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Articles Posted in Indemnification Claims

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$6.62 Million Jury Verdict in Failure to Secure Platform, Perform Safety Inspections

Tyler Dahlstrand, 28, was an iron worker employed at Midwest Steel Inc., which FCA US LLC hired as the contractor for a welding project at the Belvedere, Ill., assembly plant. Dahlstrand was assigned to a night shift and worked above a wire mesh walkway with cut outs covered with unsecured…

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Illinois Supreme Court Decides Contribution Act Exception, Obligation of a Tortfeasor Who Is Not Uncollectible

In a federal district court matter, the district judge ruled that the obligation of a defendant who settled a negligence lawsuit wasn’t “uncollectible” and would not be reallocated between the remaining tortfeasors. The Illinois Supreme Court, answering a question presented by the 7th Circuit Court of Appeals, concluded that “the…

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U.S. Court of Appeals Affirms Duty to Defend Subcontractor for Employee Injured on Construction Job

Eduardo Guzman was employed by TDH Mechanical, which provided heating, ventilation and air conditioning services. TDH bought an insurance policy from Columbia Insurance Group to cover the period from April 2016 through April 2017. Rockwell Properties owned a part of the property under construction in Chicago. Prairie Management & Development…

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Chicago Federal District Court Finds Insurer Obligated to Indemnify for Work Injury

The issue in this case was whether there was insurance coverage for South Shore Iron Works under the $1 million auto policy GD Carriers purchased from National Casualty Co. This involved the injuries suffered by Julio Delgado, a GD employee, who fell from a parked flatbed trailer owned by South…

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Illinois Appellate Court Finds Workers’ Compensation Lien Waiver was Wrongly Applied

Reflection Window Co. filed in an attempt to limit its contribution liability to Power Construction Co. for an incident that injured Timothy Cooley who was an employee of Reflection Window. The incident occurred at a construction site where Power Construction was a general contractor. Reflection Window had insisted that the…

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Illinois Appellate Court Finds That Attorney-Client Privilege is Applicable in Insurance Coverage Dispute

The Illinois Appellate Court of the 1st District resolved a discovery dispute in an insurance coverage lawsuit between plaintiff-insured Motorola Solutions Inc. and the defendant-insurers Zurich Insurance Co. and Associated Indemnity Corp. The court held that absent an applicable cooperation clause, attorney-client privilege applies to any appropriate documents. This was…

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Illinois Appellate Court Finds That Insurer is Obligated to Defend for Vicarious Liability Even Though the Complaint Does Not Allege

This case was brought as a declaratory judgment action filed by the plaintiff, Pekin Insurance Co., seeking a declaration that it owed the defendant Lexington Station LLC no duty to defend it in a personal injury lawsuit filed by Marcos Botello against Lexington. Pekin had issued a commercial general liability…

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Illinois Appellate Court Holds Insured Contract Void Under Construction Contract Indemnification for Negligence Act

Heron Salgado, a construction worker, was employed by Abel Building & Restoration in January 2011 when he was assigned to work at a job site at 51st Street. He was working on a scaffold design that was built, erected and maintained by Designed Equipment Acquisition Corp. While he was working…

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Illinois Appellate Court Finds That Complaint Exhibits Did Not Control Contrary Allegations

In a memorandum opinion written by a Cook County Circuit Court Chancery judge, it was ruled that an exhibit to the complaint did not control contrary allegations because the documents served as “mere evidence” rather than the foundation for a claim. The judge’s opinion reflected that Illinois National Insurance Co.…

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Cook County Verdict Allows Contribution to Settling Party Against Worker’s Employer

On Oct. 16, 2007, union sprinkler fitter Frank Barnai was working at a Wal-Mart Store construction site in Joliet, Ill. He tripped over an electrical conduit protruding 6-12 inches from a concrete floor. Barnai was carrying a sprinkler pipe over his shoulder at the time of his fall. Barnai, 54,…

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