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To embed, copy and paste the code into your website or blog: In the typical non-compete lawsuit, an employer seeks to block the defendant, often an ex-sales representative, from calling on or doing business with the company’s clients. However, in some cases, the defendant succeeds in taking some business, thereby raising the issue of monetary damages. So, how are damages calculated in a non-compete case? In a recent decision, the U.S. District Court for the Northern District of Illinois addressed this issue. In Zurich American Ins. Co. v. Hill, the defendant insurance salesman admitted that he improperly did business with a certain client of the plaintiff; thus the only issue was calculating an appropriate monetary award. The court explained that, pursuant to Illinois law, the employer is entitled to recover “net lost profits” that were traceable to the defendant’s breach. Net lost profit is gross revenue based on the contract price, less any expenses necessary for plaintiff’s performance of the contract. Depending on the circumstances, a plaintiff’s expenses could include direct costs (
The university claims Factory Mutual Insurance Company of Rhode Island has failed to honor an all-risk commercial property policy that ran from July 2019 to July 2020.
Simon EDWARDSVILLE — A Collinsville-based finance company facing class actions for allegedly repossessing debtors' vehicles, alleges its insurance carrier has failed to provide indemnification per the insurance policy. Universal Credit Acceptance Inc., filed a complaint Feb. 19 in the Madison County Circuit Court against Zurich American Insurance Company alleging breach of contract. According to the complaint, Universal Credit Acceptance claims it is facing "multiple" class action suits and that its insurance carrier, Zurich American, has reused to indemnify it in defense of the litigation. Universal alleges it entered into an insurance policy agreement with Zurich American for property and liability coverage and that the policy was effective from Dec. 1, 2008 through Nov. 1, 2016. Universal claims it has paid and will "pay hundreds of thousands of dollars" to settle one of its lawsuits. Zurich allegedly agreed there was coverage under its policy but has refused to indemnify them.