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Chris Pickett: We obtained summary judgment on the grounds that our client’s mold exclusion applied if mold was even a contributing factor to the underlying plaintiff’s alleged brain damage.
Illinois Supreme Court Rejects “Partial Rescission” Rule Based On “Innocent Insured” Doctrine, Adopting Position Urged By LPP As Counsel For Amicus Curiae Property Casualty Insurers Association Of America
Feb 20, 2015 General
On February 20, 2015, the Illinois Supreme Court held that there is no public policy in Illinois prohibiting the rescission of an insurance policy as to insureds who were ignorant of misrepresentations made on the application. Illinois State Bar Ass’n Mut. Ins. Co. v. Law Office of Tuzzolino and Terpinas, 2015 […]
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 […]
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.