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Personal Injury Attorney in Chatham
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About Carlson Bier Associates
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About Carlson Bier
Personal Injury Lawyers in Chatham Illinois
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Notable Illinois Appellate Wins
Moruzzi v. CCC Servs., Inc., 2020 IL App (2d) 190411, 171 N.E.3d 61Background: Insured motorist filed action against insurer for declaratory judgment seeking construction of automobile insurance policy issued to insured and that was in effect when insured was injured by an underinsured driver. The Circuit Court, DuPage County, Bonnie M. Wheaton, J., granted the insurer’s motions for summary judgment. Insured appealed.
Holdings: The Appellate Court, Zenoff, J., held that:
1 medical payments reduction clause in automobile insurance policy conflicted with underinsured motorist provisions so as to render reduction clause ambiguous, and thus medical payment benefits were deductible from insured’s damages;
2 law firm representing insured did not create common fund or common funds when it reached settlement with underinsured motorist, and thus law firm was not entitled to recover fees under common-fund doctrine; and
3 collateral estoppel did not bar automobile insurers from litigating whether common-fund doctrine applied in insured motorist’s declaratory judgment action.
Affirmed in part and reversed in part.
Maier v. CC Servs., Inc., 2019 IL App (3d) 170640, 132 N.E.3d 795Background: After insured, who was injured in automobile collision with another driver, recovered full liability limits of driver’s policy, she filed amended complaint for declaratory judgment against her own automobile insurer, alleging that insurer breached contractual duty to pay for insured’s damages in accordance with uninsured/underinsured motorist (UIM) coverage in insured’s policy and that insurer acted in bad faith in denying insured such coverage. The Circuit Court, La Salle County, Troy D. Holland, J., granted the insurer’s motion to dismiss claims as time-barred. Insured appealed.
The Appellate Court ruled that neither the insurer nor the insured could add amended policy provisions to the court record. It was decided that the policy’s requirement for a written arbitration demand applied to both uninsured and underinsured motorist claims. The court found that a letter from the insured’s attorney to the insurer wasn’t a valid arbitration demand nor a proof of loss to toll the statute of limitations. Finally, the insurer was permitted to use the defense based on the two-year statute of limitations period. The court’s decision was affirmed.Econ. Premier Assurance Co. v. Country Mut. Ins. Co., 2021 IL App (1st) 192364-UHolding: The circuit court’s order that granted defendant’s motion for summary judgment and denied plaintiff’s motion for partial summary judgment was proper where defendant had no duty to indemnify its insured with respect to the underlying complaint and therefore plaintiff was not entitled to recover against defendant on its subrogation or unjust enrichment claims; affirmed.Country Preferred Ins. Co. v. Westerheide, 2023 IL App (5th) 220343-UHolding: The court affirmed judgment of the circuit court granting summary judgment in favor of the plaintiff where the defendant failed to make a written demand for arbitration within two years from the date of the accident as required by the underinsured provisions of the defendant’s automotive insurance policy.
Country Mut. Ins. Co. v. Olsak, 2022 IL App (1st) 200695, 216 N.E.3d 291In a complex legal case, an insurer sought to avoid defending or indemnifying a hockey player under a policy issued to the player’s stepfather after the player was sued for assaulting his coach. The initial Circuit Court ruling favored the insurer, but the Appellate Court reversed this decision, leading to a protracted legal battle. Ultimately, the Appellate Court determined the insurer was liable only up to the $3 million policy limit and found the insurer’s four-year delay in seeking a declaratory judgment to be reasonable. This case highlights important aspects of insurance litigation and policy limit liabilities.Country Mut. Ins. Co. v. Durkin Elec. Co., Inc., 2022 IL App (1st) 210293-U, appeal denied, 199 N.E.3d 1187 (Ill. 2022)Holding: The circuit court’s order that denied plaintiff’s motion for partial summary judgment and found that defendant was an additional insured under the policy was proper. The circuit court’s order that denied defendant’s motion for summary judgment and found that plaintiff did not have a duty to defend or indemnify defendant under the policy was proper; affirmed.
Country Preferred Ins. Co. v. Groen, 2017 IL App (4th) 160028, 69 N.E.3d 911Background: Uninsured motorist (UM) carrier brought action against insured for declaratory judgment that it owed no benefits since workers’ compensation received by insured exceeded policy limits. The Circuit Court, Sangamon County, Chris Perrin, J., entered summary judgment in favor of the carrier. Insured appealed.
