Pretzel & Stouffer

Summary Judgment in a Professional Negligence Case Won

Pretzel & Stouffer Partner Brian C. Rocca, assisted by Michael A. Barry, recently won summary judgment in a professional negligence case brought against an insurance producer for its alleged failure to procure for a commercial building owner an appropriate commercial general liability policy, which excluded claims brought by contractors or their employees for injuries received while working on the premises due to the negligence of the owner policy holder (a contractor’s employee was seriously injured while working on the property). Brian and Mike argued that the owner did not specify that he wanted such coverage included, and that the policy in question, just as the one before it, clearly and in bold language, excluded claims for injuries to contractors and their employees. They argued that Illinois case law requires that a general request for coverage, absent a specific request for the coverage involved, does not create a duty for the insurance producer to obtain the specific coverage, and independent of that, Illinois law also places a duty upon the policy holder to read the policy and know his coverages.

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