Cases
- Wilder Chiropractic v. State Farm Fire & Casualty Co.
Obtained summary judgment on a breach of duty to defend and bad faith claim arising out of alleged failure to defend class action suit relating to claims for violation of TCPA.
Successfully defended claim, via three day evidentiary hearing, venued in United States District Court, Northern District of Illinois, relating to enforcement of settlement and stock purchase agreement between two shareholders.
- Lakeside Foods v. Liberty Mutual Insurance Company
Successfully tried and defended breach of duty to defend and bad faith claim arising out of insurance company’s representation of insured in complex commercial litigation matter in California. After bifurcating the bad faith claim, the duty to defend claim was tried to jury, and a defense verdict was obtained.
- Oddsen v. State Farm Fire & Casualty Co.
Obtained summary judgement and declaration of no duty to defend or indemnify for “failure to render aid” claim relating to heroin overdose claim.
Successfully tried insurance coverage action relating to alleged claim for bodily injury and property damage relating to water intrusion causing mold exposure. Plaintiff demanded $13 million at trial. A finding of no duty to defend or indemnify was obtained by post-trial motion.
- Roehl Transport v. Liberty Mutual
Tried insurance bad faith action relating to insurer’s alleged failure to properly investigate and settle third party action, thereby forfeiting Plaintiff’s $500,000 deductible under policy. After two week trial, jury rendered verdict awarding 1/4 the amount of damages requested by Plaintiff at closing.
- Assisted Living Concepts v. Siegel Gallagher, Inc.
Milwaukee County Circuit Court. Successfully defended a construction claim levied against a real estate brokerage under a piercing the corporate veil theory, obtaining summary judgment on behalf of the clients, and affirmance of that decision at the Court of Appeals.
Dane County Circuit Court. Successfully obtained a declaration that the client had no duty to defend or indemnify its insured in business dispute, successfully arguing that the plaintiff’s claims did not constitute an occurrence under the CGL policy.
- Coyne v. JP Morgan Chase Peoria County Circuit Court (Peoria, IL)
Obtained summary judgment on behalf of a national financial services claim in an asbestos case. The case was originally filed in Cook County, Illinois, but on defendants’ motion the case was moved to the more favorable jurisdiction of Peoria County. In Peoria County, Mark Malloy successfully argued that the Plaintiff failed to satisfy the “frequency, regularity, and proximity test” required in Illinois asbestos litigation.
Kenosha County Circuit Court. Successfully obtained a favorable jury verdict in a case filed against the client, a national grocery store operator, for personal injury arising out of negligent maintenance of the premises.
- Anderson v. AW Chesterton Madison County Circuit Court (Edwardsville, IL)
Obtained summary judgment on behalf of the client, a global financial services firm, in a wrongful death asbestos case filed in Madison County, Illinois. The client had been sued as a successor to a company it had purchased through a series of transactions. Plaintiff alleged that he had been exposed to asbestos while working at the Xerox Building in Chicago in the early 1970s. Mark Malloy successfully argued that the plaintiff had not met its burden of establishing ownership by the predecessor corporation, which in fact was a trustee for the real owner of the building, or that successor liability flowed from the predecessor company to the client.
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