Querrey & Harrow's

Illinois Law Manual

(October, 2007)

Editor:
Jennifer Medenwald
Shareholder

This Law Manual was prepared
by the attorneys of
Querrey & Harrow, Ltd.

It is intended for
educational purposes only.
The information contained
herein should not be
construed as legal advice.

©2009 Querrey & Harrow, Ltd.
All rights reserved.
This publication may be considered advertising material under certain state rules of professional conduct.

Chapter I - Civil Procedure

A Service of Process and Jurisdiction

C Statutes of Limitations

E Discovery Rules

F Motion Practice

G Mandatory Court-Annexed Arbitration

H Joint And Several Liability

Chapter II - Negligence

A Elements Of Negligence

B Comparative Negligence

C Loss Of Consortium

D Res Ipsa Loquitur

E Negligent Entrustment

Chapter III - Crossclaims & Third Party Practice

C Equitable Apportionment

Chapter IV - Statutory Causes of Action

A Wrongful Death Act

C Structural Work Act

D Road Construction Injuries Act

E Animal Control Act

F Liquor Control Act (Dram Shop Act)

G The Drug or Alcohol Impaired Minor Responsibility Act

Chapter V - Premises Liability

B Foreign Substances

C Defective Flooring, Stairways & Lighting

D Open And Obvious Conditions

E Landlord's Liability For Injuries On Premises Leased To Tenant

F Landlord's Liability For Injuries Occurring Off Premises

G Landowner Liability For Injured Firefighters

H Construction Negligence

Chapter VI - Other Causes of Action

A Emotional Distress

B Product Liability

C Child Care Liability

D Sporting Activities

E Lead Poisoning & Exposure To Toxic Substances

F Consumer Fraud And Deceptive Business Practices

G Wrongful Eviction

H Governmental Liability And Immunities

I Parental Supervision And Duty To Control Others

J Molestation-Sexual Harassment

Chapter VII - Intentional Torts & Defamation

A Assault/Battery

B False Imprisonment

C Malicious Prosecution

D Libel/Slander (Defamation)

E Punitive Damages

Chapter VIII - Vicarious Liability

A Master/Servant - Respondeat Superior

B Civil Conspiracy and Concert of Action

C Homeowners' Associations - Condominiums

Chapter IX - Special Defenses

A Assumption of Risk

C Mitigation of Damages

D Limitation on Recovery

E Intra-Family Tort Immunity

Chapter X - Settlements & Releases

A Enforcing Settlement Agreements

B Costs, Attorney Fees and Interest

C Settlements Involving Minors, Incompetents, or Estates (Probate of Claims)

D Finality of Releases/Dismissal Orders

E Dismissal Without Prejudice

F Res Judicata/Collateral Estoppel

G Physician and Hospital Liens

H Attorney Liens

Chapter XI - Insurance Coverage and Defenses

A The Insuring Agreement

B The Duties Of The Insured To Cooperate And Report A Claim

C Policy Lapse Due To Nonpayment Of Premium

D Duties Of The Insurer To Defend And Indemnify

E Concurrent Causation

F Definitions--Bodily Injury, Property Damage Personal Injury Occurrence And Insured (Resident Relative)

G Additional Insured Endorsements And Tender Of Defense

H Conflicts Of Interest

I Uninsured-Underinsured Motorist Coverage

J Primary vs. Excess Insurance Coverage

Chapter XII - Exclusions to Coverage

A Automobile/Motor Vehicle

B Intentional Act Exclusion

C Completed Operations/Products

D Business Pursuits Exclusion

E Aircraft Exclusion

F Watercraft Exclusion

G Pollution Exclusion

H Professional Service Exclusion

I Waiver/Estoppel & Reservation Of Rights

J Coverage For Punitive Damages

K Care, Custody, Or Control Exclusion

L Family Or Household Exclusion

M Named Driver Exclusion

Chapter XIII - Bad Faith - Extra Contractual Liability

A Excess Judgments In Third Party Claims

B Section 155 Of The Illinois Insurance Code - First Party Claims

Chapter XIV - Damages

A Personal Injury

B Considerations In Assessing Damages

C Loss Of Consortium Damages

D Loss Of Society And Companionship

E Family Expense Statute

Chapter XV - Amended Supreme Court Rule 213

A Amended Rule 213

B Committee Comments

C Rule 213 And Cases Governed By Rule 222

D Conclusion: When In Doubt, Disclose It

Chapter XVI - Common Carriers

B Duties Of Common Carriers

C Negligence And Proximate Cause

D Statute Of Limitations For Municipal Corporations Acting As Common Carriers

Chapter XVII - Employment Law

A Employment At Will

B Retaliatory Discharge

C Illinois Human Rights Act

D Federal Laws Affecting Illinois Employers

E Procedural Mechanisms In The IDHR And The EEOC

F Wage and Hour Requirements