This case is another dispute between an insured and his homeowner’s insurer. After his house burned down, Rodney Barth filed a claim with State Farm. State Farm denied the claim because, it argued, Rodney made material misrepresentations during State Farm’s investigation of the fire. A jury found in favor of…
Illinois Appellate Lawyer Blog
No Abuse Of Discretion In Finding Law Firm Waived Right To Arbitration
Jeffrey Woods and three associated parties had a dispute with the Patterson Law firm. The law firm claimed Woods et al. owed $47,000 for legal fees; Woods claimed the law firm committed legal malpractice. The law firm sued for the fees, but voluntarily dismissed its case. Woods then sued for…
Motion To Strike Summary Judgment Affidavit Reviewed De Novo
As representative of Stanley Collins’s estate, Lisa Collins sued St. Paul Mercury Insurance for underinsured motorist coverage of the auto accident that killed Stanley. Lisa appealed after the trial court ruled that St. Paul did not owe insurance coverage and awarded the company summary judgment. Among other things, Lisa complained…
Retroactive Application Of Illinois Supreme Court Rule Amendment Saves Insurer’s Appeal
Eclipse Manufacturing apparently was annoyed by receiving unsolicited faxes from United States Compliance. So Eclipse filed a class action case against Compliance. Compliance demanded a defense and indemnification from its insurer, Hartford Insurance. Hartford declined to defend and denied coverage. Compliance settled with Eclipse, and gave Eclipse an assignment of…
Appeal Of Expired Commitment Order Not Moot
Kevin S. disputed an involuntary commitment order against him that placed him in the Chester Mental Health Center. The commitment order was entered in November 2006, and was good for 180 days. But the case was before the Fifth District Illinois Appellate Court well after the 180 days expired. So…
Lack of Hearing Transcripts Makes For Insufficient Record To Reverse Good Faith Of Settlement
A building owned by the Jesuit church collapsed during demolition of the building next door. The church’s insurer paid the church’s insurance claim, and they both sued a number of the contractors involved in the demolition. When the church and the insurer settled with most of the defendants, the non-settling…
Children’s Claim For Constructive Trust Gets De Novo Review
After his ex-wife died, Edward Trevino got into a dispute with his children over the disposition of a $100,000 life insurance benefit. Edward was the beneficiary on the policy. But his children pointed to a marital settlement agreement that stated they were to be beneficiaries of any “death benefits.” The…
Pretrial Objections To Parol Evidence Not Enough To Save Issue For Appeal
This case involves a dispute over the sale of land. Wheeler-Dealer asked the court to reform or rescind of the deed. Defendant Roger Christ won after a bench trial. Wheeler-Dealer appealed the verdict. One of Wheeler-Dealer’s arguments to the First District Illinois Appellate Court was that parol evidence improperly was…
Seventh Circuit Holds Rule 60(b) Reconsideration Motion Not A Substitute For Appeal
Leo Stoller sued Pure Fishing Incorporated for trademark infringement. Eventually, the federal district court defaulted Stoller and awarded Pure Fishing costs and fees on one of its counterclaims. When Stoller appealed, Pure Fishing moved to require him to post an appeal bond. The trial court granted Pure Fishing’s motion. But…
Failure To Proffer Proposed Amended Pleading Forfeits Right To Appeal
Members of an insurance pool were sued for failure to pay extraordinary assessments. The pool members in turn brought a third-party complaint against a number of parties alleging breach of contract and numerous torts. The trial court dismissed a significant part of the third-party complaint with prejudice and without leave…