Construction Defect—School Building—No Coverage For Excavating Contractor.

Acuity v. MGT Trucking & Excavating, Inc., Circuit Court of Lake County, case no. 08 MR 477 (April 15, 2009).

Mold—Defective Flood Remediation Work—No Duty To Defend.

Acuity Ins. Co. v. Action Cleaners Restoration, Circuit Court of McHenry County, No. 04 MR 248 (July 12, 2007).

Trigger Of Coverage—Damage Occurred After Policy Lapsed.

Argonaut Ins. Co. / EWC Contractors v. Liberty Mutual Ins. Co., Circuit Court of Cook County, case no. 96 CH 10794 (September 24, 1999).

Construction Defect Complaint Against Architect Falls Within Professional Services Exclusion In Contractor's CGL Policy.

Prisco Serena Sturm Architects, Ltd. v. Liberty Mutual Ins. Co., 126 F.3d 886 (7th Cir. 1997).

 

- Auto Liability Coverage -

Exclusion For “Negligent Supervision Of Any Person Involving A Motorized Land Vehicle” Negated Coverage For Homeowners Sued By Party Guest At Their Home Run Over By Drunk, Belligerent Fellow Guest In His Pickup Truck.

Metropolitan Cas. Ins. Co. v. Weber et al., Circuit Court of Jo Daviess County, case no. 12 MR 12 (October 30, 2012).

Mandatory Insurance for Medical Transport Vehicles—UIM Insurer Off The Hook Because Liability Insurer’s Notice Of Cancellation Was Invalid, Since Insurer Did Not Provide Statutorily Required Notice To Secretary Of State.

American Home Assur. Co. v. Taylor, 402 Ill. App. 3d 549, 931 N.E.2d 313 (1st Dist. 2010).

Notice of Cancellation Was Invalid.

American Freedom Ins. Co. v. Liberty Mutual Ins. Co., No. 1-06-0570 (unpublished) (Ill.App. 1st Dist. 2007).

Auto Business Exclusion Applies To Car Wash Employee Driving Insured Car.

Fuller's Car Wash v. Liberty Mutual Ins. Co., 298 Ill. App. 3d 167 (2nd Dist. 1998).

Priority Of Coverage For Rental Vehicle—Policies Contribute By Equal Shares, Not Pro Rata.

North Am. Spec. Ins. Co. v. Liberty Mutual Ins. Co., 297 Ill. App. 3d 595 (1st Dist. 1998).

 

- UM/UIM -

Choice Of Law–Rejection Of UIM Arbitration Award Controlled By Indiana Law.

Costello v. Liberty Mutual Fire Ins. Co., 376 Ill. App. 3d 235 (1st Dist. 2007).

Insured Validly Rejected Mandatory Offer Of UIM Coverage.

Howard v. Liberty Mutual Fire Ins. Co., Circuit Court of Will County, No. 05 MR 904 (February 20, 2007).

Mandatory Offer Of UM Limits Equal To B.I. Liability Limits—Husband Validly Rejected Offer, Binding Wife To Lower Limits.

Vongphakdy v. Liberty Mutual Fire Ins. Co., 2-04-0209 (unpublished) (Ill.App. 2nd Dist. 2004).

Anti-Stacking Clause Valid.

Prudential Prop. & Cas. Ins. Co. v. Kelly, 352 Ill. App. 3d 873 (3rd Dist. 2004).

 

- Homeowners Coverage -

Summary Judgment - No Duty to Defend Claim for Negligent Supervision Resulting in Sexual Abuse

Metropolitan Cas. Ins. Co. v. G.D., 158 F.Supp.3d 734 (S.D. Ill. 2016).  Read More.

Homeowners Insurance—Friend Of Insured’s Teenage Son Dies From Heroin Overdose—Coverage For Son Negated By “Drug Transfer” Exclusion.

Nationwide Mutual Fire Ins. Co. v. McGovern, Circuit Court of Lake County, case no. 09 MR 131 (March 2, 2010).

