Reported Cases

1. Federated Dept. Stores, Inc. v. M.J. Clark, Inc., 2007 U.S. Dist. LEXIS 51826.  For a copy of the Appellate Court’s opinion, click here.
2. Efrain Torres v. Midwest Development, 383 Ill.App.3d 20 (1st Dist. 2008). For a copy of the Appellate Court’s opinion, please click here. For a copy of the Jury Verdict Reporter, please click here.
3. Roberto Sanchez v. Wilmette Real Estate & Management Co., No. 1-08-0248 (1st Dist. 2010) (Unpublished) For a copy of the appellate court order, click here.

Recent Trial Results

1. ACR v. JRAW v. FFIC, Court No. 2009 L 000606
   On July 15, 2010, following a two day bench trial, Judge James P. McCarthy entered judgment in favor of Mr. Goken’s client, Fireman’s Fund Insurance Company (“FFIC”), in a breach of contract dispute wherein the Third-Party Plaintiff (antique store) alleged that FFIC had failed to pay for rental equipment and clean up services that were provided by the Plaintiff (service provider) to the antique store after a gas claim arose.   Mr. Goken successfully argued to Judge McCarthy that the antique store, and not FFIC, was legally obligated to pay for all costs incurred for the rental equipment used and clean up that followed the alleged loss in question. For a copy of the order granting Mr. Goken’s summary judgment, click here.
   
   
2. Raymond & Weldon Baker v. State Farm, 2007 L 10135
   On August 6, 2010, after a five-day trial, the jury returned a verdict in favor of Mr. Goken’s client, State Farm, in an breach of contract, insurance fraud and bad faith trial.   Mr. Goken successfully convinced the jury that State Farm did not breach its policy of insurance’s terms and conditions by denying the Plaintiffs’ property damage claim after a fire loss occurred.  For a copy of the court’s order granting judgment on the jury verdict, click here.
   
   
3. Williams v. State Farm, Court No. 2006 CH 12869
   On November 6, 2008, after a three day bench trial, Judge Daniel Riley entered judgment in favor of Mr. Goken’s client, State Farm, in an insurance coverage dispute wherein Plaintiff alleged that State Farm breached its contract with Plaintiff by failing to pay water damages sustained to Plaintiff’s residence.   Mr. Goken successfully convinced Judge Riley that there was no coverage for the Plaintiff’s alleged losses because the insured premises was vacant at the time of the reported losses.   Under the policy in question, losses sustained while the insured premises has been vacant for an extended period of time are expressly excluded.   Plaintiff unsuccessfully argued that the insured premises was not vacant during the times alleged.   Mr. Goken elicited testimony from the insured and from other witnesses to suggest otherwise.  For a copy of the court’s order, please click here. 
   


4. Polz v. Daithman, Court No. 2005 L 5957
   On June 13, 2007, Mr. Goken successfully defended his client, a driver of a car, in a case brought by a Plaintiff pedestrian whom claimed numerous personal injuries, some with alleged permanency, after he was hit by Mr. Goken’s client’s car in the middle of a crosswalk.   At trial, Plaintiff sought damages in excess of $115,000.  The jury returned a verdict of only $2,500 after determining the Plaintiff was half at fault.   For a copy of the Jury Verdict Reporter, please click here.

Recent Successful Dispositive Motion Results

1. Kevin Carter v. Rockford Reachout Jail Ministry, 2010 AR 4 (Winnebego County)
   On July 22, 2010, Judge Gwen Gulley granted Mr. Goken’s Motion to Dismiss Plaintiff’s Complaint with prejudice after the court determined that the plaintiff had failed to adequately state a cause of action.   Mr. Goken convinced Judge Gulley to grant his client, Rockford Reachout Jail Ministry’s motion, with prejudice, in light of plaintiff’s previously failed to attempts to adequately articulate a viable cause of action against Mr. Goken’s client.   For a copy of Judge Gulley’s dismissal order, click here.
   
   
2. Echelon Property & Casualty v. Daniel Jasek, 2007 MR 000156 (DuPage County)
   On June 28, 2010, Judge Kenneth Popejoy granted summary judgment in favor of Mr. Goken’s client Echelon Property & Casualty (“Echelon”) in declaratory judgment action wherein Echelon disputed owing coverage to the Defendant after an alleged loss occurred to Defendant’s real property.  Mr. Goken successfully convinced Judge Popejoy that the alleged total loss of the Defendant’s building was barred from coverage pursuant to various exclusions set forth in Echelon’s policy of insurance.   For a copy of the order granting Mr. Goken’s summary judgment, click here.
   
   
3. Averill Glass v. James Seidenberg, et. al, Court N o. 2009 L 012618 (Cook County)
   On May 19, 2010, Judge James D. Egan granted Mr. Goken’s Motion to Dismiss plaintiff’s Complaint after Mr. Goken successfully argued that the plaintiff was judicially estopped from pursuing her personal injury claims in light of her failure to properly disclose the existence of her personal injury claim in another judicial proceeding.   After fully briefing the motion to dismiss and orally arguing the dispute before Judge Egan, Judge Egan granted Mr. Goken’s motion and dismissed the plaintiff’s Complaint with prejudice.  For a copy of the court order granting Mr. Goken’s Motion to Dismiss, click here.
   
