Close

Articles Posted in Insurance Claims

Updated:

$6.75 Million Settlement in Death of Passenger and Injury to Driver in Car Crash

Thomas Dempsey, 78, was driving his SUV on a busy four-lane highway during a cross-country trip. He exited the highway to use a restroom. His car approached a line of stopped cars, but he was unable to take his foot off the accelerator and swerved his SUV onto a grassy…

Updated:

Insurer Wins in Coverage Case of Injured Construction Worker

Victoria Metal Processor Co. bought an insurance policy from Nautilus Insurance Co. to provide insurance coverage to Vivify Construction for accidents involving negligence by Victoria for a construction project in which Vivify was the general contractor. Nautilus refused to cover a lawsuit filed by a Victoria Metal Processor employee, Pablo…

Updated:

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…

Updated:

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…

Updated:

Illinois Appellate Court Dismisses Appeal on Underinsured Motorist Common Fund Lawsuit

Donald Waterhouse made a claim for $100,000 in underinsured motorist coverage from State Farm Mutual Automobile Insurance Co. for the injuries he suffered in a car crash caused by George D. Robinson. Robinson was insured by State Farm, which settled Waterhouse’s negligence case for his $50,000 policy limit. The common…

Updated:

U.S. Court of Appeals Affirms $2.25 Million Jury Verdict for Underinsured Motorist Coverage Claim and Breach of Contract

Donald Etherton was injured in a rear-end car crash. The other driver’s insurer settled with Etherton for $250,000, which was the insurance policy limits. Etherton entered a claim to Owners Insurance Co., his underinsured motorist coverage insurer, which had limits of $1 million. He requested that the company pay up…

Updated:

U.S. District Court Upholds Summary Judgment in Bad Faith Excess Insurance Claim

West Side Salvage had insurance coverage from RSUI Indemnity that included $12 million in liability insurance and a secondary level of $11 million in coverage. The underlying lawsuit involved the injuries to John Jentz and Robert Schmidt who were severely injured when a grain elevator exploded. ConAgra was the owner of…

Updated:

Illinois Appellate Court Finds Construction-Related Contract Void

Heron Salgado was a construction worker employed by Abel Building & Restoration. He was assigned to work at a job site at 51st Street on a scaffold that was designed, built, erected and maintained by the defendant Designed Equipment Corp. While working at that construction site, he was injured twice.…

Updated:

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.…

Updated:

Illinois Appellate Court Rules Man Killed on Lawnmower Not Entitled to Insurance Coverage

Gilbert Gail Gerth was riding his lawnmower down a street when he was rear-ended by a pickup truck. The incident killed Gerth. At the time of the collision, the defendant pickup owner and driver, Gary Sachau, was insured under an automobile insurance policy with a $30,000 liability limit. Gerth had…

Contact Us