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Practice Area: Insurance Coverage

Robert Chemers obtained a judgment for an insurer client in federal court in southern Illinois

Robert Chemers obtained a judgment for an insurer client in federal court in southern Illinois that there is no duty to defend an underlying BIPA class action complaint where the allegations fell within the “Recording & Distribution of Material and Information in Violation of Law” endorsement exclusion which exclusion included a specific reference to the …

September 2022

Team victory in a challenge motion regarding 735 ILCS 5/2-1303

Robert Chemers led a team including Ed Ruff and John Scheid in a challenge to 735 ILCS 5/2-1303, the amendment to the Code adding pre-judgment interest effective July 1, 2021. The challenge motion was brought in a medical malpractice case pending in Cook County, and on May 27, 2022 the Circuit Court declared the statutory …

May 2022

Robert Chemers and Dave Larson obtain summary judgment for an insurer client

Robert Chemers and Dave Larson obtained summary judgment for an insurer client against its Insured, which Insured was defended by the carrier through personal counsel under reservation, no settlement occurred, and the Insured tried the underlying business tort case (conversion, detinue, and two tortious interference claims) and lost with an adverse judgment entered for $8.3M, …

May 2022

COVID-19: Dismissal with Prejudice Obtained on Behalf of Insurance Broker

Richard M. Waris, Brendan J. Nelligan, and Quinn P. Donnelly obtained the dismissal with prejudice of a complaint filed against an insurance broker alleging that the broker was negligent in procuring coverage and negligently misrepresented the scope of the coverage procured, when the insured was denied coverage for economic losses they allegedly sustained as a …

June 2021

Significant Victory for Insurers by Pretzel & Stouffer Before Illinois Supreme Court

  In a significant victory for the insurance industry, Pretzel & Stouffer attorneys, Robert Chemers and Jonathan Federman, prevailed today for an insurer in the Supreme Court of Illinois. The court issued its opinion this morning reversing the trial court and the Illinois Appellate Court, Fifth District, and directing the trial court to enter judgment …

January 2020

Court Grants Summary Judgment for Pretzel Client Over No Duty to Defend or Indemnify

  Pretzel & Stouffer attorneys, Rich Burgland, Robert Chemers, and Paula Villela, obtained a summary judgment for their insurer client that it had no duty to defend or indemnify the insured for various motions for sanctions and attorneys’ fees and the resultant judgment against the insured for more than $1.1 million in fees, costs and …

January 2020

Wisconsin Motion for Judgment Victory Against Pro Se Plaintiff

Robert Chemers and Jonathan Federman, recently obtained a summary judgment in a 39-page Order for an Illinois professional liability insurer in Milwaukee County, Wisconsin. The pro se plaintiff filed a direct action suit against the insurer and several attorneys and law firms. The Court held, among other things, that the insurer did not insure any …

October 2019

Robert Chemers and Scott Howie Secure Appellate Dismissal

Pretzel & Stouffer partners, Robert Chemers and Scott Howie, succeeded in having an adversary’s appeal dismissed for lack of appellate jurisdiction in the Appellate Court of Illinois, First District. In a declaratory judgment action, the circuit court entered judgment for the firm’s client, an insurer, holding that it had no duty to defend its insured …

September 2019

Appellate Victory Secured for Insurance Company

Pretzel & Stouffer attorneys Richard Waris, Jim Sipchen, Quinn Donnelly, and Scott Howie obtained an affirmance in the Illinois Appellate Court, First District, of the dismissal of an action against several defendants, including an insurance company and another law firm. The appeal concerned the alleged settlement of a previous tort action during the trial of …

July 2019

Summary Judgment Victory for Insurance Carrier

Robert Chemers, Rich Burgland, and Paula Villela, recently secured summary judgment for their client, a liability insurance carrier, which was found to have no duty to defend a general contractor in an action alleging construction defects and conversion of the claimant’s property. The underlying claimant brought an action against the general contractor for negligence in …

July 2019

Pretzel & Stouffer Attorneys Win in Mississippi Supreme Court

Robert Chemers and Rich Burgland obtained a major victory for their insurer client in the Mississippi Supreme Court. With the help of local counsel, Dorrance Aultman, Robert and Rich successfully defended an appeal by two claimants. The claimants sought coverage for a wrongful death lawsuit arising out of the death of their adult son who …

July 2019

Pretzel & Stouffer Attorneys Win Appeal on Behalf of Insurer

Brendan Nelligan and Dave Larson, recently won an appeal in the Illinois Appellate Court, Second District, which affirmed an order of summary judgment in a declaratory judgment action brought on behalf of Pretzel’s client, an insurance company. The appellate court adopted Pretzel’s argument that their insurer client owed no duty to defend or indemnify an …

July 2019

Pretzel & Stouffer Attorneys Obtain Two Summary Judgments in One Day for Insurers

Two motions for summary judgment granted for two clients in two counties on one day.  Donald Eckler, Matthew Ligda, and Jonathan Federman obtained summary judgment for two insurers on a claim of bad faith in one case and an alleged violation of the Consumer Fraud Act in another. The bad faith case arose out of …

July 2019

Pretzel & Stouffer Attorneys Obtain Summary Judgment for Insurance Producer

Richard Waris, Brendan Nelligan, and Matthew Ligda, successfully defended an insurance producer against a claim for negligent procurement of insurance brought in federal court by a minor-league hockey player who lost an eye during a game. In 2014, the injured player sued the league and obtained an $800,000 judgment. Thereafter, the player brought a declaratory …

July 2019

Pretzel & Stouffer Attorneys Obtain Summary Judgment for Insurer

David Bennett and Rich Burgland recently obtained summary judgment in favor of their insurer client. The court found that their client had no duty to defend an underlying lawsuit seeking damage to residential apartment units from the insured’s allegedly faulty roof work. The court agreed with Dave’s and Rich’s arguments that both counts against the …

July 2019