Clausen Miller Appellate and Subrogation Groups Team Up for Appellate Victory, Upholding Big Summary Judgment Win
The Clausen Miller Appellate Practice and Subrogation Groups teamed up for an appellate victory in the Illinois Appellate First District in Travelers Property Casualty Company of America v. Arcelormittal USA Inc. As previously reported, Clausen partner Greg Aimonette and Ken Wysocki won a hard-fought summary judgment battle below, obtaining a subrogation recovery for Travelers for the entirety of the hundreds of thousands of dollars it paid to an insured for a tractor that was badly damaged in a fire while being operated by defendant. This rare result of an insurer plaintiff’s summary judgment on both liability and damages was upheld by the combined forces of Clausen Miller’s Appellate and Subrogation Groups on appeal. On appeal, defendant Arcelormittal tried to apply subrogation waiver language in its contract with the insured to avoid Arcerlormittal’s contractual responsibility to pay for damage to tractors under its care and use. Appellate Practice Group partner Joseph Ferrini and subrogation attorney Ken Wysocki successfully argued that the subrogation waiver language cited did not encompass the type of insurance policy under which payment to the insured had been made. They also beat back damages arguments that Arcelormittal tried to raise for the first time on appeal.