Brian O'Gallagher & Stacy Fulco Secure Recovery For Retail Client Following Tender Denial


Brian O’Gallagher and Stacy Fulco represented a grocery store that was sued following a gang shooting in the store parking lot which resulted in one dead and another paralyzed. Early in the case, the store tendered its defense and indemnification to the property landlord but the tender was denied.  The landlord then settled out of the case for $40,000.  Following years of litigation and dispositive motion practice, the store settled at the start of trial for $1.3 million.  After the underlying case was settled, we sued the insurance carrier for the landlord on behalf of the store, requesting a declaration of coverage.  Cross-motions for summary judgment were filed and the trial court granted the carrier’s motion and denied the store’s motion.  On appeal, the Illinois Appellate Court reversed the trial court, ruling the insurance carrier had a duty to defend and indemnify under the relevant language of the insurance policy.  A copy of the court’s opinion is attached.