Illinois Indemnity Law

Juan Manuel Lazaro v. BNSF Railway Company, et al.

Chicago, Illinois personal injury lawyers represented the Plaintiff who sued the Defendants negligence theories.<br> <br> This lawsuit arose out of a personal injury claim brought by Plaintiff Juan Manuel Lazaro for injuries allegedly sustained while on the job. Lazaro alleged that he was an employee of P&B and was injured while working as a field technician at a railyard owned and operated by BN... More...

$0 (09-15-2023 - IL)
Magnet, Inc. v. The Travelers Indemnity Company, et al.

Chicago, Illinois insurance law lawyers represented Plaintiff, who sued Defendant on a breach of contract theory.<br> <br> <br> Plaintiff Magnetek, Inc. brought a three count complaint against defendants The Travelers Indemnity Company and Travelers Casualty and Surety Company (together "Travelers") seeking a declaration that defendants owe a duty to defend (Count I) and indemnify plaintiff (Count... More...

$0 (07-11-2022 - IL)
Shannon Hyland v. Liberty Mutual Fire Insurance Company

Monteil Hyland was a passenger<br> in a car owned by Kimberly Perkins and driven by<br> Miquasha Smith—who, at age 16, was not lawfully behind<br> the wheel when she smashed the car at 12:46 a.m. one Saturday<br> into two parked vehicles, seriously injuring Hyland.<br> Smith has been convicted of aggravated reckless driving.<br> Neither Smith nor her parents had auto insurance. But Perkins<br> h... More...

$0 (03-18-2018 - IL)
Pekin Insurance Companyv. St. Paul Lutheran Church

¶ 1 This is an action for declaratory judgment. The plaintiff is Pekin Insurance Company<br> (Pekin), and the two defendants are St. Paul Lutheran Church of Roberts, Illinois (church), and<br> Hope Farney, the independent administrator of the estate of Kitty Mullins, deceased.<br> ¶ 2 In a case separate from this one—the underlying tort case—Farney is suing the church for<br> wrongful death,... More...

$0 (08-02-2017 - IL)
Safeway Insurance Company v. Hadary

The procedural history of this appeal is important to consider. On November 3, 2014, <br> this court filed its opinion in Safeway Insurance Company v. Hadary, 2014 IL App (1st) 132554 <br> (Safeway I). The petition for leave to appeal to the Supreme Court in Safeway I was denied on <br> November 25, 2015, with the order of the Supreme Court stating as follows: <br> ¶ 4 "In the exercise of this... More...

$0 (01-21-2016 - IL)
Folta v. Ferro Engineering

For four years, from 1966 to 1970, James Folta was employed as a shipping clerk and product tester for defendant Ferro Engineering. During that time period, as part of his job duties, he was exposed to products containing asbestos. Forty-one years later, in May 2011, James was diagnosed with mesothelioma, a disease associated with asbestos exposure. One month later, he brought a civil action in t... More...

$0 (12-11-2015 - IL)
Folta v. Ferro Engineering

For four years, from 1966 to 1970, James Folta was employed as a shipping clerk and product tester for defendant Ferro Engineering. During that time period, as part of his job duties, he was exposed to products containing asbestos. Forty-one years later, in May 2011, James was diagnosed with mesothelioma, a disease associated with asbestos exposure. One month later, he brought a civil action in th... More...

$0 (11-04-2015 - IL)
Kawasaki KIsen Kaisha, Ltd. v. Plano Moulding Co.

On April 21, 2005, a Union Pacific Railroad Co. train derailed in Oklahoma causing extensive damage to both the railroad and the train's cargo. Kawasaki Kisen Kaisha, Ltd. ("Kawasaki”), "K” Line America, Inc. ("KAM”) (collectively "K-Line”), and Union Pacific Railroad Co. ("Union Pacific”) (collectively "appellants”) blame Plano Molding Co. ("Plano”) for t... More...

$0 (08-29-2012 - IL)
R.E. Wegman Construction Company v. Admiral Insurance Company

This appeal is a sequel to our decision last year reported at 629 F.3d 724 (7th Cir. 2011), in which we reversed the dismissal of Wegman's suit against its primary insurance carrier, Admiral; the suit charges Admiral with having failed to discharge its duty of good faith to its insured by (as we put it in another case) "gambl[ing] with the insured's money by forgoing reasonable opportunities to se... More...

$0 (07-20-2012 - IL)
Teresa Soppet v. Enhanced Recovery Company, LLC

The Telephone Consumer Protection Act (TCPA or "the Act”), 47 U.S.C. §227, is well known for its provisions limiting junk-fax transmissions.<br><br>A less-litigated part of the Act curtails the use of automated dialers and prerecorded messages to cell phones, whose subscribers often are billed by the minute as soon as the call is answered—and routing a call to voicemail counts as a... More...

