JUSTICIABILITY AND STANDING

Lack of Justiciability

Stone & Johnson attorneys have successfully moved for the dismissal of their high-level excess carrier clients in many cases, based on a lack of justiciable case or controversy. These successful early motions to dismiss have proven to be a valuable, cost-efficient strategy in cases where the insured has not yet incurred sufficient liability to implicate its excess coverage, yet has filed suit against all of its carriers, anticipating that it might someday reach those layers of coverage. Among Stone & Johnson’s justiciability dismissals are the following:

• Caterpillar, Inc., and Solar Turbines, Inc., v. Aetna Casualty and Surety Company, et al., Cook County Cir. Ct., No. 94 CH 614 (Illinois February 6, 1995)

• Northern Illinois Gas Co. v. The Home Ins. Co., et al., Cook County Cir. Ct., No. 95 L 17549 (Illinois October 4, 1996).

• North Shore Gas Co., et al. v. Certain Underwriters at Lloyd’s London, et al., Cook County Cir. Ct. No. 94 CH 003349 (Illinois May 26, 1995).

Corporate Standing

Stone & Johnson attorneys have obtained summary judgment for insurers on the ground that a dissolved Illinois corporation cannot maintain suit against its former insurer under the guise of CERCLA.

• T-K City Disposal, Inc. v. Commercial Union Ins. Co., 761 F. Supp. 552 (N.D. Ill. 1991)