Elizabeth Doolin and Julie Wall publish article in “For the Defense” on critical litigation hold issues

By Publications Archives

The December 2013 issue of DRI’s For the Defense magazine features an in-depth examination of when a party’s litigation hold notice must go to third parties who may be in possession of documents and electronically stored information within the control of that party, written by CMN members Elizabeth Doolin and Julie Wall.  This article presents crucial information for litigants about this rapidly-developing area of the law.

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Published Article

CMN Publishes 2010 Life, Health, Disability Law Survey

By Publications Archives

Chittenden, Murday & Novotny’s article “Recent Developments in Health Insurance, Life Insurance, and Disability Insurance Case Law” was recently published in the Tort Trial and Insurance Practice Law Journal at 45-2 Tort Trial & Ins. Prac. L.J. 397 (Winter 2010).


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Recent Developments Article

 

Related Members                            

William A. Chittenden, III
Elizabeth G. Doolin
Michael B. Galibois
David F. Schmidt
Joseph J. Hasman
Jennifer S. Stegmaier
Joseph R. Jeffery
Julie F. Wall

Related Associates

Craig M. Bargher
Georgia J. Joyce
Stuart F. Primack
Vittorio F. Terrizzi

CMN U-5 Article Published in Practical Compliance & Risk Management Magazine

By Publications Archives

CMN attorneys Elizabeth Doolin and Joe Jeffery’s article “Steering Around Defamation Liability When Completing a U-5” was recently published in the Practical Compliance & Risk Management for the Securities Industry magazine’s July-August 2010 edition.  See attached article.

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Featured Article

 

Related Members                            

Elizabeth G. Doolin
Joseph R. Jeffery

CMN Lawyers Win Jury Verdict For Life Insurer Client

By Publications Archives

In what is believed to be the first case of its kind to go to verdict, Sean P. MacCarthy and Craig M. Bargher of Chittenden, Murday & Novotny LLC in Chicago obtained a full defense jury verdict for CMN client American Family Life Insurance Company in a wrongful death case brought against American Family for alleged negligent issuance of a life insurance policy. In Bryant v. American Family Life Insurance Company, No. 09 L 006659, Circuit Court of Cook County, Illinois, County Department, Law Division (May 20, 2010), the plaintiff alleged that American Family negligently issued a $500,000 universal life insurance policy, insuring the life of Lorenzo Hamilton, after an imposter applied for the policy in January 2001 at the office of an American Family agent.  The imposter represented to the agent that he was Hamilton, provided income information, presented an employee identification card with Hamilton’s name on it, and signed the application. Another person represented herself as Hamilton’s fiancée, and was the named beneficiary. Approximately two months after American Family issued the policy, the imposter and another person murdered Hamilton. The imposter fiancée then made a claim for the death benefits. American Family conducted a contestable investigation, quickly learned that the imposter applied for the policy, and denied the claim. The murderers were convicted and sentenced to prison, and the impostor fiancée was convicted of insurance fraud and sentenced to prison as well.

At trial, American Family’s underwriting expert, who had been employed as a home office underwriter for over 20 years, testified that the insurer properly followed all of its policies and procedures and complied with the applicable standard of care. The plaintiff asked the jury to award $1,700,000 in damages but the jury returned a full defense verdict.
This was the first case to be tried in Illinois against an insurance company for the alleged negligent issuance of an insurance policy to an imposter since the Illinois Supreme Court’s decision in Bajwa v. Metropolitan Life Insurance Company, 208 Ill. 2d 414, 804 N.E.2d 519 (Ill. 2004), which recognized such a cause of action.

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   Featured Article

 

Related Member                            

Sean P. MacCarthy

Related Associate

Craig M. Bargher

CMN Publishes 2009 Life, Health, Disability Law Survey

By Publications Archives

Chittenden, Murday & Novotny’s article “Recent Developments in Health Insurance, Life Insurance, and Disability Insurance Case Law” was recently published in the Tort Trial and Insurance Practice Law Journal at 44-2 Tort Trial & Ins. Prac. L.J. 473 (Winter 2009).


Related Documents
Recent Developments Article

 

Related Members

William A. Chittenden, III
Elizabeth G. Doolin
Michael B. Galibois
David F. Schmidt
Joseph J. Hasman
Jennifer S. Stegmaier
Joseph R. Jeffery
Julie F. Wall

Related Associates

Craig M. Bargher
Georgia J. Joyce
Stuart F. Primack
Vittorio F. Terrizzi