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Insurance Coverage and Recovery

TDR Secures Victory—Insurance Company Must Defend Sorority Members Under Sorority’s Policy

Share:TDR partner Michael J. Grant and associate Amie M. Bauer obtained summary judgment in favor of policyholders and against an insurance company on the duty to defend.  The case concerned insurance coverage for two sorority members for an underlying lawsuit where they were alleged to have negligently caused the death of a sorority pledge. The underlying lawsuit alleged that […]

What Businesses Must Know Now About Insurance Coverage For COVID-19 Claims

Share: For companies struggling with the loss of business caused by the COVID-19 crisis, insurance coverage can mean the difference between survival and extinction.  While many companies had the foresight to buy pandemic or even business interruption insurance before this crisis, some have not, and they are left to consider whether property or even commercial […]

Court Finds Duty To Defend Biometric Act Claim Under “Personal Injury” Coverage

Share: Illinois policyholders are likely covered under their insurance policies for a complaint alleging a violation of the Illinois Biometric Information Privacy Act (the "Biometric Act") (740 ILCS 14/1 et seq.). In West Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc., the Illinois Appellate Court affirmed a grant of summary judgment in favor of […]

Seventh Circuit: “Follow Form” Insurance Policy Does Not Allow Excess Insurer to Take Advantage of Arbitration Provision in Underlying Policy

Share:In insurance, a follow form endorsement is typically understood to mean that an excess or umbrella insurance policy incorporates the terms of another underlying insurance policy.  An excess carrier with such an endorsement might reasonably expect, then, that it could take advantage of an arbitration provision in the underlying policy.  Not so fast, the Seventh […]

Seventh Circuit Holds that Service of Suit Clause in Insurance Contract Waives Right of Removal

Share:The Seventh Circuit recently weighed in on the meaning and effect of a “service of suit” clause in a reinsurance treaty.  In Pine Top Receivables of Illinois, LLC v. Transfercom, Ltd., 2015 WL 8780611, F.3d (7th Cir. Sept. 1, 2016), the Court held that a service of suit clause gave the insured the right to […]

TDR Wins Appellate Victory for BorgWarner Inc.

Share:TDR won an important appellate victory in the Illinois Appellate Court for its client BorgWarner Inc.  The appellate court’s opinion affirms the circuit court’s decision that BorgWarner was entitled to receive certain documents from its indemnitees notwithstanding their claim that the attorney-client privilege blocked disclosure. The December 9th edition of the Chicago Daily Law Bulletin […]

TDR Successfully Represents Abbott Laboratories in Appeal Concerning Insurance Coverage Dispute

Share:Tabet DiVito & Rothstein successfully represented Abbott Laboratories in an appeal concerning Abbott’s dispute with Certain Underwriters at Lloyd’s, London, over insurance coverage for a pharmaceutical product recall.  In its opinion, the Illinois Appellate Court, First District, affirmed the circuit court of Cook County’s award to Abbott of over $80 million in damages.  TDR attorneys […]

Jack Barber Authors Article About Insurance Coverage

Share:In the June 2013 edition of The Policy, a publication of the Illinois State Bar Association, Jack Barber discussed a recent and significant ruling by the Court of Appeals of Missouri, in which a policyholder prevailed in an multi-million dollar insurance coverage dispute.  Barber explained that the appellate court applied the “all sums” approach and […]

TDR Prevails in Insurance Coverage Dispute

Share:TDR’s leading insurance coverage practice for policyholders achieved yet another significant victory. This latest victory was on behalf of the National Association of Women Business Owners-Chicago Chapter. NAWBO Chicago’s former president recently sued the organization for slander and libel, and NAWBO Chicago tendered the defense of the defamation suit to its insurer. The insurer, however, […]

TDR Obtains Rare Supervisory Order for Client in Illinois Supreme Court Proceedings

Share:On January 18, 2012, the Illinois Supreme Court granted the motion of TDR’s client, John Crane Inc. (JCI), for a supervisory order and ordered the appellate court to consider JCI’s appeal on the merits. In the process, the Supreme Court vacated two earlier decisions by the Illinois Appellate Court that had refused to adjudicate JCI’s […]