Homeowners Insurance—Dog Bite—Insurer For Adult Granddaughter Who Owned Dog That Bit Meter Reader Entitled To Equitable Contribution From Insurer of Grandmother, As They Resided In A Single Household.

Economy Premier Assur. Co. v. State Farm Fire & Cas. Co., Circuit Court of Lake County, case no. 08 MR 8 (January 20, 2010).

Teenager's Residency For Purposes Of Insured Status—Despite Staying With Grandmother, She Was A Resident Of Her Parents’ Household.

Economy Fire & Cas. Co. v. Liberty Mutual Fire Ins. Co., Circuit Court of Winnebago County, No. 98 MR 8 (December 1, 1999).

 

- Miscellaneous Insurance Coverage Cases -

Absolute Pollution Exclusion Eliminates Coverage for Municipality Sued for Distributing Polluted Drinking Water

Illinois Municipal League Risk Management Association v. Village of Sauk Village, Circuit Court of Sangamon County case no. 2013-MR-395.  March 2, 2015.

No CGL Coverage For Inventor and Formulator of “Four Loko” Caffeinated Energy Drink For Numerous Death And Injury Suits Across The Country; Suits Allege Injury From Causing Intoxication And Therefore Fall Under Liquor Liability Exclusion.

The Netherlands Ins. Co. v. Phusion Projects, Ltd., United States District Court for the Northern District of Illinois, case no. 11 C 1253, 2012 WL 123921 (January 17, 2012), affirmed, 737 F.3d 1174 (7th Cir. 2013).

Pollution Control Board Proceedings—No Coverage For Mobile Home Park's Arsenic-Tainted Water Supply.

Acuity v. Morton Mobile Home Park, LLC, Circuit Court of Cook County, case no. 08 CH 753 (March 16, 2009).

 

- Non-Coverage Cases -

Breach Of Contract To Settle Product Liability Lawsuit—Offer Was Effectively Withdrawn When Trial Judge Granted Defendant’s Summary Judgment Motion.

Kalis v. Colgate-Palmolive Co., 357 Ill. App. 3d 172 (1st Dist. 2005).

Product Liability—Gun Safe Manufacturer Not Liable For Making Safe Too Easy For Troubled Son Of Owner To Break Into—Suicide Is Superseding Cause.

Kleen v. Homak Indus., 321 Ill. App. 3d 639 (1st Dist. 2001).

Product Liability—Defendant Entitled To Summary Judgment Because Plaintiff Could Not Prove That Defendant Manufactured Product.

Kalis v. Colgate-Palmolive Co., 231 F.3d 1049 (7th Cir. 2000).

Appellate Jurisdiction—Appellate Court Had No Jurisdiction To Hear Appeal Because Plaintiff Did Not Appeal Within 30 Days Of Summary Judgment.

Berg v. Allied Security, 193 Ill.2d 186 (Illinois Supreme Court 2000).

Breach Of Contract To Procure Insurance—No Breach Because Obligor Purchased The Required Insurance.

West Lafayette Corp. v. Taft Contracting, 178 F.3d 840 (7th Cir. 1999).

Workers' Compensation Lien—Court Had No Authority To Reduce Lien. Sanctions—Opposing Counsel's Frivolous Motion Warranted Sanctions.

Fremarek v. John Hancock Mut. Life Ins. Co., 272 Ill. App. 3d 1067 (1st Dist. 1995).

Village Electrical Contractor Owed No Duty To Motorists To Redesign Traffic Light Sequence.

Ellison v. Village of Northbrook, 272 Ill. App. 3d 559 (1st Dist. 1995).

Jury Selection—Judge Did Not Err In Disallowing Plaintiff's Third Peremptory Challenge Of An African-American Venireman.

Haschke v. Uniflow Mfg. Co., 268 Ill. App. 3d 1045 (1st Dist. 1994).