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Professional Liability Blog

We explore and analyze current issues and relevant topics to help accountants, attorneys, architects and engineers, insurance agents and real estate brokers avoid a professional liability case.

Professional Liability Blog
October 4, 2019

Edson v. Fogarty - Broker Can Be Liable to Purchaser for Misrepresentation of Fact, Regardless of Reliance, Where Purchaser Could Not Have Discovered Misrepresentation on Its Own

This article discusses a decision by the 1st District of the Illinois Court of Appeals clarifying the law on when a broker can be liable for negligent misrepresentations during the sale of property and held a broker liable for misrepresentations made about the zoning of property.

Professional Liability Blog
August 8, 2017

Piercing the Corporate Veil in Illinois: For the First Time, the Jury Can Decide

Companies, professional corporations, and insurance carriers doing business in Illinois need to know about a trailblazing new case likely to impact their defense against veil-piercing claims. Traditionally, the question of whether a corporate veil can be pierced to reach the shareholders or owners behind a corporate entity has been for the trial court to determine. But in Benzakry v. Patel, 2017 WL 1251645 (Ill. App. Apr. 5, 2017), tradition didn’t hold: now veil-piercing claims can be decided by a jury instead of the trial court.

Professional Liability Blog
October 31, 2016

In Illinois, Architects Not Required to Guarantee Habitability of Condos

Recently, the Illinois Appellate Court had to decide whether a claim for breach of the implied warranty of habitability can be brought against condominium architects purportedly responsible for alleged design defects—in particular, when the developer is insolvent. The court said no. Board of Managers of Film Exchange Lofts Condominium Association v. Fitzgerald Associates Architects P.C., 2016 IL App (1st) 113508-U (Ill. App. 2016) (“Fitzgerald”).