   
4. Roberto Sanchez v. Wilmette Real Estate, et. al., Court No. 05 L 1640-F
   On January 9, 2008, Judge Maria Maras granted summary judgment in favor of Mr. Goken’s client Wilmette Real Estate in a case which involved alleged traumatic brain injuries after the Plaintiff, a tenant of Mr. Goken’s client, was physically assaulted while he was lawfully on Mr. Goken’s client’s premises.   Mr. Goken successfully argued that his client owed no duty to the Plaintiff to protect against the independent criminal acts committed by third parties.   For a copy of the dismissal order, please click here.
   
   
5. State Farm v. Reginald Malone, Court No. 2008 CH 14136
   On December 10, 2008, Judge Rita Novak granted Mr. Goken’s Judgment on the Pleadings in an insurance coverage dispute wherein Mr. Goken argued that the insured failed to cooperate with his client during the course of the claims investigation.   On behalf of his client, State Farm, Mr. Goken filed a declaratory judgment complaint seeking a ruling from the court that supported Mr. Goken’s contention that the Plaintiffs were not owed coverage under State Farm’s policy of insurance because they failed to cooperate with State Farm insofar as the insureds refused to tender over to State Farm certain records which were reasonably asked of the insureds during the claims process.   After the insured filed his responsive pleading, Mr. Goken moved for judgment on the pleadings, which Judge Novak granted with prejudice.  For a copy of the court order, please click here.
   
   
6. Lawrence Saverino v. CSX Intermodal, Inc., Court No. 2005 L 9844
   On May 17, 2007, Judge Elizabeth Budzinski granted Mr. Goken’s client CSX Intermodal, Inc. summary judgment in a case where the Plaintiff alleged he sustained personal injuries after falling off of one of the Mr. Goken’s client’s machines which was stored on Mr. Goken’s client’s property.   During oral arguments, Mr. Goken successfully argued that his client had no notice of any alleged defective condition of the machine in question and further attacked the plaintiff’s contention that his client even owed a duty to the Plaintiff, who Mr. Goken argued, was trespassing on his client’s property at the time of the incident in question. 

Seminars & Publications

1. Author, “One’s Alleged Intentional Conduct is Another Insurer’s Loss”, National Society of Professional Insurance Investigators, pgs. 17-18, Winter 2012. For a copy of the article, click here.
2. Author, First District Revisits Cooperation Issues in Recent Trial Party Liability Case, Johnson & Bell, Ltd. Insurance Law Alert, Fall 2011. For a copy of the article, click here.
3. Presenter, "Foreclosure and Bankruptcy Issues with Property Claims" 2011 PLRB/LIRB Regional Adjusters Conference, Sacramento, California, November 8-9, 2011.
4. Instructor, Preparing Fire Investogators for Depostition & Trial Testimony, Seminar for Illinois Chapter of International Association of Arson Investigators, Inc., Glen Ellyn, Illinois, November 1-2, 2011.
5. Presenter, "Analysis of the Cooperation Clause Involoving First and Third Party Insurance Claims", State Farm Insurance, Downers Grove, Illinois, August 25, 2011.
6. Presenter, Deposing Treating Physicians in Non-MedMal Cases, Johnson & Bell, Ltd. Continuing Legal Education, June 2011.
7. Author, Equitable Subrogation Claim Dismissed After Insurer Fails to Secure an Assignment of its Contractual Right to Subrogation, Johnson & Bell, Ltd. Insurance Law Alert, Fall 2010. For a copy of the article, click here.
8. Speaker, Quarterbacking the Loss, Safeco Insurance Company, October 28, 2010 Hoffman Estates, Illinois.
9. Author, Illinois’ 1st District Examines Uninsured Regular Use Exemption, Johnson & Bell, Ltd. Insurance Coverage Law Alert, Winter 2010.  For a copy of the article, click here.
10. Author, What Discovery is Allowed In A Punitive Damages Case In Illinois, Lexis-Nexis Insurance Law Community, For a copy of the article, click here.
11. Author, Appellate Court Considers Duty to Defend Trigger Dates & Mend-the-Hold Doctrine, Johnson & Bell, Ltd. Insurance Coverage Law Alert, Winter 2008.  For a copy of the article, please click here.
12. Speaker, Pre-Litigation Investigation & Role of the Insurer, Johnson & Bell, Ltd. Annual Insurance Coverage Seminar, March 2010, Oak Brook, Illinois.
13. Instructor, Legal Basics for Fire Investigators, Annual Seminar for Illinois Chapter of International Association of Arson Investigators, Inc., Champaign, Illinois, September 2004. (Taught legal class to group of fire investigators during week long seminar).
14. Instructor, Preparing Fire Investigators for Trial Testimony, Annual Seminar for Illinois Chapter of International Association of Arson Investigators, Inc., Champaign, Illinois, September 2009.