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Twelve BatesCarey LLP Attorneys Recognized as Illinois Super Lawyers and Rising Stars in Insurance Coverage

January 2016 | Category: News, Recent Successes

BatesCarey LLP is pleased to announce that twelve of its attorneys have been selected for inclusion in the 2016 Illinois Super Lawyers and Illinois Rising Stars lists. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual...

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United States Appellate Court Affirms Dismissal of Bad Faith Claim Against Client  

July 2014 | Category: Recent Successes

The United States Court of Appeals for the Seventh Circuit affirmed a trial court's dismissal of a lawsuit against our client, an insurer that issued an umbrella liability policy covering a municipality and its detectives, alleging bad faith and failure to settle. Kevin Fox v. American Alternative Insurance Corporation, Case No. 13-1290 (7th Cir.). Certain detectives assigned their...

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DC Court Applies Professional Services Exclusion to Bar Coverage Under D&O and E&O Policies

May 2014 | Category: Recent Successes

On May 15, 2014, the Superior Court for the District of Columbia granted a motion to dismiss filed by several D&O and E&O insurers, holding that a professional services exclusion relating to one of the insured's affiliated companies barred coverage entirely for the various underlying matters. Carlyle Inv. Mgmt., L.L.C. v. ACE Am. Ins. Co., Case No. 2013 CA 003190 B (D.C....

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Washington Federal Court Bars Coverage for Claim Not Made and Reported Within Policy Period

May 2014 | Category: Recent Successes

On May 23, 2014, the U.S. District Court for the Western District of Washington held that, where a "Claim" was first made during the first of two consecutive claims-made-and-reported polices, but not reported until the second policy, no coverage was available under either policy. Great Am. Ins. Co. v. Sea Shepherd Conservation Soc'y, Case No. 13-CV-1017 (W.D. Wash. May 23, 2014)....

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Panel Says Reinsurer Not Required to “Drop Down” Even If Cedent Did Confidential

January 2014 | Category: Recent Successes

Confidential

An arbitration panel agreed with BatesCarey LLP's argument that the "follow the fortunes" doctrine did not require a reinsurer to drop down and reinsure any portion of the risk below $1 million, even when the cedent had been required to drop down and pay a loss incepting at less than $1 million. The panel also rejected the cedent's claim for more than $113,000 in interest.

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BatesCarey LLP: Withdrawal From Defense Without Filing DJ Does Not Waive Coverage Defenses

December 2013 | Category: Recent Successes

A federal court in Illinois recently ruled the alleged misuse of Tax Increment Financing Redevelopment Act (the “TIF Act”) monies by the City of Marion, Illinois did not allege covered “loss” under the policy of BatesCarey LLP’s client, U.S. Specialty Insurance Company, even when USSIC withdrew from its initial agreement to provide a defense without a reservation of rights.  City of Marion, Illinois v. U.S. Specialty Insurance Company, Case No. 12-cv-0999-SCW (S.D. Ill.  April 30, 2013).

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Court Agrees that Pollution Exclusion Precludes Coverage for Contaminated Water Claims

February 2013 | Category: Recent Successes

Village of Crestwood v. Hartford Fire Ins. Co. (Ill. Cir. Ct. 2012) (September 2012), aff’d (Ill. App. 1st)) 

A municipality and its former mayors knowingly mixed contaminated well water with clean water resulting in numerous wrongful death and bodily injury lawsuits. The client insurer had issued multiple policies to the municipality. BatesCarey LLP moved for summary judgment, contending that the pollution exclusion in the client's policies precluded any duty to defend or indemnify. The municipality filed a competing motion. After extensive briefing, an Illinois state court agreed with BatesCarey LLP's position and granted summary judgment to BatesCarey LLP's client.

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Panel Says Reinsurer Obligated to Reimburse Communication Payment Confidential

January 2013 | Category: Recent Successes

Confidential

BatesCarey LLP represented a reinsurer that commutated numerous claims with one of its cedents. Its valuation was based on its assessment of its cedent's reserves. After agreement on a total commutation value, BatesCarey LLP's client allocated its total payment to individual claims based on its reserves for each claim, and in turn billed its reinsurers on that basis. BatesCarey LLP pursued arbitration on behalf of its client and recovered the full amount of its client's billing plus interest.

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BatesCarey LLP Successfully Argues that FELA Does Not Apply to Rail Switching Company and Parent Company

October 2012 | Category: Recent Successes

Smith v. Rail Link (District Court of Wyoming 2011) (February 2011), aff’d (10th Cir. 2012)

The plaintiff injured her ankle while on the job and obtained workers' compensation benefits. She attempted to increase her recovery by filing a FELA claim against both her employer, a rail switching company, and a parent company. BatesCarey LLP successfully moved for summary judgment on the grounds that FELA did not apply to the rail switching company and that FELA did not apply to the parent company because it was not the claimant's employer. A Wyoming federal court agreed with BatesCarey LLP's positions and granted summary judgment in favor of BatesCarey LLP's client. The Tenth Circuit affirmed the trial court's decision and issued its first published decision addressing these issues.

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