INSIGHTS

The regular exchange of ideas is a significant part of our culture at the firm. We’re always sharing news articles and strategies as well as personal stories with each other. This is the sort of thing you’d overhear if you spent a few days with us at Goodman law Group | Chicago.

GLG’s Precedent-Setting LEG3 Insurance Coverage Victory: One Year Later

A little more than a year has passed since Goodman Law Group | Chicago secured a major victory for policyholders in the construction industry in South Capitol Bridgebuilders v. Lexington Insurance Company (SCB). In SCB, a federal court in Washington, DC, issued the first reported decision concerning the meaning of the so-called LEG3 endorsement (a type of “Cost of Making Good” endorsement), finding that it provides coverage for the costs incurred to repair damage to construction projects resulting from a contractor’s design, workmanship, or faulty materials. Prior to

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Never Shy Away from the Facts

Never Shy Away from the Facts: Lessons Learned from the Space Shuttle Challenger Disaster

Thirty-eight years after the January 1986 Space Shuttle Challenger disaster, it remains an event seared into the memories of people of my vintage. I can tell you where I was when I heard the shocking news and saw the shuttle break apart 70 seconds into flight. That ill-fated Challenger mission included star astronaut Christa McAuliffe, who was to teach lessons to kids across the United States from space. But tragedy interceded, and the outcome showed us what can happen when we let optimism, rather than the facts, drive

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Frederick Douglass Bridge, Washington, DC

Webinar Recording: The World’s First LEG3 Court Decision and What It Means for the Builders Risk Insurance Market

I recently joined David Pryce, a Senior Partner at UK-based Fenchurch Law, for a lively discussion of GLG’s precedent-setting insurance coverage case, South Capitol Bridgebuilders v. Lexington Insurance Company. This victory on behalf of our policyholder client was the first-ever court decision to address the London Engineering Group’s LEG3 endorsement found in many builders risk policies, confirming that the popular endorsement provides coverage for physical damage caused by the insured’s defective workmanship, design, or materials. During the webinar, David Pryce and I talked through several issues related to

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Mediation Strategy: Selecting the Best Mode of Mediation and Type of Mediator

Mediation is now a critical part of virtually every business dispute. In fact, the ABA’s recent Tort Trial & Insurance Practice Section Conference dedicated two sessions to the topic. A common theme in each presentation was the important role that pre-work plays in the potential success of the mediation. There are many ways to approach mediation—from a “double blind” model to a more direct method in which the parties interact with each other. The merits of each will vary depending on the parties involved and the details of

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General Contractors Beware: Five Reasons Your Insurance Claim May Be Denied

General contractors buy insurance and enter into indemnity agreements with subcontractors to control the risk associated with their projects. Based on our experience fighting for policyholders, we’ve identified five reasons an insurer might deny your claim, along with steps you can take to help make sure you get the full benefit of your risk-shifting agreements. Untimely Notice: Why Give the Insurer an Excuse to Deny Your Claim? It hurts to be invited late to the party. The same is true when you’re inviting your insurer to the litigation

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How to Secure Coverage for a Biometric Privacy Lawsuit

As most business owners know by now, tools that record, report, and store data related to a person’s unique physical characteristics, including palmprints and fingerprints, voiceprints, and facial, retinal, or iris measurements, have come under the scrutiny of state lawmakers seeking to prevent private entities from collecting biometric information without disclosure and consent. While protecting data privacy is a noble intention, these laws have spawned a substantial number of class action lawsuits, creating some significant challenges for employers and businesses that collect biometric information from customers. Unfortunately, many well-intentioned business

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Get Out Your Dictionaries to Get the Full Insurance Coverage You Bought

Over the past couple of years, many businesses have found themselves defending against class action lawsuits asserting claims under Illinois’ Biometric Information Privacy Act (“BIPA”). BIPA regulates the use and transmission of biometric information such as handprints. Many businesses use biometric information for employment purposes such as time-keeping or security, as well as for various consumer uses. A BIPA claim, at its core, complains of injury caused by a violation of a person’s right of privacy. The Comprehensive General Liability insurance policies purchased by businesses generally provide coverage

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Let’s Not Return to the Old “Normal”

It is safe to say that virtual coffees and cocktails are inadequate substitutes for the real thing, and we cannot wait to resume in-person meetings. But serving clients remotely throughout the pandemic has challenged us to adopt new tools and approaches, some of which have improved the process of serving our clients. When we retire our covid couture (aka sweatpants), let’s not lose sight of the lessons learned over the last year. Here are some of the changes we hope to make permanent: Virtual Meetings Conducting necessary meetings

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Effective Advocacy

As an attorney who regularly represents clients in high-stakes litigation, my clients look to me to argue their cases. Clients generally perceive advocacy as argument. But in my 31 years as a trial lawyer, I have learned that careful listening is the key to effective argument. The starting point is listening and learning from the client about her concerns and objectives. Effective advocacy also requires listening — and, critically, hearing — the other side. The focus should not be on the fight but, rather, on the resolution. Organizational

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