Gary Steven Schwab

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  Heyl, Royster, Voelker & Allen Professional Corporation
• Representative Cases & Transactions
  Cases

  Significant Cases
  Prudential Property & Cas. Ins. v. Scott 161 Ill. App. 3d 372 (4th Dist. 1987) Interpretation
  application of a family exclusion clause in an automobile insurance policy. Harris v. Walker 119 Ill. 2d 542 (1988) The Illinois Supreme Court held that a person who rents a horse
  thereafter sustains injuries while horseback riding cannot obtain a recovery from the riding stable for a claimed violation of the Animal Control Act, as a renter of a horse is not within the class of persons the legislature intended to protect when it enacted the Animal Control Act. In addition, an exculpatory release signed by the Plaintiff is enforceable to release the riding stable from negligence liability. Watson v. J.C. Penney Co., Inc. 237 Ill. App. 3d 976 (4th Dist. 1992) The court refuses to overrule the natural accumulation rule which was applied to preclude the plaintiff from obtaining a recovery for a slip
  fall on a natural accumulation of ice. Page v. Blank 262 Ill. App. 3d 580 (4th Dist. 1994) Discusses what duty a l
  owner owes to protect the safety of children,
  concludes that a l
  owner owes no duty
  is not liable to a 12 year old who suffers a loss of vision in an eye, when the child struck a nail with a hammer
  the nail bounced into his eye while building a skate board ramp on the defendant's premises. Bubb v. Springfield School Dist. 186 167 Ill. 2d 372 (1995) This was a case of first impression. The Illinois Supreme Court held that the recreational immunity set forth in Section 3-106 of the Local Governmental
  Governmental Employees Tort Immunity Act applies to preclude liability if the property upon which the plaintiff sustains an injury was intended or permitted to be used for recreational purposes, regardless of the specific use of the property at the time of injury or the primary purpose of the property. General Cas. Co. of Illinois v. Juhl 283 Ill. App. 3d 376 (4th Dist. 1996) A 7-1/2 month delay on the part of the insured in notifying the excess insurer of a possible excess verdict against the insured was not notice given promptly as required by the insurance policy,
  as a matter of law such delay was unreasonable
  nullified the policy. City of Springfield v. Hashman 332 Ill. App. 3d 748 (4th Dist. 2002) Application of various provisions of the Illinois Municipal Code
  city ordinances governing the ability of a municipality such as the City of Springfield to prevent pollution of its public water supply (Lake Springfield),
  even if that entails going beyond its corporate limit to do so.

  Transactions

  Transactions: Appears before the IllinoisLiquor Control Commission in defense of retail stores charged with sellingalcoholic beverages to minors.; Obtains probate court approvalof the settlement of personal injury claims involving minor children.; Advocates on behalf of insurers at arbitrations involving uninsured and underinsured motorist claims.; Serves as an arbitrator, either at the request of the insurer or insured, at arbitrations involving insurance claims.