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]]>This is the fourth trial (and the third jury trial) that CWLG has completed this year.
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]]>The post CWLG Obtains Defense Verdict Following Jury Trial in Macoupin County appeared first on Craney Winters Law Group, LLC.
]]>During closing arguments, Plaintiff requested $300,000 in damages. The jury deliberated for about an hour and a half before returning a complete defense verdict. The trial was first-chaired by James Craney.
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]]>The post CWLG obtains favorable ruling in Defamation case in Monroe County appeared first on Craney Winters Law Group, LLC.
]]>Defendant moved to dismiss all five counts of Plaintiff’s Complaint based on several defenses, including qualified privilege, substantial truth, innocent construction rule, SLAPP Act, and failure to state a claim upon which relief could be granted. Judge Heitzmann ruled that qualified privilege applied to two statements Defendant made to the Attorney General and the ARDC; therefore, those statements are not defamatory. He also ruled that the innocent construction rule applied to another statement posted to a website that did not identify Plaintiff’s company. Judge Heitzmann further ruled that Plaintiff failed to meet the pleading requirements for two of the causes of action. The Order struck and dismissed Plaintiff’s allegations regarding the statements made to the Attorney General and the ARDC, the statement made to the website, and Plaintiff’s causes of action for intentional interference with an existing contract, and intentional interference with prospective business relations.
Oral arguments on behalf of Defendant were made by attorney James L. Craney.
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]]>The post CWLG Obtains Defense Verdict following Jury Trial in St. Clair County appeared first on Craney Winters Law Group, LLC.
]]>The post CWLG Obtains Defense Verdict following Jury Trial in St. Clair County appeared first on Craney Winters Law Group, LLC.
]]>The post What coverage do businesses need for asbestos liability? appeared first on Craney Winters Law Group, LLC.
]]>However, new and experienced business owners alike might wonder what types of insurance policies are essential, and which are not. After all, business owners also strive to conserve finances.
For example, many business owners wonder: do they need insurance coverage for asbestos?
As many business owners know, asbestos is a dangerous substance. Exposure to it could lead workers, customers and even business owners themselves to face health issues such as mesothelioma.
The risk asbestos poses to one’s health is undeniable. However, it is also a threat to businesses overall.
The Insurance Information Institute (III) reported that insurers paid out more than $24 billion between the years of 1991 and 2004 in response to asbestos claims. And the impact on businesses was significant. During this period:
The risk remains high, and there is no sign of claims decreasing.
Asbestos claims are not an issue of the past. They are still a significant concern for all businesses and industries, especially since health issues from asbestos exposure do not often manifest until years later. That is why businesses must have proper insurance coverage.
If businesses have the proper insurance coverage, they can mitigate the risks they face when it comes to asbestos claims. The exact coverage Illinois businesses can obtain depends on the insurance company as well as the specific policy, but basic policies generally include coverage for:
Of course, business owners should be proactive. They must inspect their properties carefully for any sign of asbestos and eliminate the risks. However, asbestos-related claims are often complex and volatile issues, and business owners must ensure they have the proper coverage to protect their future.
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]]>The post What is an insured’s duty to cooperate? appeared first on Craney Winters Law Group, LLC.
]]>If property owners face a liability claim, they usually file a claim with their insurance company to build a defense and protect their interests. To provide the proper coverage, insurance companies usually conduct an investigation of the incident. In these cases, the duty to cooperate often comes into play.
The cooperation clause of an insurance contract explains the details of the duty to cooperate.
As the name implies, the duty to cooperate requires insureds to cooperate with insurance companies when they file a claim. This often involves:
The terms might vary depending on the individual contract, but these are the general responsibilities insureds must uphold.
Fulfilling the duty to cooperate allows insurance companies to execute a proper investigation of the claim filed and prevent insurance fraud. A thorough and proper investigation requires insureds and insurers to exchange a significant amount of information. The duty to cooperate only upholds and facilitates this.
In turn, the duty helps to protect both the insurance company and the insured.
If insureds do not fulfill their duty to cooperate after they file a claim, insurance companies could potentially have grounds to terminate coverage or the contract. It is difficult for insurance companies to prove an insured’s failure to cooperate, so this is rare.
