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.

It’s been a while since the infamous Palm II case came down and caused chaos in the Illinois association world. Because it’s been a couple of years, and as we have encountered situations where board members seem to have become lax on following corporate formalities or careful about meeting with other board members outside of formal board meetings, it appears that a quick refresher on the law is in order. Condominium and homeowner associations are not-for-profit corporations that are required to act through their duly elected board via the formalities provided by Illinois law and the Association’s governing documents (Declaration, By-Laws…
Commercial general liability insurance policies typically afford coverage for “personal injury” or “personal and advertising injury,” which is often defined to include “false imprisonment” and “malicious prosecution.” As a result, when local agencies and their employees are sued arising out of a wrongful conviction, they often tender the claims to their CGL carriers. In the next few weeks, we will address a few recent cases that evaluated insurance coverage issues arising out of wrongful conviction issues, including Sanders v. Illinois Union Ins. Co., 2019 IL 124565, — N.E.3d —- (2019), in which the Illinois Supreme Court held that malicious…
On the last day of 2019, the Public Access Counselor (PAC) released its last binding opinion of the year. In PAC Opinion 19-013, the PAC found the City of Bunker Hill in violation of Illinois’s Freedom of Information Act (FOIA) for not providing an audiotape of an apparent gathering of public officials – a meeting of the Committee of the Whole which did not have a quorum but where City business was discussed. The PAC addressed the issue of whether the City violated FOIA by failing to provide a copy of the requested recording of the City’ s September 11,…
A Kentucky federal judge ruled that Shelter Mutual Insurance Company doesn’t have to pay a $4 million judgment against a daycare center director in a child abuse case, finding that coverage is barred by an exclusion in the director’s homeowners policy for business-related claims. In May 2017, a Kentucky jury found the insured, the director of Louisville-based daycare center Kidz University Inc., had negligently failed to supervise staff and comply with child abuse prevention laws, resulting in injuries to two minors attending the program. The minors were awarded a total of $4 million, but Shelter refused to cover the judgment…
In Dish Network Corp. v. Ace American Ins. Co., 2019 WL 7047341, — F.Supp.3d —- (S.D.N.Y. 2019), the court evaluated choice of law and a “media exclusion” to an insurance coverage dispute between Dish Network Corporation (“Dish”) and its insurer with respect to lawsuits arising out of allegations regarding Dish’s “Hopper” product, a digital video recording service whose playback feature skipped advertisements. The court held there was no “conflict of law” and as a result, no need to conduct a choice of law analysis. The court further held that there was no coverage under Dish’s commercial general liability insurance policy…
In Pennsylvania Nat’l Mut. Cas. Ins. Co. v. Jeffers, 2020 WL 502612, — A.3d —- (2020), the Maryland Special Court of Appeals evaluated and applied the continuous trigger and time on the risk allocation rules to a lead poisoning bodily injury claim against a former landlord arising from two women’s exposure to lead while they were children. The court found that each plaintiff’s continuous injury extended from the date of each plaintiff’s birth or first elevated blood-lead level test (even if that occurred prior to exposure to lead at the insured’s property) to the date of each plaintiff’s…
While there has been a huge increase in class action cases based on alleged violations of the Illinois Biometric Information Act (“BIPA”), it has not gone unnoticed that the vast majority of the recent cases are limited to allegations brought by employees against their employers rather than by customers. That is, the case law is developing into two distinct branches: BIPA customer cases and BIPA employment cases. The rapid development of BIPA employment cases is surprising to the extent the Illinois Supreme Court’s decision in Rosenbach v. Six Flags, 2019 IL 123186 (Jan 25, 2019) involved a customer of the Six…
While there has been a huge increase in class action cases based on alleged violations of the Illinois Biometric Information Act (“BIPA”), it has not gone unnoticed that the vast majority of the recent cases are limited to allegations brought by employees against their employers rather than by customers. That is, the case law is developing into two distinct branches: BIPA customer cases and BIPA employment cases. The rapid development of BIPA employment cases is surprising to the extent the Illinois Supreme Court’s decision in Rosenbach v. Six Flags, 2019 IL 123186 (Jan 25, 2019) involved a customer of the…
