Category Archives: Illinois
In this article, we’ll help you distinguish administrative expenses from incurred expenses. Deductible reimbursement surfaces when you successfully subrogate a loss against a third party and make a recovery on the claim payments. At that time, a determination is made as to what portion of the insured’s deductible should be reimbursed.
Suits against “local public entities,” including counties, townships, municipalities, municipal corporations, school districts, park districts, fire protection districts, and sanitary districts, fall under the purview of the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1- 101.
From a negligence perspective, Illinois common law maintains a separation of liability between independent and general contractors. Given the absence of a contract, or other factors discussed later, one who hires an independent or sub-contractor is not responsible for the negligence of that person or company. In terms of subrogation this can be quite frustrating.
Pets have a tendency to make their way into subrogation files. The inevitable question we ask is whether a cause of action to base recovery upon exists. In Illinois, the Illinois Animal Control Act supplements the general common law rule. The owner or keeper of an animal is liable for injuries caused by the animal… Read More »
Keis George is proud to announce Warren S. George, managing litigation partner, Andrew C. Stebbins, associate, and Kevin F. Keeley, associate, have been recognized as 2018 Super Lawyers and Rising Stars. Pictured from left to right, Warren S. George, Andrew C. Stebbins, and Kevin F. Keeley. Super Lawyers acknowledges attorneys with a high degree of… Read More »
Product liability laws provide claimants with an avenue of recovery for injuries caused by a defective product. In general, there are two important statutes that an injured party must consider when determining if it may bring a product liability action: (i) the statute of limitations; and (ii) the statute of repose. In Ohio, the statute… Read More »
Subrogating property losses, within the context of the landlord and tenant relationship, can add layers of complexity outside of the general issues that come with all property claims, such as cause and origin of the loss and actual damages incurred. Before expending costs and time, one issue worth analysis is figuring out exactly who can… Read More »
The Economic Loss Doctrine can be a roadblock to subrogation. Exploration of exceptions to the doctrine can provide subrogation professionals with tools to navigate their way to recovery. An economic loss refers to a financial loss and damages suffered by a person or entity, which arise from a defect in the qualitative nature of the… Read More »
The Illinois Economic Loss Doctrine can be a roadblock to recovery. However, before you close your file, take a closer look, armed with exceptions that may help you navigate your way to the other side. The Illinois Economic Loss Doctrine sets out to bar recovery in tort for purely contractual losses or frustrated economic expectations… Read More »
An employee is injured on the job. [You] the carrier makes payments on a worker’s compensation claim the employee makes. Turns out, a third party was negligent and was the actual cause of the injury to the employee. Can you subrogate this claim? How is it different from any other subrogation claim you may have?… Read More »