$0 (05-11-2012 - IL)
Manuel Galvan v. Thomas Norberg

Manuel Galvan filed a § 1983 action against Chicago police officers Thomas Norberg and Alan Lucas, seeking damages arising from a traffic stop, a vehicle search, and an arrest. Galvan contends that the officers lacked probable cause, whereas the officers maintain that they were following up on an anonymous tip that Lucas had received. After the jury returned a verdict in favor of defendants Nor... More...

$0 (05-07-2012 - IL)
Virginia Hunt v. DaVita, Inc.

Virginia Hunt had worked for defendant DaVita, Inc. for nineteen years when she had a heart attack requiring bypass surgery and went on medical leave. While on leave, she also received treatment for carpal tunnel syndrome. After six months of leave, DaVita terminated her employment pursuant to its established leave policy. DaVita told Hunt that she was eligible for re-hire to her position once she... More...

$0 (05-04-2012 - IL)
Farmers Automobile Insurance Association v. Rodney L. Burton

¶ 1 In March 2011, the trial court awarded summary judgment to plaintiff, Farmers<br> Automobile Insurance Association (Farmers), in the declaratory judgment action it brought<br> against defendants, Rodney L. Burton and Carrie Buckley, the administrator of the estate of<br> Timothy A. Buckley, because Burton did not provide reasonable notice to Farmers of the<br> automobile accident which caused... More...

$0 (03-01-2012 - IL)
Daniela Javier v. City of Milwaukee

Alfonzo Glover, an off-duty Milwaukee police officer, fired nineteen shots at Wilbert Javier Prado in a late-night encounter that began when Prado tailgated Glover as he was driving home after his 4 p.m.-to-midnight shift. Eight of the shots hit Prado; he died at the scene. Glover was placed on desk duty. At an inquest hearing, Glover testified that Prado tailed him, tried to run him over, and br... More...

$0 (03-03-2012 - IL)
John Russell v. SNFA

¶ 1 Plaintiff's brother died during a helicopter crash in Illinois. Defendant SNFA, a French company, made a part for that helicopter, which plaintiff claims was defective and the cause of the crash. Defendant moved to dismiss on the ground that Illinois had no jurisdiction over it, and the trial court dismissed for lack of personal jurisdiction. For the reasons discussed below, we reverse and re... More...

$0 (12-16-2011 - IL)
Bret A. Broaddus v. Kevin Shields

This is an appeal from three district court orders in a dispute between former business partners. Plaintiff-appellant Bret A. Broaddus sued Defendant-appellee Kevin Shields for breach of fiduciary duty, and Mr. Shields counterclaimed for indemnification. Ultimately, the district court granted summary judgment in favor of Mr. Shields on Mr. Broaddus' claim for breach of fiduciary duty, granted summ... More...

$0 (12-21-2011 - IL)
A.P. Properties, Inc. v. Mitchell Rattner

¶ 1 Plaintiff, A. P. Properties, Inc., filed a complaint against defendants, Mitchell Rattner and<br> Mariann Weiss, for tortious interference with prospective economic advantage (tortious<br> interference). The trial court dismissed the complaint, without prejudice, for failure to state a cause<br> of action (see 735 ILCS 5/2-615 (West 2010)). Plaintiff then filed an amended complaint that<br> a... More...

$0 (10-27-2011 - IL)
Allstate Property and Casualty Insurance Company v. Richard Mahoney

¶ 1 The defendants, Richard Mahoney and Tara Mahoney, appeal from the November 11, 2010,<br> order of the circuit court of Du Page County granting judgment in favor of the plaintiffs, Allstate<br> Property and Casualty Insurance Company, Allstate Insurance Company, and Allstate Indemnity<br> Company (collectively, Allstate), on their complaint for declaratory judgment. Allstate's complaint<br> so... More...

$0 (11-01-2011 - IL)
Korey Currie v. Wisconsin Central, Ltd.

¶ 1 Plaintiff, Korey Currie, is appealing the decision of the circuit court which granted<br> defendant's motion to dismiss plaintiff's complaint based on res judicata. The trial court<br> found that the claims were precluded by the federal class action decree in Barnes v. Canadian<br> National Railroad, No. 04-1249, Final Approval Order (N.D. Ill. Jan. 7, 2010) (Barnes class<br> action).<br> ¶ ... More...

