Recent News & Events
- Presentation - Jeffrey J. Asperger: “A Pragmatic Approach to Technology”
IIT Chicago-Kent College of Law - March 7, 2008, Chicago, IL
- Presentation - Jeffrey J. Asperger: “The Evolution of Builder’s Risk”
Zurich Insurance Company Large Loss Underwriting Meeting - Feb. 27, 2008, Schaumburg, IL
- John Liner Review Publishes Builder's Risk: Inland Marine or Property Insurance?
The John Liner Review, Winter 2008
- Jeffrey J. Asperger Named to Illinois Super Lawyers List
Super Lawyers 2008 Edition
- Families of Victims Sue in Fatal Crash
Chicago Tribune, February 9, 2008
- Role Change - An Arizona Court Clarifies Inland Marine's Growing Influence in Builder's Risk
Best's Review, January 2008
- $11.5 million settlement in Eternity Shipping and Eurocarriers v. Tate & Lyle
November 2007
- $39.5 million jury verdict in John Deere & Co., Royal Indemnity, et al v. FM Global, et al. makes Top 100 List for 2007
National Law Journal, May 2007
Insurance Journal, May 14, 2007
- Landmark appellate decision in Liberty Ins. Underwriters, Inc. v. The Weitz Company, LLC
March 2007
- $1.26 Million Settlement Reached in Girl's Fatal Crash
Chicago Tribune, March 16, 2007
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John Liner Review Publishes Builder Risk: Inland Marine or Property Insurance? by William J. Warfel & Jeffrey J. Asperger
Winter 2008
"A builders risk and installation form provides coverage for exposure to loss faced by a general contractor while in the process of erecting a structure. Whether such a form constitutes a property or inland marine policy can have an important impact on coverage, as discussed in detail in a landmark case, Liberty Insurance Underwriters v. The Weitz Company, LLC, et al. This article examines Weitz and its implications."
Read the rest of the article in the Winter 2008 edition of the John Liner Review. |
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Role Change: Best's Review Publishes an Article by Jeffrey J. Asperger About Builder's Risk Insurance
January, 2008
"When does a construction project become a building? At what point is a brick, a board or an I-beam part of an insurable structure, and no longer material in transit?
More specifically, is a builder's risk policy - written for a dormitory that burns down in the middle of the Arizona desert - exempt from the requirements of the Arizona Standard Fire Policy because the builder actually held a form of inland marine insurance?
An important decision by the Arizona Court of Appeals holds the answers while also recognizing the growing importance of inland marine insurance as an effective risk management tool."
Read the rest of the article in the January 2008 edition of Best's Review or online at http://www.bestreview.com |
$11.5 million settlement in maritime case on behalf of Tate & Lyle and its insurer. Settlement included prejudgment interest as well as 100% of all damages as a result of the parting of a wire on plaintiff's ship's crane causing the crane to collapse onto Tate & Lyle's shoreside crane which was discharging sugar.
Plaintiffs filed this limitation action seeking, under maritime law, to limit their liability to the value of the vessel and her cargo or approximately $5.3 million. Tate & Lyle asserted that plaintiffs had privity and knowledge of the damaged condition of the wire and that the limit switch, which prevents the crane from being raised too high, was overriden to allow the crew to clean the hatches. The crane was raised to near ninety degrees at the time of the catastrophe.
To read more click here: Law Bulletin Verdict Reporter |
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John Deere & Co., Royal Indemnity, et al v. FM Global, et al.
May 2007
Verdict makes Top 100 List for 2007 as published by the National Law Journal.
$39.5 million jury verdict (record in the State of Iowa), and additional confidential pretrial settlements, in suit against FM Global, Deere's insurance carrier for breach of contract based on an inadequate inspection of Deere's warehouse facility.
In late 2000, Deere consolidated its warehousing facilities into a former Caterpillar plant. Prior to the consolidation, FM Global inspected the facility for adequate fire protection and recommended that Deere begin to move its products into the warehouse. A fire of undetermined origin began in the building several months later and firefighters could not battle the blaze because the fire protection system failed and they had inadequate water. |
Liberty Ins. Underwriters, Inc. v. The Weitz Company, LLC
March 2007
Landmark appellate decision construing Builder's Risk coverage in a multimillion dollar first party dispute involving Arizona State University, General Contractor and multiple subcontractors. Appellate Court reversed trial court's ruling that endorsements to the policy requiring certain safety precautions were invalid because the policy did not conform to the Arizona Standard Fire Policy. On appeal, the court ruled that the policy was an Inland Marine policy and therefore not subject to the terms of the Standard Fire Policy.
Prior to litigation, the parties entered a unique agreement whereby the carrier and contractors funded the reconstruction of the building with an agreement that the funds would be redistributed based on the court's decision as to coverage. The case is highlighted in the January 2008 edition of Best's Review. |
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Scardullo v. Ferellgas and Green Garden Township
March 2007
$1,260,000.00 settlement by the family of seven year old girl who was killed in a two-car collision at an uncontrolled intersection of Green Garden Township. The lawsuit alleged that Green Garden had negligently failed to ensure that the uncontrolled intersection was safe following a history of crashes, including a previous fatality. The County had issued a resolution reducing the speed limit in the area, but Green Garden failed to install the signs until after this tragedy.
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