Even so, it is still critical for insureds to understand this duty they have long before they file a claim, so they can protect their rights, their finances and their insurance coverage.
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]]>The post What must businesses know about strict liability? appeared first on Craney Winters Law Group, LLC.
]]>So far, several courts ruled in favor of the plaintiff’s claims regarding Johnson & Johnson’s strict liability. It is common to hear the term “strict liability,” but what does that mean for manufacturers and business owners? What should they know about strict liability?
Strict liability is a complex concept. Usually, an individual only has liability for an injury or diagnosis if plaintiffs can prove they were negligent. However, that is not the case with strict liability.
It is difficult to prove companies were negligent, therefore strict liability cases do not consider intention or negligent actions. Plaintiffs only have the burden of proof to show that:
Companies could be found liable in these cases if the product itself contained a known dangerous substance – such as asbestos in talcum powder. Under certain circumstances, that could be enough for businesses to face the risk of a strict liability claim.
This is only a brief explanation of strict liability. To fully understand what it means for a company, business owners should consult an experienced attorney.
Proving these three factors may require less than proving negligence, but it can still be difficult. Even so, it can also be a challenge to build a defense against such claims. Asbestos cases are often particularly challenging, but companies could still defend themselves by:
Illinois adheres to the discovery rule. That means that plaintiffs have two years after a diagnosis or injury to take legal action.
Companies should also ensure that they have proper insurance coverage regarding asbestos and pollution liability. This is essential, as insurance coverage can often:
Such insurance coverage can help protect companies and manufacturers. However, companies must ensure they take any strict liability asbestos claims seriously.
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]]>The post How can insurance companies reduce the risk of bad-faith claims? appeared first on Craney Winters Law Group, LLC.
]]>Insurers might not be able to avoid this risk completely, but what can insurance companies do to reduce the risk of these claims leading to litigation?
Bad-faith claims often arise because policyholders do not believe they received the benefits they were due. Or, they believe that insurers denied their claim unreasonably.
To avoid such accusations, insurance companies should:
Ambiguous language often works against both the policyholder and the insurance companies. It is often better to ensure the contract and policy language are clear. This is critical because most legal precedents uphold the terms of the contract, and state that it is not a valid bad-faith claim if policyholders are simply unaware of what their policy contains.
Maintaining a detailed record of how you document claims can also provide clear evidence against bad-faith claims. Insurance companies should review their policies on documentation and employees should consider:
Handling records efficiently, yet carefully, is critical to help avoid the risk of bad-faith claims.
Thinking like the policyholder – or potential plaintiff – can help insurance companies immensely. For example, they should consider if any incentives or quotas required for employees could be misconstrued as a reason for denying a claim.
As a rule, insurers have a duty to act in good faith with their insureds. They must uphold that duty and be consciously aware of demonstrating that good faith to reduce the risk of litigation.
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]]>The post Take-home asbestos exposure: What businesses should know appeared first on Craney Winters Law Group, LLC.
]]>In recent years, the risk of litigation has expanded to include cases claiming direct as well as indirect exposure. What is indirect exposure, and what must Illinois business owners know about these cases?
Almost all asbestos claims are complex. Businesses deal with considerable risks if they face these claims, but it can be difficult to prove liability in these cases. When it comes to indirect exposure claims – often referred to as take-home asbestos claims – it is even more complex.
The legal precedent in Illinois regarding take-home asbestos claims makes the outcome of these claims uncertain. In some cases, Illinois courts determine that businesses owe a duty to individuals who suffered take-home asbestos exposure. In others, such as Neumann v. Borg-Warner Morse TEC LLC, courts dismissed the premises owner’s liability to the take-home exposure.
Each case is unique. Illinois courts will examine specific details and circumstances in each case. Therefore, business owners should be aware of these complexities and prepare against the risks these cases pose.
Take-home asbestos claims have become more frequent nowadays, increasing the risks that business owners face. So, what should business owners do to reduce that risk?
It is helpful to:
Ensuring that the business has insurance coverage in the case of an asbestos claim is critical. Additionally, business owners must confirm whether the policy covers both direct and indirect exposure.
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