$0 (11-10-2011 - IL)
Enterprise Leasing Company of St. Louis v. Linda Hardin

¶ 1 The defendant, Linda Hardin, rented a vehicle from the plaintiff, Enterprise Leasing Company of St. Louis, for a business trip. Two of her coworkers were passengers in the vehicle. Both passengers were injured in an accident while Hardin was driving in Kentucky. The plaintiff paid claims to the two passengers and then sought indemnification from the defendant pursuant to the rental contract. ... More...

$0 (09-08-2011 - IL)
Edward F. Brennan v. James S. Connors

Jimmy Connors is known throughout the tennis world for many things: his fierce two-handed backhand, his numerous Grand Slam singles titles (eight, on three different surfaces), and his fiery competitive spirit, to name just a few. In addition to holding the men's number one world ranking for 160 consecutive weeks (1974-77), he is known for his longevity, performing well later in his career against... More...

$0 (06-30-2011 - IL)
Cathy M. Walton v. Bayer Corporation

The plaintiff, a citizen of Illinois, brought suit in an Illinois state court against a number of Bayer affiliates, all citizens of states other than Illinois, plus Niemann Foods, Inc., an Illinois citizen. The suit charges the defendants with violating Illinois tort law by failing to warn of dangerous side effects of Yazmin, a prescription oral-contraceptive drug manufactured by a German affiliat... More...

$0 (05-23-2011 - IL)
Cathy M. Walton v. Bayer Corporation, et al,

The plaintiff, a citizen of Illinois, brought suit in an Illinois state court against a number of Bayer affiliates, all citizens of states other than Illinois, plus Niemann Foods, Inc., an Illinois citizen. The suit charges the defendants with violating Illinois tort law by failing to warn of dangerous side effects of Yazmin, a prescription oral-contraceptive drug manufactured by a German affiliat... More...

$0 (05-23-2011 - IL)
General Insurance Company v. Clark Mall Corporation

General Insurance Company of America filed this declaratory-judgment action to determine whether it must defend and indemnify its insured, Discount Mega Mall Corporation ("Discount Mall”), and its principals in an Illinois state-court lawsuit. On Discount Mall's motion for judgment on the pleadings, the district court determined that General Insurance owed a duty to defend under Illinois law... More...

$0 (05-04-2011 - IL)
General Insurance Company of America v. Clark Mall Corporation et at.,

General Insurance Company ofAmerica filed this declaratory-judgment action to determinewhether it must defend and indemnify its insured, Discount Mega Mall Corporation ("Discount Mall”), and its principals in an Illinois state-court lawsuit. On Discount Mall's motion for judgment on the pleadings, the district court determined that General Insurance owed a duty to defend under Illinois law.... More...

$0 (05-04-2011 - IL)
Helen Uldrych v. VHS of Illinois, Inc. d/b/a MacNeal Hospital

In this appeal, the parties, who were all named as defendants in an underlying medical malpractice action, argue over the proper statute of repose to be applied to the defendant hospital's implied indemnity claim against the defendant doctors and their employer. In accord with the determinations made by the circuit and appellate courts, we hold that section 13–212(a) of the Code of Civil Pr... More...

$0 (01-21-2011 - IL)
Enbridge Pipeline (Illinois) L.L.C. v. Michael S. Moore

Before us for decision are consolidated appeals from judgments, all in favor of the plaintiff, in 18 lawsuits brought in two federal district courts in Illinois under the diversity jurisdiction. (Origi2 nally there were 25 suits; three of the other seven were settled; presumably the defendants in the other four simply accepted their defeat.) Illinois law is agreed to govern the substantive issues.... More...

$0 (01-24-2011 - IL)
David Blockowicz v. Joseph David Williams

David, Mary, and Lisa Blockowicz received an injunction ordering Joseph David Williams and Michelle Ramey to remove defamatory comments they posted about the Blockowiczs on www.ripoffreport.com ("ROR”), among other websites. Williams and Ramey never responded to the injunction, prompting the Blockowiczs to contact the websites on which the statements were posted to secure compliance with the... More...

$0 (12-27-2010 - IL)
Donald Malen v. MTD Products, Inc. and Home Depot U.S.A., Inc.

Donald Malen slipped while getting off his reconditioned riding lawn mower and injured his foot on the rotating blade. He and his wife sued the manufacturer and seller, claiming that the mower was defective in design and construction. The district court granted summary judgment for the defendants because undisputed evidence established that Malen's own actions were the sole proximate cause of his ... More...

$0 (11-19-2010 - IL)
Rexam Beverage Can Company v. David F. Bolger

This commercial landlord-tenant dispute involves a tenant who overstayed its welcome at a warehouse with a leaky roof, the replacement of which both landlord and tenant deny is their responsibility. After the tenant filed an action for declaratory<br><br>1 We refer to the defendants collectively as "Bolger” and use the pronoun "he” both for ease of reading and because David Bolger was ... More...

