Important Recent Case Law for Illinois
Thursday, October 31, 2013 | 0
NEW! Skokie Castings v. IIGF, 113873 (10/18/13): The Illinois Insurance Guaranty Fund must pay for an insolvent excess insurer's liability on a gunshot victim's 28-year-old permanent total disability claim, the state Supreme Court ruled in a decision that benefited self-insured employers. The high court decided that a state law capping the Illinois Insurance Guaranty Fund's liability at $300,000 does not apply to workers' compensation claims.
NEW! Pister v. Matrix Service Industrial Contractors, 4-12-0781, (09/06/2013): The Illinois Appellate Court ruled that the "traveling employee" theory of liability is limited in application to the workers' compensation system and cannot be used to establish the vicarious liability of an employer in a general tort action.
West Bend Mutual Insurance Co. v. Talton, 2-12-0814, (09/27/2013): A comp carrier which provided coverage for the employees of a company that owned a Wisconsin football franchise was not obligated to provide coverage for the claims of players from an Illinois team in which its insured did not have a legal ownership interest, the Appellate Court ruled.
Williams v. BNSF Railway Co., 06 L 8509, (09/25/2013): A railway's failure to file a notice of appeal within 30 days of a trial judge's oral denial of its post-trial motions for relief from a jury's verdict was fatal to the Appellate Court's ability to review the verdict, the Appellate Court ruled.
Springborn v. Village of Sugar Grove, 2-12-0861 and 2-12-1072, (09/25/2013): Two Illinois police officers who injured themselves while attempting to manually clear roadway obstructions were entitled to benefits under the Public Safety Employee Benefits Act, because they reasonably believed they were addressing an "emergency" at the time of their injuries, the Appellate Court ruled.
Pekin Insurance Co. v. United Contractor Midwest, 3-12-0803, (09/18/2013): A liability carrier for a subcontractor on a construction project had no duty to defend the general contractor from a negligence claim by the subcontractor’s injured employee, the Illinois Appellate Court ruled.
Tiburzi Chiropractic v. Kline, 4-12-1113, (09/16/2013): A medical provider who received a payment from a comp carrier for his services to an injured worker could not recover the difference between that payment and the amount of his bill for his services from the injured worker, even though the worker had agreed to personally guarantee the doctor would be paid in full, the Illinois Appellate Court ruled.
Illinois Emcasco Insurance Co. v. Waukegan Steel Sales, 1-12-0735, (09/13/2013): The liability carrier for a subcontractor on a construction project had a duty to defend the general contractor from a negligence claim by the subcontractor's injured employee, the Illinois Appellate Court ruled.
Garland v. Morgan Stanley & Co., 06L6532, 06L1410, 06L5121, 08L6121 and 10L4345, (09/12/2013): The widow of a financial advisor who died in a plane crash while returning from a business trip cannot maintain a cause of action against the coworker who was piloting the ill-fated aircraft or her late-husband's employer, the Illinois Appellate Court ruled.
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