JAMES T. NYESTE

Court Opinions

Tomassi v. Prudential Insurance Co., 2007 U.S. Dist. LEXIS 44223 (N.D. Ill. 2007). Defeated ERISA disability insurer's attempt to stay the lawsuit or remand for examination of claimant and further administrative evaluation.

Reynolds v. York Center Community Cooperative, slip op. (Ill. App. 2nd Dist. 2007). Successfully obtained dissolution of 60-year old residential cooperative as result of directors' and officers' illegal, fraudulent, and oppressive acts. Clients will receive deeds to their homes and property, shares of the proceeds from the cooperative's common property after it is sold, and damages for fraud.

Wilbourn v. Bunch, slip op. (Ill. App. 2nd Dist. 2006). Successfully obtained reversal of trial court's decision which had dismissed the client's auto accident claim.

ABC Supply v. Rosenow, slip op. (Ill. App. 1st Dist. 2005). Represented building products distributor in collecting on personal guaranty of roofing company's president.

Linker v. Allstate Ins. Co., 794 N.E.2d 945 (Ill. App. 1st Dist. 2003). Represented former employee-agents of Allstate who were terminated without cause in mass termination by Allstate in connection with its restructuring of agency force to use solely independent contractor agents. Illinois Appellate Court held, unlike several other courts, that employee-agents' contract was not "at will" but required "cause" for termination.

Treski v. Kemper Nat. Ins. Cos., 674 A.2d 1106 (Pa. Super. 1996). Represented CNA in purported bilateral class action under the Pennsylvania Unfair Trade Practices and Consumer Protection Law as to whether auto insurers have duty to advise insureds and disclose the adverse effects of other states' laws on the insureds' tort and insurance rights. Complaint dismissed.

Aetna Casualty & Surety Co. v. The Medical Protective Co., 575 F. Supp. 901 (N.D. Ill. 1983). Represented The Medical Protective Company on claim by physician's excess insurer, Aetna, that Medical Protective, as the primary insurer, owed multiple limits toward the $1,500,000 judgment against the physician. The court held that there was only a single "occurrence" and that Medical Protective owed only one $200,000 limit.

Pacific Ins. Co. v. American Medical Association, slip op. (N.D. Ill. 1986). Represented the AMA in obtaining insurance coverage for defense costs that it had incurred in prior antitrust litigation with chiropractors.

Mackinac v. Arcadia Nat. Life Ins. Co., 271 Ill. App. 3d 138 (1st Dist. 1995). Represented Arcadia in purported class action under Illinois Consumer Fraud Act alleging practice of delaying delivery of credit life and disability policies sold through automobile dealers; case dismissed on pleadings and affirmed on appeal.


James T. Nyeste
Attorney at Law
1 N. LaSalle, Ste. 2100
Chicago, Illinois 60602

Ph: 312-750-1814
Fax: 312-223-8549
E-mail:  jnyeste@aol.com
www.coveragelaw.com