Archives for February 2017

How Insurers Can Avoid Estoppel in Insurance Coverage Cases

Kelly Purkey · February 28, 2017 ·

In Illinois insurance coverage actions, an insurer can be estopped from asserting any policy defenses to coverage if the insurance company fails to take proper action. The general rule of estoppel provides that an insurer taking the position that a complaint potentially alleging coverage under a policy that includes a duty to defend may not simply refuse to defend the insured by declaring it not to be covered under the policy. Rather, the insurer has two options: (1) defend the suit under a reservation of rights or (2) seek a declaratory judgment that coverage does not exist. If the insurer fails to take either of these steps and is later found to have wrongfully denied coverage, the insurer is estopped from raising policy defenses to coverage. Employers Insurance of Wausau v. Ehlco Liquidating Trust, 186 Ill.2d 127, 150 (1999).

Talc’s Increasing Presence in Mass Tort Litigation Defense

Paul Steinhofer · February 21, 2017 ·

Talc seems harmless enough. It is used in countless cosmetics and is a staple for infant care. Known as the “world’s softest mineral,” talc is mined from the ground like any other mineral. However, increasing evidence is showing that mined talc can be intermingled with asbestos. Recent court decisions throughout the country could be an indication of the addition of talc-related cases handled by attorneys practicing mass tort litigation defense.

Chapter 13: Offering Debt Relief for the Sole Proprietor

mckenna · February 20, 2017 ·

The daily challenges of operating a business in a competitive marketplace as a sole proprietor can become overwhelming. If you are a sole proprietor with more debt than you can comfortably handle, a Chapter 13 bankruptcy might offer you the debt relief needed to put things back in order.

2017 Employment Case to Watch – Seventh Circuit Court To Rule On Sexual Orientation Discrimination Claim

Kristin Dvorsky Tauras · February 16, 2017 ·

Neither the US Supreme Court nor any federal circuit appellate court has held that discrimination based on sexual orientation is prohibited by Title VII. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Seventh Circuit, as well as several other Appellate Courts, have long held that Title VII does not cover sexual orientation, applying a strict construction of the 1964 statute. The Courts have reasoned that even though the statute prohibits sex discrimination, which has been interpreted restrictively as “gender discrimination”, Title VII does not expressly prohibit sexual orientation discrimination.

Client Reporting by a Insurance Defense Attorney: When to Report, Not If

Alexander Sweis · February 14, 2017 ·

Insurance defense counsel must always keep the lines of communication open with their carriers and be diligent in responding to client inquires. Client reporting is a mandatory task every defense attorney must perform. The various stages of litigation call for different reporting periods. Also, new material information or events could call for extra client reporting.

McKenna Storer Begins 2017 Being Honored for Its Commitment to Excellence

mckenna · February 2, 2017 ·

We are pleased to announce three McKenna Storer partners were named to the 2017 Illinois Super Lawyers lists, an honor to which no more than 5 percent of the lawyers in the state are selected:

Archives for February 2017

Our Commitment to Diversity