Tressler LLP

Tressler LLP is a national law firm headquartered in Chicago, with eight offices located in five states - California, Illinois, New Jersey, New York and Pennsylvania. Tressler is comprised primarily of attorneys who devote their practice to the representation of the insurance industry in coverage analysis and resolution, litigation, underwriting consultation, product development, defense, claims management and reinsurance.

Tressler attorneys also represent clients in commercial litigation, employment, corporate transactions and intellectual property law. Tressler has one of the most experienced and multi-faceted government law practices in Illinois.

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…
In Illinois Tool Works, Inc. v. Ace Specialty Ins. Co., 2019 IL App (1st) 181945, the Illinois Appellate Court upheld the lower court’s grant of partial summary judgment to two insurance companies holding that the insurers had no duty to defend an insured in a pre-suit mediation of environmental contamination claims as said claims did not constitute a “suit” within meaning of the applicable commercial general liability (“CGL”) policy. On appeal, the court also distinguished the case from its 1997 holding in Benoy Motor Sales, Inc. v. Universal Underwriters Ins. Co., 287 Ill. App. 3d 942 (1st
Change To The Open Meetings Act Exemption Regarding Employment The Governor recently signed an amendment to the Open Meetings Act into law effective immediately. 5 ILCS 120/2(c). The law had allowed public bodies to go into closed session to discuss the appointment, employment, compensation, discipline, performance or dismissal of specific employees.  The amendment now extends that not only to employees of a public body but also those specific individuals who serve as independent contractors in a park, recreational or educational setting or specific volunteers of the public body.  Boards should be reminded that this exemption does not permit generic discussions…
The Tort Immunity Act is a useful tool for all public entities. Plaintiff attorneys who do not understand its impact often fail to understand that mere negligence is insufficient under the Act. Willful and wanton conduct is the standard for liability in most instances. The following case demonstrates that calling something willful and wanton does not make it so. Samantha Biancorosso, a sixth-grade student at Troy Community Consolidated School District No. 30C, was injured during cheerleading practice while attempting a stunt. The stunt involved Samantha, acting as a “flyer,” standing above the squad while other cheerleaders acted as a base,…
In Navigators Ins. Co. v. American Home Assurance Co., 2019 WL 2583253, — S.W.3d —- (Mo. Ct. App. 2019), the Missouri Court of Appeals held that a commercial general liability insurance policy provided no coverage for claims that an electrical cooperative wrongfully installed fiber optic cable on electrical transmission easements. The court held that there was no “property damage” coverage because the use of the easement did not involve tangible property damage and there was no “personal and advertising injury” coverage because the electrical cooperative was not the “owner” of the property on which it was alleged to…
The Illinois statute found at 105 ILCS 5/10-20.19c imposes certain requirements on Illinois school districts regarding recycled paper and paper products and solid waste management (“School Recycled Paper and Solid Waste Reduction Law”), with an apparently significant deadline approaching in mid-2020. Section (a-5) of the statute provides that: Each school district must periodically review its procurement procedures and specifications regarding the purchase of products and supplies; Those procedures and specifications must be modified to require the school district to seek out products and supplies that contain recycled materials and to ensure that purchased product and supplies are reusable, durable or…
In Sterngold Dental, LLC v. HDI Global Insurance Company, ___ F.3d___, 2019 WL 2754185 (1st Cir. 2019), the First Circuit was presented the opportunity to address how to construe “the scope of the so-called intellectual property exclusion (IP exclusion) to the personal and advertising injury coverage under a standard commercial general liability policy (the Policy).” Sterngold manufactures and sells dental products. The Policy obtained by Sterngold by HDI Global Insurance Company (“HDI”) obligated HDI to defend and indemnify Sterngold against claims for damages because of “personal and advertising injury,” and contains the IP exclusion, which excluded coverage for…