$0 (08-24-2010 - IL)
ACE American Insurance Company v. RC2 Corporation, Inc.

RC2 Corporation, Inc. and related entities (collectively "RC2”) design and market toys that are primarily manufactured in China. ACE American Insurance Company issued commercial general liability policies to RC2 covering the period from August 1, 2003 to November 1, 2007. The policies excluded coverage of occurrences that took place within the United States. Notwithstanding this exclusion, t... More...

$0 (04-05-2010 - IL)
Dorothy Smith v. West Suburban Medical Center

This is an action based on ordinary negligence. Plaintiff, Dorothy Smith, filed a complaint against several defendants, including defendant/third-party plaintiff-appellee, West Suburban Medical Center (West Suburban), and defendant/third-party defendant-appellant, Triton College Foundation, d/b/a Triton Community College (Triton), alleging that she was injured when she fell off a stool in West Sub... More...

$0 (01-21-2010 - IL)
Gerald Ryan v. State Farm Mutual Automobile Insurance Company

In this dispute involving a vehicle collision and uninsured motorist coverage, the insured, plaintiff Gerald Ryan, appeals the trial court's grant of summary judgment in favor of his insurer, defendant State Farm Mutual Automobile Insurance Company (State Farm). Plaintiff contends he is entitled to coverage because the vehicle at issue was not furnished or available for his regular use and, thus, ... More...

$0 (01-06-2010 - IL)
James Berglind v. Paintball Business Association

The sole issue in this case is whether an 11-month delay in notice of an occurrence is reasonable notice to an insurance company under the provisions of its policy.<br><br>BACKGROUND<br><br>Procedural History<br><br>Plaintiff's minor son, age 11, sustained an injury at a paintball facility operated by Adrenaline Games, Inc., an Illinois corporation (Adrenaline). On November 3, 2003, plaintiff file... More...

$0 (01-06-2010 - IL)
Vartika Dubney v. Public Storage, Inc.

Plaintiff Vartika Dubey filed suit against Public Storage, Inc., Metropublic Storage Fund, and PS Illinois Trust (collectively "Metropublic” or "defendant”) to recover damages she incurred arising out of the loss of her personal property from a storage unit. Dubey claimed that such loss was the result of an alleged breach of contract, a conversion, and a violation of the Illinois Consu... More...

$0 (10-31-2009 - IL)
American Family Mutual Insurance Company v. Diane Stagg

The plaintiff, American Family Mutual Insurance Company (American Family), filed in the circuit court of St. Clair County a complaint to enforce an arbitration award. The circuit court granted a motion to dismiss filed by the defendant, Diane Stagg, and American Family appeals. We affirm.<br><br>FACTS<br><br>Stagg entered into a contract for automobile insurance with American Family. The policy Am... More...

$0 (10-12-2009 - IL)
Brian E. Wilgus v. Cybersource Corporation

Plaintiff Brian E. Wilgus, individually and on behalf of all others similarly situated, appeals from an order of the circuit court of Madison County granting a summary judgment in favor of defendant, CyberSource Corp., on plaintiffs' class action claim for breach of contract. The complaint was originally filed on July 19, 2002. After years of litigation and discovery, defendant moved for a summary... More...

$0 (08-27-2009 - IL)
Federal Insurance Company v. Binney & Smith, Inc., a subsidiary of Hallmark Cards, Inc.

This insurance indemnity action is drawn by the packaging of boxes of crayons and colored by the expense of settling a lawsuit directed at the packaging.<br><br>Plaintiff Federal Insurance Co. (Federal) filed a declaratory judgment action against defendant Binney & Smith, Inc. (Binney), seeking a declaration that it did not owe a duty to defend or indemnify defendant in connection with a class act... More...

$0 (07-15-2009 - IL)
Freedom Mortgage Corporation v. Burnham Mortgage, Inc., et al.

The goal of a mortgage flipping scam is to deceive a potential lender about the value of the collateral. Go-between G finds a building for sale and arranges its sale to Buyer B for more than its market value. B borrows the money for the purchase, assisted by Appraiser A, who certifies to the lender that the property is worth more than the actual purchase price. Someone else (if not G himself) cert... More...

$0 (06-24-2009 - IL)
John Crane, Inc. v. Admiral Insurance Company, et al.

Plaintiff, John Crane Inc. (Crane), appeals from the grant of a preliminary injunction enjoining it from engaging in any other litigation in any forum related to insurance coverage for asbestos claims against John Crane. Certain defendants also appeal the trial court's denial of their motion to extend the injunction through all appeals in this proceeding. For the following reasons, we affirm the j... More...

$0 (05-29-2009 - IL)