BatesCarey LLP recently won an unprecedented ruling for its insurance company client in the Illinois Appellate Court. The liability insurer argued that it had not approved of the settlement of a claim against its insured and that, therefore, the settlement and dismissal order prepared by defense counsel was not binding. The Illinois Appellate Court agreed and the case has now been returned to the trial court for an evidentiary hearing to determine if the defense attorney had the insurer’s authority to settle the case. Robinson v. Ryan, et al., No. 1-06-1813 (March 29, 2007 1st Dist.)

Download PDF

Ommid C. Farashahi spoke at American Conference Institutes 17th Annual D&O Liability Conference on October 21-22, 2013 in New York, New York. Mr. Farashahi will be a panel speaker discussing topics impacting claims strategies for managing liability risks. Links to the conference agenda, a list of speakers, and registration information for the conference can be found here.

Andrew W. Smith spoke about insurance claims resolution at the American Bar Association's Annual Meeting in San Francisco, California on August 9, 2013.  The American Bar Association's Annual Meeting runs from August 8-13, 2013, and features numerous agenda items, CLE seminars, and presentations concerning the practice of law. More information concerning the conference as well as registration information can be found here.

For nearly two decades, Who's Who Legal has been identifying and selecting the foremost lawyers for certain practice areas based on peer nomination, survey work with general counsel and private lawyers worldwide, and Who's Who Legal's independent research criteria.

Adam H. Fleischer addressed Mediation and Negotiation Strategies in Complex Litigation at CLM’s 5th Annual Illinois Event on Thursday, July 11, 2013.

On July 10, 2013, the Superior Court of Pennsylvania issued a ruling that examined law from across the country regarding whether the insured or insurer controls settlement after the insurer defends under a reservation of rights. The Court ruled that Pennsylvania will join the states that give the insured the option of whether to accept the insurer’s defense under a reservation of rights. If the insured accepts such a defense, then the insurer can control settlement decisions. If the insured rejects a qualified defense, then the insured must be granted independent counsel who can then enter any reasonable settlement without the insurer’s consent.

Bituminous Cas. Corp. v. Iles, et al. (Ill. App. (5th) 2013)

The Illinois Appellate Court for the Fifth District agreed with BatesCarey LLP's client in applying the "Each Occurrence Limit" instead of the "General Aggregate Limit." In Bituminous Cas. Corp. v. Iles, et al., the appellate court reversed a lower court's opinion that applied the "General Aggregate Limits" in the applicable insurance policies rather than the "Each Occurrence Limits." Applying the General Aggregate Limits had the effect of maximizing the policyholder's recovery. However, based on the unambiguous provisions of the contract, the "Each Occurrence Limits" should have applied to the bodily injury and property damage claims caused by an oil well explosion. The appellate court agreed and ruled in favor of BatesCarey LLP's client. John E. Rodewald and John A. Husmann handled all aspects of the litigation the trial court and appellate levels.

Chambers has praised BatesCarey LLP for its representation of international and domestic insurers and reinsurers. Chambers described the firm as follows:

This specialist insurance firm is known and respected for its longstanding representation of the insurance industry on both a domestic and international basis. The team offers expertise across a range of insurance areas including direct insurance, reinsurance and professional liability. The group also has a prominent presence in construction and transport insurance claims.

Adam Fleischer and Jason Minkin have published a comprehensive article titled The 2013 Captive Quandary and Duty of Utmost Good Faith.  This article addresses challenges for reinsurers when reinsuring captives, as well as the captive’s obligation to act at arm’s length from its parent.  For a complete copy of the article, please click here.