Seventh Circuit Rejects Indemnity Claim

Feb 04, 2015 Defense
Attorney David Osborne won a substantial victory earlier this month in the Seventh Circuit Court of Appeals on behalf of his client, Footstar, Inc. In that case, Kmart sought contractual indemnity and additional insured coverage from Footstar and its insurer for a personal injury action filed against the troubled retail […]

Not Guilty Verdict For Contractor Alleged To Have Caused Property Damage And Bodily Injury.

Jan 20, 2015 Defense
Chris Pickett: The plaintiff alleged that our client’s work on a neighboring driveway resulted in property damage and bodily injury, including diabetes due to increased anxiety, stress, and inhalation of debris. The plaintiff sought damages of over $150,000. After a three-day trial, the jury returned a not guilty verdict in […]

Insured’s Breach Of Notice Condition Negated Coverage

Dec 20, 2014 Coverage
Chris Pickett: The trial court entered summary judgment after finding that the insured’s timely notice of a counterclaim did not excuse the prior 13-month delayed notice of the complaint, thus negating any potential coverage for either claim.

Summary Judgment For Defendant In $920,000 Subrogation Case

Dec 11, 2014 Defense
Attorney Bill Lindsay won summary judgment in this property damage subrogation case wherein the plaintiffs sought to recover over $920,000.00 from our client, J.W. McGuire. The plaintiffs alleged that J.W. McGuire engaged in unsafe work practices while performing concrete renovation on the exterior of the Horizon House Condominium Building. They […]

Judgment On The Pleadings – “Physical Distress” Is Not “Bodily Injury”

Dec 11, 2014 Coverage
Attorney Chris Pickett won judgment on the pleadings for his client Acuity, with the court declaring that Acuity did not owe a duty to defend or indemnify its named insureds against an underlying case for negligent infliction of emotional distress. In this insurance coverage dispute, Acuity issued a commercial general […]