Robert J. Golterman, Jeremy P. Brummond and Taylor J. Essner | LewisRice On June 14, 2024, in a case captioned Portage Park Capital, LLC v. A.L.L. Masonry Construction Co., the Illinois First District Court of Appeals clarified and expanded the scope of arbitration in resolving disputes related to mechanic’s liens. Prior to the Portage Park decision, arbitrators determined the… Continue reading Mechanic’s Lien Validity Can Be Decided in Alternative Dispute Resolution in Illinois
Tag: Illinois
A Potential Big Win for Real Estate Developers in Illinois: CGL Coverage for Property Damage from Defective Work
Michael Roth and Lauren Stewart | Sheppard Mullin Richter & Hampton Listen to this post Illinois may have just opened a new door for developers and owners for insurance coverage when it comes to defective construction work and commercial general liability (“CGL”) coverage. Based on the recent Illinois Supreme Court ruling in Acuity v. M/I Homes… Continue reading A Potential Big Win for Real Estate Developers in Illinois: CGL Coverage for Property Damage from Defective Work
Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage
Tred R. Eyerly | Insurance Law Hawaii The Illinois Supreme Court found that the underlying allegations addressing construction defects were sufficient to establish “property damage” caused by an “occurrence.”Acuity v. M/I Homes of Chicago, LLC, 2023 Ill. LEXIS 1019 (Ill. Nov. 30, 2023). M/I Homes was the general contractor for a… Continue reading Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage
IL Court: Insurer Can Subrogate Additional Insured Without Equitable Principles
Geoffrey Waguespack | Butler Weihmuller Katz Craig Illinois Appellate Court Holds that Insurer May Subrogate to the Rights of an Additional Insured Based on a Contractual Right to Subrogation and that Equitable Subrogation Principles Do Not Apply In a recently decided opinion, the Illinois Appellate Court, First District held that an insurer may subrogate to the rights… Continue reading IL Court: Insurer Can Subrogate Additional Insured Without Equitable Principles
Illinois Supreme Court Holds that Constructions Defects May Constitute “Property Damage” Caused By An “Occurrence” Under Standard CGL Policy, Overruling Prior Appellate Court Precedent
Jason Taylor | Insurance Law Blog On November 30, 2023, the Illinois Supreme Court issued an opinion that overturned precedent in Illinois regarding whether faulty workmanship that only caused damage to the insured’s own work constituted “property damage” caused by an “occurrence” under Illinois law. In Acuity v. M/I Homes of Chicago, LLC, 2023 IL 129087, the… Continue reading Illinois Supreme Court Holds that Constructions Defects May Constitute “Property Damage” Caused By An “Occurrence” Under Standard CGL Policy, Overruling Prior Appellate Court Precedent