Todd S. Schenk and Taylor A. Brewer Successfully Defend a General Liability Carrier in an Appeal to the First District Appellate Court of Illinois
Tressler attorneys Todd S. Schenk and Taylor A. Brewer successfully defended a general liability carrier in an appeal to the First District Appellate Court of Illinois. The appeal involved a grant of declaratory judgment regarding the general liability insurer’s declination of coverage pursuant to the Employer’s Liability exclusion for a wrongful death suit. The underlying wrongful death suit involved the death of a construction worker who had been hired to do framing work, but died after falling from a height during his first day on the site. After the trial court granted declaratory judgment in favor of the insurer following a bench trial, the estate of the construction worker appealed. The estate argued that the standard definition of “employee” contained in the policy was ambiguous and that the decedent construction worker was a “temporary worker” that was not excluded under the general liability policy issued by the carrier. The estate also argued that the OHSA report, as well as statements contained therein, should not have been admitted at trial.
On appeal, the First District affirmed the trial court’s declaratory judgment in favor of the general liability insurer, agreeing that the term “employee” is not ambiguous and that the trial court properly considered the OSHA report and attached statement in its decision. The First District held that the trial court correctly found that the term “employee” was not limited to the definitions of “leased worker” and “temporary worker” as defined in the general liability policy. Instead, the First District held that the trial court properly looked to the ordinary meaning of the word “employee” as defined by dictionaries. This decision provides much-needed clarification regarding the application of the standard form Employer’s Liability exclusion and definition of “employee” that are commonly found in general liability policies.
Congratulations to Todd and Taylor for a successful result for their client!
About Todd S. Schenk
Todd is highly experienced in providing insurance coverage counseling and litigation representation to insurance companies. He is particularly skilled in handling third-party claims involving advertising injury and product liability, and first-party claims under residential and commercial property policies. Many of his cases require the defense of common law and statutory bad faith claims, which Todd litigates in venues around the country. He has also handled appeals in both state and federal courts around the country.
About Taylor A. Brewer
Taylor is an associate in Tressler’s Litigation and Appellate Practice Groups. Taylor’s practice focuses on providing comprehensive services to the insurance industry, including coverage analysis, pre-suit claims assessment and handling, insurance defense litigation, and appeals. His experience also extends to healthcare statutory and regulatory compliance, as well as advising and handling claims for state and local governmental entities.
About Tressler LLP
Headquartered in Chicago, with ten offices located in six states, Tressler LLP is a national law firm comprised primarily of attorneys who devote their practice to the representation of the insurance industry in coverage analysis and resolution, litigation, underwriting consultation, product development, claims management, and reinsurance.
In addition, Tressler has one of the most experienced and multi-faceted government law practices in Illinois, and has attorneys who represent clients in commercial litigation, defense litigation, corporate transactions, employment law and litigation, intellectual property, and condominium and common interest community association law.
For more information, please visit www.tresslerllp.com.
