Illinois Tort Immunity

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.

What is Bailment

Bailment is a legal relationship wherein a person (the “bailor”) transfers physical possession of personal property to another person or entity (the "bailee"). Only possession, not ownership, is transferred. The bailee must intend to and physically possess the property. Generally, the bailee is not entitled to the use of the property...

Indiana Med Pay Subrogation Statute

The Indiana Medical Payment Subrogation Statute, Indiana Code 34-53-1-2, requires insurance carriers to use its insured’s attorney as its own attorney for its medical payments lien when an insured files a personal injury lawsuit. The statute requires the insured’s carrier pay the insured’s attorney “the insurer’s pro rata share of...

The Right to Contribution

Ohio law gives rise to two rights of contribution for an insurer: (1) from a joint tortfeasor, pursuant to Ohio Revised Code Section 2307.25; and (2) from a coinsurer or concurrent insurer who provides coverage for the same loss. The right to contribution from a coinsurer or concurrent insurer is...

Assessing Damage to Personal Property Without Market Value

There are hundreds of cases and articles addressing how to assess damage to real and personal property. Using highly calculated formulas, the discussion typically focuses on how to determine market value of real property. Though beneficial to assess real property, these discussions fall short when they fail to address how...