Latest Articles

Don’t miss us at the Chicagoland Property Management, Condo & HOA Expo on September 26, 2019. Tressler will be speaking and exhibiting! We will be presenting The Litigious Nature of Today’s Unit Owner. This is a presentation that you don’t want to miss as we’ve noticed it has been a hot topic in today’s legal news and is an all too common issue. Make sure to use VIP code Tressler2019 to receive complimentary meals, parking and seminars. Please visit this link for more information: http://www.chicagolandpmexpo.com/. [See our recent blog post on where we successfully obtained full insurance compensation for a client…
Attorney Katerina Tsoukalas-Heitkemper received a successful result for her condominium association client after an extensive four-month forensic investigation led by Kathy (with the assistance of her HOA law team and client) revealed that the Association’s former employee, a licensed on-site community association manager, had committed multiple acts of theft and employee dishonesty over a four year time-frame resulting in a financial loss to the Association in excess of $150,000.  A newly elected Board President asking lots of important questions at the beginning of her term churned up information that did not seem to “add up”.  This initial inquiry and the…
Tressler attorney Katerina Tsoukalas-Heitkemper received a successful result for her condominium association client and its property management company after an 18-month investigation by the Illinois Department of Human Rights (“IDHR”). The IDHR dismissed the familial status discrimination complaint after its lengthy investigation, finding that the Association had consistently and uniformly enforced its covenants while providing its owners with due process and that the owner’s allegations were not substantiated by sufficient evidence. While the IDHR complaint itself is not available for public dissemination, below is a brief recap of the matter: The Association commenced violation proceedings against one of its owners…
On December 18, 2018, the Federal Commission on School Safety (“Commission”) released its 180-page Final Report of the Federal Commission on School Safety (“Report”) that identifies 93 best practices and policies for improving school safety across the nation.  Approximately nine months ago, the Trump Administration created the Commission in the wake of the school shooting at Marjory Stoneman Douglas High School in Parkland, Florida, and tasked it with producing research-based recommendations to prevent such future tragedies.  Members of the Commission included representatives from the U.S. Department of Education, the U.S. Department of Justice, the U.S. Department of Health and Human…
Tressler LLP is happy to welcome Christine Walczak as a new associate in our Local Government Practice Group. She counsels municipalities, park districts, school districts and other governmental entities on various matters, including: legislative policy, zoning and land use, real estate transactions, licensing, personnel policies and compliance with the Illinois Freedom of Information Act (FOIA) and Open Meetings Act (OMA). She has experience drafting and negotiating real estate contracts, leases, permits, licenses, vendor contracts, easements and intergovernmental agreements. Christine also has experience counseling private corporations in general corporate matters, contract review and negotiations. “I am thrilled to join Tressler LLP’s…
The Association of Condominium, Townhouse, and Homeowners Associations (ACTHA) is hosting a free seminar on November 15th. Tressler attorney Kathryn Formeller will be discussing how to do what is right for your Association in foreclosures and collection of delinquent assessments. Join us to learn the latest in collection best practices and get your questions answered by an experienced attorney. We hope to see you there! When November 15, 2018 7:00 PM – 9:00 PM Where Tahoe Village Townhome Association 1771 Tahoe Circle Drive, Wheeling, IL 60090 Click Here to Register! Registration Details: About Kathyrn A. Formeller Kat is a partner…
Tressler attorney and Chair of the Condominium & Common Interest Community Association Law practice, Kathryn Formeller, was recently featured in an article titled “Associations Must Prepare Policy for Resolving Complaints” by Pamela Dittmer McKuen of the Chicago Tribune. Click here to read the article. Kathryn regularly represents condominium associations as creditors in both Chapter 7 and Chapter 13 bankruptcy proceedings seeking to modify the automatic stay so that they can pursue their state court remedies.  Kat is the lead attorney for the Condominium & Common Interest Community Association Law practice. Her practice includes representing condominium associations and common interest community…
