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Articles Posted in Arbitration

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Illinois Appellate Court Affirms Denial of Dismissal of Personal Injury Lawsuit Where a Binding Arbitration Was Unenforceable

The Illinois 1st District Appellate Court affirmed a decision of Cook County Judge Patricia Sheahan regarding a motion to dismiss the lawsuit brought by Charles Arbogast who was injured working as a photographer in a designated photo well at Wrigley Field.  Arbogast fell on a stack of pallets that photographers…

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Illinois Appellate Court Reverses Finding That Arbitrator’s Award Accrues Interest on the Award from the Date it was Entered

In an uninsured motorist case, Holly Shakelford sued Allstate Fire & Casualty Insurance Co. for 9 percent interest on a $16,000 arbitration award. She was seeking the 9% statutory interest provided by Section 2-1303 of the Illinois Code of Civil Procedure. A more accurate term for Section 2-1303 is the…

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Illinois Appellate Court Keeps Alive Uninsured Motorist Claim

On July 21, 2007, Terri Whitehead was involved in a two-car crash in Wisconsin. The driver of the other car did not have insurance. Section 143.1 of the Illinois Insurance Code saved Whitehead’s uninsured motorist claim from being barred by a two-year deadline for initiating arbitration. Although Whitehead did not…

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Illinois Appellate Court Holds That an Arbitration Agreement with No Provision for Interest is Not an Actual Adjudication for Post-Judgment Interest

The issue before the Illinois Appellate Court was whether the parties’ high-low agreement was a settlement agreement and if so, whether interest pursuant to Section 2-1303 of the Illinois Code of Civil Procedure accrues on an award that is predetermined by that high-low agreement. Mark Pinske thought he was entitled…

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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…

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U.S. Court of Appeals Rejects Windfall for Injured in Car Crash

Deanne Berrey was working for Curry Ice when she was injured in a car accident caused by Sheri Campbell who only had $100,000 in liability insurance coverage. Berrey sued Campbell and also collected $103,224 in worker’s compensation benefits. In addition, Berrey claimed underinsured-motorist benefits under a $1 million policy that…

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Dismissal with Prejudice of Case Without Choice of Law Clause in Contested Agreement Leaves Open Issue; Illinois Appellate Court Reverses

Larry Fabian was hired in 2001 by Cantor Fitzgerald to be a broker at the Chicago Mercantile Exchange. In 2007, he was transferred to BGC, which was a spinoff company of Cantor Fitzgerald. In 2008, Fabian was named as a partner of “Founding Partner No. 69.” According to Fabian, he…

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Cook County Circuit Court, Law Division, Launches Mandatory Arbitration Program

At the beginning of January 2015, the Law Division of the Circuit Court of Cook County, Ill., will begin its new mandatory arbitration program for certain cases. The program is targeted for cases that have value of less than $75,000. In order to file and hear a case in Law…

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U.S. Court of Appeals Reverses District Court Decision on the Right to Sue and Enforces Arbitration Agreement

The U.S. Court of Appeals for the 7th Circuit in Chicago has reversed the decision of a U.S. District Court judge wherein an agreement between the parties, Hennessy Industries Inc. and National Union Fire Insurance Co. of Pittsburgh, required arbitration of any dispute that mandated an interpretation of the agreement.…

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U.S. Court of Appeals Reverses Asbestos-Related Personal Injury Claims in Indemnification Case

Hennessy Industries was a car part manufacturer. It was sued frequently for asbestos-related personal injury claims. Hennessy sought insurance coverage for these claims from National Union Fire Insurance Co. The companies entered into a cost-sharing agreement in 2008. However, as the lawsuits and claims came in, Hennessy asked National Union…

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