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Lauren Tuckey and Ed Murphy won a summary judgment motion in a Cook County breach of contract suit brought against a Lipe Lyons client, a janitorial service, by a grocery store chain with whom it had a contract for floor cleaning services. The plaintiff-store alleged that the defendant-janitorial service had breached its contractual duty to defend and indemnify plaintiff for the cost of defending a previous premises liability suit in which both the store and the service were defendants. The plaintiff also alleged that the defendant failed to procure proper insurance for the store as required by the contract. The court granted the defendant’s motion for summary judgment on the basis that it did not owe a duty to defend the claim against the store because the underlying complaint alleged independent acts of negligence by store employees which did not arise out of the defendant’s negligence. The court also entered summary judgment for the defendant on a second count, alleging failure to procure insurance, because the defendant had purchased an insurance policy which covered the store as an additional insured and the carrier had refused to defend on the basis of the allegations of the complaint in the underlying premises liability case. The circuit court also denied the cross motion for summary judgment filed by the plaintiff. The plaintiff has filed a notice of appeal.

About Lipe Lyons Murphy Nahrstadt & Pontikis, Ltd.

Lipe Lyons Murphy Nahrstadt & Pontikis was founded after the five name partners, with decades of experience, departed from their former firm together in order to better serve their long-standing clients.  A testament to the relationships that the firm builds with each of its clients, the firm and its clients work in partnership to maximize the value afforded to each client.  This dedication to client service serves as the foundation of every firm undertaking.

Their case handling philosophy is simple.  They investigate and evaluate cases promptly and accurately.  They work closely with their clients in order to determine the most effective and efficient way to resolve a dispute.  They attempt to resolve cases on a fair and equitable basis as soon as possible, with minimal expense to their clients.  If a fair and equitable resolution cannot be reached, they are ready, willing and able to take a case to verdict.  Collectively, the name partners of the firm have tried more than 100 cases to verdict.

Lipe Lyons Murphy Nahrstadt & Pontikis, Ltd. is a member of the International Society of Primerus Law Firms.