There is little dispute that the Illinois Biometric Information Protection Act (“BIPA”) is a unique privacy law to the extent that it creates a private cause of action for any failures to notify individuals before their biometric information is collected and stored. That is, BIPA potentially creates a liability regardless of whether there was a breach of private information. Further complicating matters is the fact that many data collectors that qualify as “financial institutions” or “local and state governments” are exempted from BIPA. A recent motion to dismiss filed by New Albertson’s, Inc. (“Albertson’s), a defendant named in a BIPA…
In Penn National Mutual Casualty Insurance Company v. Beach Mart, Inc., — F.3d —-, 2019 WL 3483167  (4th Circ. Aug. 1, 2019) (North Carolina law), the Fourth Circuit Court of Appeals reversed and remanded a decision of the United States District Court for the Eastern District of North Carolina which found that an insurer’s exclusion precluding coverage for injuries arising out of oral or written publication of material whose first publication took place before the beginning of the policy period abrogated that insurer’s duty to defend its insured in a dispute with a competitor purveyor of beach merchandise.…
The Illinois Equal Pay Act of 2003 (EPA) already prohibits employers from paying unequal wages to men and women for doing the same or substantially similar work. (820 ILCS 112/1 et seq.) It also prohibits employers from paying African American employees less than other employees under the same circumstances. On September 29, 2019, Illinois will join a short list of progressive states when a recent amendment to the EPA goes into effect to prohibit employers from asking job applicants about their salary history. (Public Act 101-0177.) Broad Prohibitions In The New EPA It will prohibit all Illinois employers from: Using…
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…
In a surprisingly cutting-edge move, the State of Illinois has enacted the Artificial Intelligence Video Interview Act.  Public Act 101-260 becomes effective January 1, 2020. An employer seeking to record video interviews and use artificial intelligence to analyze job applicant videos must, before the interview, 1) notify each applicant that artificial intelligence may be used to analyze the applicant’s video interview and consider the applicant’s fitness for the position; and 2) provide the applicant with information of how the artificial intelligence works and what characteristics it uses to evaluate applicants; and 3) obtain consent from the applicant to so evaluated.…
UPDATE: The Third Circuit recently affirmed the United States District Court for the Eastern District of Pennsylvania in Transportation Ins. Co v. Heathland Hosp. Group LLC, — Fed. Appx. —-, 2019 WL 3383876, at *1 (3d Cir. July 26, 2019), a case which we wrote about last year.  Transportation arose out of a car accident in which the plaintiff’s husband was fatally injured when he was struck by a driver who allegedly became intoxicated at a country club whose drink sales were allegedly managed by the insured. The dispositive issue was whether coverage was barred by liquor liability exclusion,…
As the number of lawsuits based on claimed violations of the Illinois Biometric Information Protection Act (“BIPA”) increase, litigants have struggled to find guidance from the courts on this new area of law. The Ninth Circuit’s August 8, 2019 decision in Patel v. Facebook, Inc., No. 18-15982 (August 8, 2019) provides slightly more guidance. In Facebook, the Ninth Circuit affirmed the district court’s finding that allegations related to Facebook’s use and storage of “face templates” may violate BIPA. The Ninth Circuit focused on whether the plaintiff’s allegations constitute a concrete and particularized harm sufficient to confer Article III standing under…
In Pennsylvania Manufacturers Indem. Co. v. Pottstown Industrial Complex, LP, 2019 WL 3281746, — A.3d —- (Pa. Super. Ct. July 22, 2019), the Pennsylvania Superior Court held an insurer owed a duty to defend its insured against a tenant’s claim for damage to its inventory from flooding during rainstorms as a result of the insured’s alleged failure to maintain the roof of the building.  Distinguishing well-established Pennsylvania law holding claims for faulty workmanship do not constitute an “occurrence,” the court held the insurer owed a duty to defend because the complaint alleged the insured’s faulty work resulted in…
It is a widely held concept that the US is a “litigious society.” Therefore, it is unsurprising that litigation by Unit Owners against condominium and homeowners associations are not uncommon. These suits can range from allegations of breach of fiduciary claims to property damage claims or personal injury claims to allegations of negligence. Regardless of whether or not Unit Owner claims are meritless, association boards find themselves having to expend resources defending against these claims. Even in situations where associations are not sued, they may also find themselves having to expend resources in order to comply with recent case law…