PRACTICE AREAS

Lindsay, Rappaport & Postel concentrates on representing insurers in coverage disputes, representing their insureds, and self-insureds, in civil litigation, and in appeals. We practice in the following major areas of law:

 
Appellate Practice. Our firm handles appeals in state and federal courts throughout Illinois, including referrals of matters tried by other law firms. Our attorneys have significant appellate experience. The chair of our appellate department, Joseph Postel, has been lead counsel in over 50 appeals in the state and federal courts, and has won more than two-thirds of those appeals. Our appeals expertise is also quite useful for cases we handle at the trial court level, particularly in regard to dispositive motions, motions in limine, post-trial motions, and properly preserving issues for appellate review. At Lindsay, Rappaport & Postel, our trial preparation, especially for more significant matters, includes input from experienced appellate counsel.

Commercial Litigation and Intentional Tort Defense. We litigate business disputes and cases involving claims such as breach of contract, defamation, false advertising, unfair competition, fraud and consumer fraud, construction defect, tortious interference with contract, malicious prosecution, and other such cases.

Construction Liability Defense. Construction accident litigation is a significant part of our practice. We regularly represent contractors, subcontractors, property owners, employers, and others in cases arising from construction accidents and industrial accidents involving claims for personal injury, wrongful death and survival, and property damage. We have a strong record of successfully defending these cases. We handle construction defect litigation as well. Our construction liability practice also corresponds with our insurance coverage practice, given the prevalence in Illinois of disputes as to additional insured coverage and targeted tender issues.

Insurance Coverage. Our firm represents insurers in all phases of insurance coverage practice, from opinion letters to litigation at the trial level, to appeals. The chair of our coverage litigation department, Joseph Postel, has received national recognition as a leading litigator and commentator on additional insured coverage under commercial general liability policies, and contractual risk transfer issues. We litigate declaratory judgment and coverage cases, including those pertaining to additional insured endorsement issues, construction defect issues, automobile coverage, bad faith, priority of coverage, and related matters.

Premises Liability and General Liability Defense. A mainstay of our practice is the defense of tort cases under CGL and homeowners' policies. We defend insured and self-insured property owners, possessors, and contractors ranging from national retailers to local businesses to homeowners, in cases ranging from industrial accidents to fall-down accidents to third party assaults to dram shop and liquor liability cases. One of our partners, Stuart Rappaport, is the author of "The Complete Illinoisan's Guide to Defending Premises Liability Claims."

Products Liability Defense. Our firm defends manufacturers, distributors, and retailers of several types of products in product liability cases. We also provide legal services for these cases in the areas of indemnification provisions, vendor endorsements and insurance coverage issues.

Religious Institutions. We defend many religious institutions in various types of cases, with an emphasis on premises liability and general negligence defense.

Restaurants and Taverns Defense. Many of our insurance defense cases involve the representation of restaurants and taverns in a variety of liability claims. These include injury claims arising from altercations with other patrons or third party assaults, injury claims arising from altercations with security personnel, cases filed under the Illinois Dram Shop Act, as well as cases arising from fall down injuries. One of our senior attorneys, MaryBeth O'Brien, is the author of the Illinois Institute of Continuing Legal Education (IICLE) chapter on Dram Shop Actions.

Transportation Liability Defense. A large number of litigated cases, and a large portion of those cases that go to trial, arise out of motor vehicle accidents. These cases range from routine to catastrophic, and include injury and wrongful death claims, and claims for benefits under uninsured and underinsured motorist coverage. Our lawyers have a strong trial record for these cases, with a high percentage of "not liable" defense verdicts or awards below the last offer. We also litigate transportation loss cases.

"Other." The above list is not necessarily comprehensive. We are civil trial lawyers ready willing and able to handle a variety of liability and insurance related cases such as directors' and officers' liability, civil rights defense, professional liability, mold claims, certain subrogation matters; class action litigation, professional malpractice, marine, property damage, fire loss, municipal liability, homeowners and first party claims, uninsured/underinsured motorist claims, arbitration and mediation, and other matters.