Holdings: The Appellate Court, Harris, J., held that:
1 employer’s medical payments entitled carrier to setoff, and
2 setoff clauses were enforceable.
Affirmed.Country Mut. Ins. Co. v. Frobish, 2021 IL App (3d) 190473-UHolding: Allegations in the underlying complaint that a township employee caused property damage by excavating and digging out a ditch failed to impose a duty to defend under township employee’s individual farm insurance policy.Country Mut. Ins. Co. v. Jones, 2018 IL App (1st) 173154-UHolding: The judgment of the circuit court of Cook County is affirmed; plaintiff is entitled to summary judgment on its claim for a declaratory judgment that it has no duty to defend or indemnify its insured against the underlying complaint because the loss claimed in the underlying complaint is subject to an exclusion. The court held that it would also enter judgment for plaintiff because the underlying complaint does not allege an “occurrence” causing bodily injury within the meaning of the policy.Country Mut. Ins. Co. v. Schmitt, 2021 IL App (5th) 190173-UHolding: The appellate court reversed and remanded the judgment of the circuit court where plaintiff had no duty to defend its insured and thus was not stopped from raising policy defenses to coverage for the underlying tort action contained in the amended declaratory action.Country Mut. Ins. Co. v. Livorsi Marine, Inc., 222 Ill. 2d 303, 856 N.E.2d 338 (2006) (the late Keith Carlson)Liability insurer brought action against insureds for a declaratory judgment based on failure to provide timely notice of lawsuits against them. The Circuit Court, Cook County, Stephen A. Schiller, J., entered judgment for the insurer. Insureds appealed. The Appellate Court, Wolfson, J., 358 Ill.App.3d 880, 295 Ill.Dec. 665, 833 N.E.2d 871, affirmed. Leave to appeal was granted.
Holdings: The Supreme Court, Garman, J., held that:
1 if the insurer did not receive reasonable notice of an occurrence or a lawsuit, the policyholder may not recover under the policy, regardless of whether the lack of reasonable notice prejudiced the insurer, overruling Rice v. AAA Aerostar, Inc., 294 Ill.App.3d 801, 229 Ill.Dec. 20, 690 N.E.2d 1067, and Cincinnati Insurance Co. v. Baur’s Opera House, Inc., 296 Ill.App.3d 1011, 230 Ill.Dec. 624, 694 N.E.2d 593, and
2 insured did not need to prove that it was prejudiced by delayed notice of lawsuits.
Affirmed.
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Education & Information
Resources For Chatham Residents
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Brain Injury Association of America
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Frequently Asked Questions
All Attorney Services in Chatham
Areas of Practice in Chatham
Bicycle Collisions
Proficient in legal assistance for clients injured in bicycle accidents due to negligent parties’ carelessness or dangerous conditions.
Thermal Traumas
Supplying professional legal support for patients of serious burn injuries caused by accidents or misconduct.
Physician Negligence
Offering dedicated legal support for individuals affected by physician malpractice, including misdiagnosis.
Merchandise Fault
Addressing cases involving problematic products, providing skilled legal help to victims affected by product malfunctions.
Elder Malpractice
Supporting the rights of nursing home residents who have been subjected to malpractice in aged care environments, ensuring compensation.
Fall and Tumble Incidents
Professional in addressing tumble accident cases, providing legal assistance to victims seeking recovery for their injuries.
Childbirth Wounds
Offering legal guidance for families affected by medical incompetence resulting in birth injuries.
Auto Crashes
Mishaps: Devoted to guiding patients of car accidents obtain fair recompense for wounds and damages.
Scooter Mishaps
Committed to providing legal support for motorcyclists involved in scooter accidents, ensuring justice for harm.
Semi Crash
Extending expert legal support for persons involved in trucking accidents, focusing on securing just compensation for harms.
Construction Incidents
Dedicated to advocating for workers or bystanders injured in construction site accidents due to oversights or carelessness.
Neurological Traumas
Focused on ensuring compassionate legal advice for patients suffering from brain injuries due to incidents.
K9 Assault Wounds
Proficient in managing cases for persons who have suffered traumas from dog bites or wildlife encounters.
Foot-traveler Accidents
Focused on legal representation for foot-travelers involved in accidents, providing expert advice for recovering recovery.
Unfair Loss
Advocating for families affected by a wrongful death, supplying understanding and expert legal representation to ensure restitution.
Spine Harm
Specializing in advocating for patients with spinal cord injuries, offering dedicated legal guidance to secure redress.
