Clausen Miller Attorneys Achieved Victory for Essex Insurance
February 15, 2007
Clausen Miller attorneys Melinda S. Kollross, Steven N. Novosad and Chip G. Schoneberger made the front page of the Chicago Daily Law Bulletin on Monday, February 12, 2007. Representing Essex Insurance, a summary judgment was obtained and then affirmed on appeal. At issue was O'Hare Auto Recycling's alleged destruction of a sport utility vehicle needed as evidence in a product liability suit. Essex argued that its policy did not cover a spoliation of evidence claim. The victory was getting Illinois court determinations that claims of negligent spoliation of evidence were not covered under a CGL policy. The First District Appellate Court ruled in favor of Essex, determining that this decision should be published in the permanent law records. This case of first impression in Illinois does not appear to have been addressed in many other jurisdictions, and is destined to be cited often in future law.
Essex vs Wright Opinion