The firm secured summary judgment worth over $2 million in Seamless-Gutter, an insurance coverage dispute pending in the Circuit Court of Cook County.

Normally, an excess carrier is not subject to waiver and estoppel rules that apply to primary insurance carriers.  In this instance, the policyholder demonstrated that the excess carrier, Auto-Owners Ins. Co., exercised its right to participate in the defense of a slip-and-fall accident that also involved a breach of contract claim for failure to procure insurance between the general contract and the subcontractor/policyholder.  Judge Flynn ruled that having defended the case without reserving rights to deny coverage for the breach of contract claim, both the primary and excess carriers were estopped from contesting coverage for the policyholder’s liability on the breach of contract claim.

The case is set for status and entry of final judgement awarding damages on May 6, 2019.

The litigation team was led by Charles Philbrick, who focuses his practice on representing insureds in coverage disputes with insurance carriers.

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