Specialty Lines Advisory

The Two-Year Statute of Limitations for Actions Against Insurance Producers in Illinois Begins to Run on the Date the Policy Is Received by the Policyholder

The Illinois Appellate Court for the First District, in Austin Highlands Development Company v. Midwest Insurance Agency, Inc., 2020 Ill. App. (1st) 191125, decided two issues important to insurance producers in Illinois. The two-year statute of limitations applies to both… Continue Reading →

Illinois Court Holds Texas Company is Subject to Personal Jurisdiction in Illinois, and that Illinois Personal Jurisdiction Precedent is not Overruled by Recent Company-Friendly United States Supreme Court Decisions

The Illinois Appellate Court for the First District recently ruled that Illinois’ personal jurisdiction precedent was not overruled by recent decisions made by the United States Supreme Court. Schaefer v. Synergy Flight Center, LLC, 2019 IL App (1st) 181779 (1st… Continue Reading →

Employees vs. Independent Contractors – More Bad News for California Businesses: Dynamex Strengthened and Retroactively Applied

The lower Court in Vazquez v. Jan-Pro Franchising International, Inc. (9th Cir. 17-16096 5/2/19) had rendered a decision in a decade-old class action. Subsequently, last year in April 2018, the California Supreme Court decided Dynamex Operations West v. Superior Court… Continue Reading →

In Addition to No Wage and Hour Liability Against Payroll Provider, Now No Contract and Negligence Liability

Goonewardene v. ADP, LLC, et al. (SC S238941 2/7/19). The California Supreme Court has recently decided that a payroll company cannot be held liable to an employee for breach of contract and negligence in calculating wages. The existing law is… Continue Reading →

Courts Continue to Enforce Arbitration Agreements

On September 25, 2018, the United States Court of Appeals for The Ninth Circuit followed the U.S. Supreme Court’s lead by enforcing class action waivers in arbitration agreements. This a significant win for employers, and Uber in particular. Uber drivers… Continue Reading →

Attorney Spotlight: Jennifer Perdigao

Jennifer Perdigao is a partner in Tressler’s insurance practice. Her practice includes insurance coverage and defense as well as non-insurance advisory matters. Jennifer’s insurance coverage experience includes insurance coverage analysis and insurance litigation involving commercial general liability, aviation operations, personal and… Continue Reading →

The Sinking of El Faro

On December 12, 2017, the National Transportation Safety Board met to present its findings and proposed recommendations related to the sinking of the U.S. cargo ship El Faro. The 790-foot El Faro sank about 40 nautical miles northeast of Acklins… Continue Reading →

It’s Not False Imprisonment if Plaintiff Refuses to Leave

United Airlines recently prevailed on a False Imprisonment claim involving a passenger who refused to leave the United Club Departure lounge in Cooper v. United Airlines, Inc., 2017 WL 3278924 (S.D.N.Y. August 1, 2017).  The Plaintiff was returning from Kenya… Continue Reading →

Plaintiff’s Case Deflated Because Hot Air Balloon Was Not A Common Carrier

Plaintiff sued a hot air balloon operator in Erika Grotheer v. Escape Adventures, Inc.,  __ Cal. Rptr. 3d. ___ (2017) for injuries she incurred as a passenger on a hot air balloon adventure which abruptly ended when the balloon crashed… Continue Reading →

Retaliation By Any Other Name…Is Still Willful

In National Union Fire Ins. Co. of Pittsburgh, PA v. Town of Norwood, __ F. Supp. 3d__, 2017 WL3185848 (D. Mass. July 26, 2017), the Town of Norwood, Massachusetts (“Norwood”) recently found out that a First Amendment claim for retaliation… Continue Reading →

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