Reginald Cloyd III is an associate in the Commercial Litigation and Business Disputes Practice Group. Reggie has a broad range of experience representing individual and corporate clients in complex litigation matters, insurance coverage, local government and homeowner association matters. He has advised and defended clients with respect to claims for breach of contract, consumer fraud, negligence, and other torts. Reggie has also worked on intellectual property, bankruptcy, and trust and estate matters. He has experience in all phases of litigation, including drafting and responding to discovery, arguing dispositive motions, and participating in settlement conferences. Reggie received his J.D. from the…
Jennifer Perdigao is a partner in Tressler’s insurance practice. Her practice includes insurance coverage and defense as well as non-insurance advisory matters. Jennifer’s insurance coverage experience includes insurance coverage analysis and insurance litigation involving commercial general liability, aviation operations, personal and advertising injury, construction defects, environmental coverage, and professional lines. Jennifer’s defense litigation experience involves a wide range of matters including the defense of wrongful death, personal injury and property damage claims arising out of premises, aviation accidents, airport operations, motor vehicle accidents and products liability. Outside of her legal career, Jennifer is a licensed pilot and enjoys helping young women…
Aon Hussain is an associate in the Insurance Practice.  He represents insurers in litigation and non-litigation matters related to commercial general liability coverage, first party property coverage, and excess/umbrella liability coverage.  Many of his cases require the defense of common law and statutory bad faith claims. His practice areas include Litigation, Insurance, Claims Handling & Extracontractual Liability, Commercial Litigation, Coverage Analysis, First Party Property, and Insurance Consulting. He received his J.D. from Chicago-Kent College of Law with Cum Laude honors and currently works out of Tressler’s Chicago office. Where are you from? I grew up in a suburb just north…
The United States District Court for the Middle District of Pennsylvania recently denied an insurer’s motion to sever and stay plaintiff’s bad faith claim from its breach of contract claim, finding that the convenience of the parties and judicial economy weighed against severance.  Further, it rejected the insurer’s argument that the resolution of the breach of contract claim would moot the bad faith claims. The plaintiff was a passenger in a vehicle that was struck by another vehicle, which caused plaintiff to suffer serious and permanent injuries.  Plaintiff resolved her claim against the driver of the other vehicle, and sued…
In Richard Igartua v. Mid-Century Insurance Co., No. 2:216-cv-00849-JAD-CWH (D. Nev. June 28, 2017), the District Court granted summary judgment to an insurer as to claims of bad faith, unfair claims practices and breach of contract, while methodically presenting a timeline of a well-handled claim. The plaintiff was injured when the tow-truck he was driving was rear-ended by another driver.  The insurer for the other driver paid him its policy limits of $25,000.  He then turned to his employer’s insurer to cover remaining expenses and damages related to the accident.  The investigation, including demands and counter-offers, went on for…
In Manu v. GEICO Casualty Company, No. 160852, 2017 WL 1511791 (Va. Apr. 27, 2017), the Supreme Court of Virginia provided guidance on the scope of an uninsured motorist (UM) carrier’s bad faith exposure. The plaintiff sustained more than $33,000 in damages after a multi-car accident.  Discovery obtained in plaintiff’s subsequent civil suit indicated that “John Doe,” the uninsured driver of another vehicle, caused the accident.  Plaintiff tendered to his UM carrier, and advised that he intended to seek his limits of $25,000.  The carrier defended “John Doe” in plaintiff’s civil suit.  Prior to trial, the UM carrier rejected plaintiff’s…
Washington’s Insurance Fair Conduct Act (IFCA) allows insureds to sue their insurers for an unreasonable denial of coverage or benefits, and recover triple damages if the insurer acts unreasonably or violates certain regulations. On February 2, 2017, the Washington Supreme Court ruled in Perez-Crisantos v. State Farm Fire & Cas. Co. that violation of IFCA regulations alone is not actionable as an independent cause of action. The insurer denied a first-party underinsured motorist (UIM) claim on the grounds that the insured sought benefits for excessive chiropractic treatment and a surgery that was unrelated to the injuries sustained in the…
In Joseph Shaheen v. Progressive Casualty Ins. Co., the 6th Circuit U.S. Court of Appeals determined that the insurer’s conduct did not satisfy the threshold standard for bad faith claims under Kentucky law. In 2005, the insured, while intoxicated, struck and killed a pedestrian in a “hit and run.” After his arrest, the insured claimed he was not driving the vehicle on the night in question. Plaintiff pursued a civil action against the insured, the insured’s fraternity, the insured’s fraternity brothers and the bar where the insured had been drinking before the drunk-driving hit and run. After the insured…