Now that the January 1, 2020 compliance deadline for the California Consumer Privacy Act (“CCPA”) has passed and the dust has settled, it may be worth taking a look at how a few other changes in California may impact privacy law. More specifically, in the chaos caused by CCPA compliance, several privacy experts have overlooked California’s steps to regulate the Internet of Things (“IoT”). THE INTERNET OF THINGS GETS MORE DANGEROUS While we were all focused on the impeding CCPA deadline, we can be forgiven for missing a recent incident where a Ring security camera was hacked to harass a child…
Now that the January 1, 2020 compliance deadline for the California Consumer Privacy Act (“CCPA”) has passed and the dust has settled, it may be worth taking a look at how a few other changes in California may impact privacy law. More specifically, in the chaos caused by CCPA compliance, several privacy experts have overlooked California’s steps to regulate the Internet of Things (“IoT”). THE INTERNET OF THINGS GETS MORE DANGEROUS While we were all focused on the impeding CCPA deadline, we can be forgiven for missing a recent incident where a “Nest” camera was hacked to harass a child…
Tressler attorneys are speaking at the IAPD/IPRA Soaring to New Heights Conference. Please click here to register. We look forward to seeing you there! January 23-25, 2020 Hyatt Regency Chicago 151 E. Wacker Drive Chicago, Illinois 60601 Conference Website: http://www.ilparksconference.com/ Presentations: Time’s Up – Managing a Harassment-Free Workplace Thumbs Up:  The Fundamentals of Illinois’ Biometric Information Protection Act Coaches and Sexual Assault Claims: What You Need to Do to Protect Your Agency Avoiding Ethical Landmines: What Local Government Leadership Must Know About Ethics Requirements Please contact Tressler attorney Andrew Paine at apaine@tresslerllp.com with any questions.…
Tressler attorneys are speaking at the IAPD/IPRA Soaring to New Heights Conference. Please click here to register. We look forward to seeing you there! January 23-25, 2020 Hyatt Regency Chicago 151 E. Wacker Drive Chicago, Illinois 60601 Conference Website: http://www.ilparksconference.com/ Presentations: Time’s Up – Managing a Harassment-Free Workplace Thumbs Up:  The Fundamentals of Illinois’ Biometric Information Protection Act Coaches and Sexual Assault Claims: What You Need to Do to Protect Your Agency Avoiding Ethical Landmines: What Local Government Leadership Must Know About Ethics Requirements Please contact Tressler attorney Andrew Paine at apaine@tresslerllp.com with any questions.…
Establishing A Collection Policy For Condominium And Common-Interest Community Associations Many condominium and common-interest community associations are faced with a cash-crunch crisis when members fall behind in the payment of their proportionate share of assessments and common expenses.  Associations are businesses, even if not-for-profit, that needs revenue to operate. Thus, it is imperative that Associations remain financially viable by collecting assessments. Assuming the board has confirmed the contents of its governing documents with regard to the payment of assessments and/or common expenses, it is important that each association adopt a collection policy that must be strictly enforced against all members. The board…
Establishing a Collection Policy for Condominium and Common-Interest Community Associations Many condominium and common-interest community associations are faced with a cash-crunch crisis when members fall behind in the payment of their proportionate share of assessments and common expenses.  Associations are businesses, even if not-for-profit, that needs revenue to operate. Thus, it is imperative that Associations remain financially viable by collecting assessments. Assuming the board has confirmed the contents of its governing documents with regard to the payment of assessments and/or common expenses, it is important that each association adopt a collection policy that must be strictly enforced against all members. The board…
The Illinois Biometric Information Protection Act (“BIPA”) has had a significant impact on how employers use timekeeping systems to track employees’ hours at work. Timekeeping systems that allow employees to “clock in” and “clock out” using their thumbprints and fingerprints have become more commonplace. Unfortunately, the courts have not kept up with the technology and employers have found little guidance on how to use this new equipment within the confines of BIPA. As a result of this uncertainty in the law, there is a backlog of cases in Illinois courts involving employers’ use of biometric data. One recent case addresses…
The Illinois Biometric Information Protection Act (“BIPA”) has had a significant impact on how employers use timekeeping systems to track employees’ hours at work. Timekeeping systems that allow employees to “clock in” and “clock out” using their thumbprints and fingerprints have become more commonplace. Unfortunately, the courts have not kept up with the technology and employers have found little guidance on how to use this new equipment within the confines of BIPA. As a result of this uncertainty in the law, there is a backlog of cases in Illinois courts involving employers’ use of biometric data. One recent case addresses…