Insurance Defense Attorney – Insurance Defense Attorneys

Challenge to Extrinsic Evidence Filed before Illinois Supreme Court

By Daniel P. Costello, Esq. What can be considered when evaluating whether an insurance company owes a duty to defend? Our firm recently asked this question to the Illinois Supreme Court in an appeal submitted this month. Unfortunately, the answer to that question just became a lot murkier. Historically, a carrier’s duty to defend was triggered by allegations within the plaintiff’s complaint and the four corners of the policy, which determined whether this was a covered loss or if the insured’s conduct fell outside the policy’s coverage. However, in the aftermath of Pekin v. Wilson, it is now unclear what a court ...

March Newsletter: Spoliation & Expert Pilot Program

Each month we try to highlight a key case or concept that impacts our clients and litigation in Illinois. This month, I just could not help myself as there were two key items in the litigation arena which we believe directly impact our clients. Although I have exercised the virtue of brevity here, feel free to learn more at our blog at www.costellolegal.com Spoliation and the Duty to Defend One of the key areas of litigation that continues to expand is spoliation of evidence. As this area of law develops many questions are still unanswered. When the insured destroys a piece of evidence, ...

Defendants Can Argue Liability Against Settled Defendants

Illinois Supreme Court Finds That Defendants Can Argue Liability Against Settled Defendants. by Daniel P. Costello, Esq. Shortly before the end of 2008, the Illinois Supreme Court in Ready v. United issued what at the time was the most significant change to the law on jury instructions in Illinois. Terry E. Ready v. United/Goedecke Services Inc., et al., No. 103474. We have been following this case since the cold months of December, and in the days just before the July 4th holiday, the 1st District Illinois Appellate court has again heated up the debate on the state of the law in Illinois on ...

Pitfalls and Problems with Additional Insured Coverage

By Daniel P. Costello, Esq. Illinois is one of the few states that allows a defendant, sued by an employee of another entity, to bring a third-party action against the plaintiff's employer for contribution. See 820 Ill. Comp. Stat. 305/5(b). The employer's potential liability, however, is limited to an amount not greater than the benefits payable under workers' compensation. Kotecki v. Cyclops Welding Corp. , 146 Ill.2d 155, 165, 585 N.E.2d 1023, 1027-28 (1992). This limitation is known as the " Kotecki cap." Its purpose is to strike a balance between the competing interests of the employer in limiting liability through participation ...

Alternative Fee Arrangements

By Daniel P. Costello, Esq. While readers of this newsletter may know that alternative fee arrangements (AFA) are nothing new, interest in AFAs has dramatically increased. In the current economic climate, providing financial certainty and value to a client is more important than ever. An April 2009 survey conducted by the Association of Corporate Counsel found that 77 percent of its members would like to consider alternative billing arrangements in work handled by outside counsel. The upcoming Counsel on Litigation Management meeting, at which I will present, has made the “The Defense Dollar”-Enhancing Efficiencies and Cost the center piece. There are no ...

Construction and Complex Litigation Attorneys

Why Are We a Different Type of Law Firm?
We Know the Needs of Business; We’ve Been There.

As a premier solution provider, Daniel P. Costello & Associates, LLC
concentrates in complex litigation management, defense litigation, and
construction litigation. We have been on the other side of the table working in the business world challenging the competing concerns of quality, efficiency, and cost. Few other law firms sport a former officer of
a Fortune 500 company as their managing partner, giving business
perspective to each client matter. Thus, when we claim we know business,
we have the experience to prove it.

Additionally, the firm prides itself on offering litigation management
solutions to public companies and insurance companies throughout the
United States. Mr. Costello has been featured as an expert in litigation
management at national conferences, publications, and industry groups.
Thus, our experience as litigation management experts enables us to provide
interdisciplinary services to legally intensive and highly regulated industries.
Our structure allows us to bring talent and experience to bear on matters
pursued throughout the nation, promoting communication, and providing
for efficient project management.

We Don’t Talk Results – We Show Them

We share in the interest of many clients in managing their legal
budgets in a transparent and predictable model. Thus, certainty is the key to
our successful partnerships with our clients. We lead the industry with
litigation management and fee structures that not only define the best
practices, but are constantly shaping them into the future. The firm utilizes a
litany of alternative fee agreements that is confined only by the needs of the
business and your imagination. We have been a market leader in advocating
change that creates unrivaled value for our clients. No matter the nature of
the billing arrangements, Daniel P. Costello & Associates, LLC will always
provide customized metrics which tracks the efficiency, quality, and value to
those we serve.

Meeting Client Needs

We work to build a strong cohesive relationship with each client. We aim to
understand the objectives of the client so that we can best service your
business and legal needs. Full service to us means servicing your corporate
legal department, underwriting, and claims with business goals front and
center. Thus, we pride ourselves on not only the value of the legal work that
we provide, but the vast array of value added services which help our clients
become market leaders in their own right.

Insurance Defense Attorney - Insurance Defense Attorneys