HWW Secures Favorable Illinois Appellate Decision in Complex Coverage Litigation.
In a decision issued December 29, 2008, the Second District of the Illinois Appellate Court affirmed a judgment in favor of a group of insurers concerning claims for coverage arising out of a defective medical device. The court found that the ‘Batch Clause’ in the policies was not triggered by the underlying claims so there could be no coverage, and also rejected the argument that a separate ruling in a parallel Indiana action had collateral estoppel effect in Illinois. HWW Partner Joe Hinkhouse led the oral argument for the insurers, and was assisted on the brief by Rich McDermott and Sarah Dearing.
Read the Second District Opinion Here