Analysis of cases where Illinois Supreme Court chose to and not to use its powers of extraordinary intervention via writs of mandamus and prohibition
This entry was posted in Commercial Litigation and tagged Extraordinary Writ, Illinois Supreme Court, Writ of Mandamus, Writ of Prohibition on .
Reviews Missouri appellate court ruling that the Prompt Pay Act calls for the interest on late payments to be calculated using simple not compound interest
This entry was posted in Commercial Litigation and tagged Failure to Pay Penalty, Missouri Prompt Pay Act on .
As construction projects become more complex, new technologies and innovations more specialized, trades more regulated, and bidding more competitive, general construction contractors have become increasingly reliant on subcontractors to perform construction contracts. The result is that general contractors are less able to control, inspect, and even assess the work. Yet despite this continued shift, general […]
This entry was posted in Commercial Litigation and tagged Construction Litigation, General Contractors, Risk Allocation, Risk Management, Subcontractors on .
In a recent decision, the Illinois Appellate Court, Third District, considered what should and should not be considered by a trial court when making a determination on a motion to stay a declaratory judgment action on insurance coverage pending resolution of the underlying litigation. Pekin Insurance Company v. Johnson-Downs Construction, Inc., 2017 IL App (3d) […]
This entry was posted in Commercial Litigation, Illinois Law, Insurance Law and tagged Illinois Appellate Court, Insurance on .
Independent insurance producers often are thought to be, well, independent from the insurance companies for which they sell policies. Independent producers typically sell insurance policies for a number of carriers, and often work with intermediaries to sell policies for even more carriers, so that they can offer their policyholder clients the insurance product most suitable […]
This entry was posted in Civil Litigation, Commercial Litigation, Insurance Law and tagged Appellate Review, Broker Liability, Right to Rescind on .
As we have learned in recent days, we all need to be careful with the things we say, for sometimes those things we say can be used against us. But the life lessons do not end there. We also need to read things carefully, for the things we fail to read can be used against […]
This entry was posted in Civil Litigation, Commercial Litigation, Illinois Law, Insurance Law and tagged Discrepancy rule on .
The Missouri Court of Appeals, Southern District, issued an opinion on Jan. 31, 2018, in Shelter Mutual Insurance Company v. Lester that allowed stacking of full auto liability coverage policy limits on four separate policies. The underlying matter involved bodily injury claims brought by multiple claimants. Each of the auto insurer’s liability policies had applicable […]
This entry was posted in Civil Litigation, Commercial Litigation, Insurance Law, Missouri Insurance Law and tagged Missouri Court of Appeals, Stacking on .
It is commonplace in construction projects for a contractor to require its subcontractors to purchase liability insurance that protects against certain claims and that includes the contractor as an additional insured. The problem is that many times the policy that the subcontractor purchases does not on its face meet the requirements set forth in the […]
This entry was posted in Civil Litigation, Commercial Litigation, Illinois Law, Insurance Law and tagged Liability Insurance on .
Background Virtually all property policies provide an insurer with the right to rescind coverage when there’s evidence that the insured intentionally concealed or misrepresented material facts in their application for insurance. For a misrepresentation to be deemed material, it must have been an untrue fact that would have, if the truth was known, caused the […]
This entry was posted in Civil Litigation, Commercial Litigation, Insurance Law and tagged Right to Rescind on .
Judicial estoppel, also known as estoppel by inconsistent positions of law, precludes a party from taking a position in a case that is contrary to a position it has taken in earlier legal proceedings. Often, it is asserted as an affirmative defense in a personal injury lawsuit where the plaintiff failed to disclose the existence […]
This entry was posted in Civil Litigation, Commercial Litigation, Illinois Supreme Court, Torts and tagged Bankruptcy, Illinois Appellate Court, Judicial Estoppel on .
