BatesCarey Trial Team Wins Delaware Rescission Action
April 2024 | Category: Recent SuccessesAfter a psychiatrist falsely represented his criminal record on an insurance renewal application, BatesCarey attorneys David Cutter, Craig Leff, and Emily Tripicchio presented the matter to a federal jury in Delaware, which found that all elements of recission had been established.
BatesCarey Establishes New Kentucky Law in Defeating $28 Million Malicious Prosecution Claim
October 2023 | Category: Recent SuccessesAdam Fleischer and Kevin Harris created Kentucky precedent that a continuous personal injury trigger does not apply to malicious prosecution claims.
BatesCarey Obtains Summary Judgment Win in Pollution Liability Case
October 2023 | Category: Recent SuccessesThe Circuit Court of Cook County held that the policyholder was not entitled to a second $5 million limit of liability because there was only one incident under the policy.
BatesCarey Secures Late Notice Win in Opioid Public Nuisance Claim in 11th Circuit Court of Appeals
October 2023 | Category: Recent SuccessesThe appellate court affirmed the district court’s decision that the insured failed to provide timely notice to its insurer and held that the insurer owed no coverage.
BatesCarey Secures 12th Precedent-Setting Victory on COVID-19 Business Interruption Claims with Dismissal of Putative Class Action in Southern District of Mississippi
December 2022 | Category: News, Recent SuccessesBatesCarey wins big with Big Tomato LLC v. State Auto Prop. & Cas. Ins. Co. in the Southern District of Mississippi.
Judgment for BatesCarey’s Client on Illinois COVID-19 Business Income Claim
May 2022 | Category: News, Recent SuccessesIn Haisous, LLC v. State Auto Prop. & Cas. Ins. Co., 2022 WL 999987, BatesCarey attorneys Mickey Passman and Joanna Swartout obtained a ruling that BatesCarey’s insurer client owed no coverage for business income loss allegedly caused by COVID-19 restrictions on the insured’s restaurant operations.
2022 Illinois Super Lawyers and Rising Stars Lists Select Eighteen BatesCarey Attorneys
January 2022 | Category: News, Recent SuccessesBatesCarey is proud to announce three new additions to the Illinois Super Lawyers and Rising Stars lists, totaling 18 named attorneys in 2022.
New York Appellate Division Affirms Judgment Finding that Insurers Owe No Coverage in PFAS Environmental Contamination Claims
January 2022 | Category: News, Recent SuccessesBatesCarey partner Agelo Reppas recently secured an important victory before the New York Appellate Division, Third Department, which unanimously upheld a judgment finding that two AIG insurers owe no coverage in connection with PFAS environmental contamination claims. Tonoga, Inc. v. New Hampshire Ins. Co., No. 532546, 2022 WL 52903 (N.Y. App. Div. Jan. 6, 2022).
Fifth Circuit Finds COVID-19 Restrictions Not “Direct Physical Loss” Under Texas Law
January 2022 | Category: News, Recent SuccessesBatesCarey attorneys Adam Fleischer, Lindsey Dean and Matthew Fortin represented State Automobile Mutual Insurance Company in establishing that, under Texas law, COVID-19 business income claims do not constitute “direct physical loss” and that COVID-19 restrictions did not result from any condition at the insured’s premises.
New York Court Rules that Capacity Issues Result in No Coverage for Securities Settlements Under D&O Program
February 2021 | Category: News, Recent SuccessesA New York Supreme Court granted summary judgment for BatesCarey client Continental Casualty Company, finding that no coverage was owed for the $250 million sought by the insureds under a D&O program issued to AR Capital, LLC.