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When an insurer denies policy coverage for a suit or even issues a reservation of rights and files a declaratory judgment action, the insured occasionally settles directly with the third-party claimant or plaintiff for a specified amount that may only be collected from the insurance proceeds if coverage is found. Two recent Illinois appellate court…
To quote the Queen of Soul, Illinois local government officials “better think about what they’re trying to do” . . . when they decide to provide traffic signage. Under Illinois law, there is no affirmative duty placed on municipalities to post any traffic control devices. Indeed, under Section 3-104 the Illinois Tort Immunity Act, local…
What do you do when your client receives a subpoena to testify or to provide records at arbitration hearing? Is the subpoena binding on a person that did not consent to the arbitration and my not have any interest in it? The short answer is yes. Arbitration is an increasingly preferred forum for dispute resolution…
Recently, LGLJ joined the Employment Law & Litigation Committee of the Illinois Chamber of Commerce, Employment Law Council. Tom Weiler, Theresa Bresnahan-Coleman, and John Masters attended the October meeting. Representatives of the Illinois Human Rights Department (IDHR) and the Illinois Human Rights Commission joined the Committee for a discussion of recent changes to Illinois employment discrimination…
As a society, we have now reached the point where many older workers are choosing not to retire at age 65, but instead, are opting to continue working. More concerning are the growing number of those who do not have the luxury of choice in retirement options, but rather must continue working indefinitely due to…
New OSHA recordkeeping rules, which take effect on January 1, 2015, will require employers to report more types of work place injuries and report them more quickly. However, a new federal court decision may make it harder to comply as the court ruled that employers are barred from requiring an employee to notify the employer…
This year the Illinois Appellate Courts have been busy analyzing general contractors’ degree of retained control over construction projects and resulting liability for injuries, if any. Four key appellate court decisions have been rendered. The following is a brief overview of the recent opinions. Summary Judgment upheld when general contractor did not promulgate a body…
It seems like a rare occasion when a plaintiff files suit more than a couple days in advance of the expiration of the statute of limitations. As a result, defendants are typically left filing third-party actions to bring in other potentially responsible parties. This not only creates added costs for defendants, but defendants also face…
The Illinois Human Rights Act has been on the books for years, yet some of its provisions may come as a surprise to Illinois employers. It should go without saying that few employers would intend to violate Illinois’ laws protecting an employee’s civil rights, but what about conduct which an employer may not even realize…
Adjusters and attorneys alike often encounter cases where a claimant’s damages greatly exceed the policy limits for a given accident. In those cases (liability aside), the company will simply tender its policy limits, settle the case, and avoid trial and a potential excess verdict. What happens, however, when an accident yields two claimants, each of…