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On November 17, Daniel Cray participated in a panel discussion entitled, “The Reptile Theory – Cutting off the Head of the Snake:  How the Defense Can Effectively Combat Plaintiffs’ Reptile Tactics in Litigation” at the Chicagoland Healthcare Risk Management Society’s (CHRMS) Law Day.

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Hastings Mut. Ins. Co. v. Blinderman Constr. Co., Inc. et al., 2017 IL App (1st) 162234. This additional insured coverage dispute addresses whether a subcontractor’s insurer has a duty to defend the general contractor-additional insured where the underlying complaint contains no allegations of negligence against the subcontractor.

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On October 17, Aimee Lipkis presented “Typical Surgical Malpractice Cases:  A Case Review” to third-year surgical residents at St. Joseph’s Hospital in Chicago.

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Pekin Ins. Co. v. Lexington Station, LLC, 2017 IL App (1st) 163284. This case is the latest in a series of cases from the First District Illinois appellate court to address the issue of the scope of additional insured insurance coverage. The case involves the typical fact situation where an employee of a downstream contractor is injured and sues the owner or general contractor, which in turn seeks coverage under the downstream contractor’s general liability insurance policy as an additional insured.  The appellate court held, as it has in a series of recent cases, that the downstream contractor was potentially vicariously liable even though the contractor was not named as a defendant in the underlying lawsuit and the injured plaintiff did not allege negligence against it.