CHICAGO - The transmission of automated, unsolicited telephone calls that advertised an insured's services does not constitute a negligent act, error or omission arising out of the conduct of the insured's business of rendering services for others as a licensed insurance agent, general agent or broker, an Illinois panel held Nov. 26, affirming a lower court's ruling that a professional liability insurer has no duty to defend or indemnify its insured (Scott Margulis v. BCS Insurance Co., No. 1-14-0286, Ill. App., 1st Dist., 4th Div.; 2014 Ill. App. LEXIS 826).
MOUNT VERNON, Ill. - Homeowners' allegations of an insured's faulty foundation work for their home do not constitute "property damage" caused by an "occurrence" within the meaning of the policy coverage under a commercial general liability insurance and a commercial liability umbrella policy, an Illinois appeals panel affirmed Nov. 26 (Design Concrete Foundations Inc. f/k/a Design Concrete of Madison County Inc. v. Erie Insurance Property and Casualty Co. a/k/a Erie Insurance Group, No. 5-13-0353, Ill. App., 5th Dist.; 2014 Ill. App. Unpub. LEXIS 2684).
CHICAGO - The alleged assignee of certain rights of an insolvent insurer asked the Second Circuit U.S. Court of Appeals on Nov. 21 for a rehearing en banc of the court's decision denying the appeal of a lower court's dismissal of a motion to compel an international reinsurer to arbitrate a payment dispute (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 13-1364, 7th Cir.).
CHICAGO - Citing a declaratory judgment defendant's "substantial likelihood" of succeeding on the merits of its patent infringement counterclaim, an Illinois federal judge on Nov. 21 agreed to award a preliminary injunction in the case (Tuf-Tite Inc. v. Federal Package Networks Inc., No. 14-2060, N.D. Ill.; 2014 U.S. Dist. LEXIS 163352).
CHICAGO - An insurer asked a federal court in Illinois on Nov. 19 to confirm a reinsurance arbitration award issued by an arbitration panel in its favor (Continental Insurance Company v. Transatlantic Reinsurance Company, No. 14-cv-09285, N.D. Ill.).
CHICAGO - A request by a defendant for leave to file an amended counterclaim adding state law claims of trade disparagement and defamation was granted Nov. 20 by an Illinois federal judge in a trademark infringement dispute (DB Distributors LLC v. 21 Century Smoking Inc., No. 12-50324, N.D. Ill.).
EAST ST. LOUIS, Ill. - Although an Illinois federal judge found certain behavior by the plaintiff's attorneys in a now-dismissed copyright infringement lawsuit to be questionable and suspicious, he held Nov. 18 that there was not sufficient evidence to definitively establish sanctionable behavior, denying a defendant's motion for contempt and additional sanctions against the attorneys (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 3:12-cv-00889, S.D. Ill.; 2014 U.S. Dist. LEXIS 161566).
CHICAGO - Whether a roofing exclusion applies will determine if an insurer can proceed on its claims for no duty to defend or indemnify an underlying subrogation lawsuit against an insured for negligence and breach of contract, an Illinois federal judge ruled Nov. 14, denying a motion to dismiss (Atlantic Casualty Insurance Co. v. Sealtite Roofing & Construction Co. and Erie Insurance Exchange a/s/o Richard Ryser, No. 13-459, N.D. Ill.; 2014 U.S. Dist. LEXIS 160293).
EDWARDSVILLE, Ill. - A group of Illinois residents on Nov. 10 sued the Illinois Department of Natural Resources (IDNR) opposing the passage of the Hydraulic Fracturing Regulatory Act (HFRA), contending that the rulemaking process that led to the act's passage was "invalid" (Marie Smith, et al. v. Illinois Department of Natural Resources, et al., No. 14-CH-711, Ill. Cir., 3rd Jud. Cir.; Madison Co.).
CHICAGO - Class representatives in the National Collegiate Athletic Association (NCAA) concussion litigation on Nov. 7 asked the U.S. District Court for the Northern District of Illinois to add athletes in non-contact sports as representatives of the settlement class (In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, Master Docket No. 1:13-cv-09116, N.D. Ill.).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Nov. 7 affirmed a lower court decision and said certain reinsurance agreements merely show what debt is allegedly owed by a reinsurer but do not transfer the right to arbitrate that debt to the alleged assignee of certain rights of an insolvent insurer (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 13-1364, 7th Cir.; 2014 U.S. App. LEXIS 21296).
CHICAGO - An offer of payment by a company that allegedly sent unauthorized faxed advertisements, which was made before a sufficient motion for class certification was filed, mooted the claims filed under the Telephone Consumer Protection Act (TCPA), an Illinois appellate panel ruled Nov. 6 (Ballard RN Center, Inc., f/k/a Ballard Nursing Center, Inc. v. Kohll's Pharmacy and Homecare, Inc., No. 1-13-1543, Ill. App., 1st Dist., 4th Div.; 2014 Ill. App. LEXIS 780).
SPRINGFIELD, Ill. - The Illinois Joint Commission on Administrative Rules (JCAR) on Nov. 6 passed the Hydraulic Fracturing Regulatory Act (HFRA), which allows for fracking to proceed in the state. The JCAR passed the act unanimously except for one abstention, according to reports from both fracking supporters and those opposing the decision.
CHICAGO - A group of convenience store owners has failed to produce sufficient evidence to support the entry of a temporary restraining order delaying enforcement of a Chicago ordinance banning the sale of flavored tobacco products near schools, a federal judge ruled Nov. 4 (76 Enterprises Inc., et al. v. The City of Chicago, et al., No. 14-08306, N.D. Ill.).
CHICAGO - An Illinois appeals panel on Nov. 5 denied a motion to rehear its Sept. 30 decision that reversed a lower court's ruling in favor of an insurer in a coverage dispute arising from unsolicited fax ads (Central Mutual Insurance Co v. Tracy's Treasures, et al., No. 1-12-3339, Ill. App., 1st Dist., 3rd Div.).
CHICAGO - Hewlett Packard Co. (HP) won summary judgment on Nov. 5 on its affirmative defense that it possessed a license to use patented technology it was later accused of infringing (MLR LLC v. Hewlett Packard Company, No. 14-912, N.D. Ill.).
CHICAGO - Expert Barry Castleman may testify regarding asbestos state of the art, but he may not opine about specific asbestos defendants' knowledge, a federal judge in Illinois judge affirmed Oct. 28. A judge previously rejected William Longo's testimony and videotaped demonstrations as an insufficient fit for the case (Charles Krik v. Crane Co.; ExxonMobil Oil Corp.; Owens-Illinois Inc.; and The Marley-Wylain Co., No. 10-7435, N.D. Ill.).