Tom Pender recently obtained a dismissal with prejudice of a declaratory judgment action filed against the firm's client, a small, Chicago-based grocery store chain

Cremer Spina had represented the grocery store in an underlying personal injury suit, in which it was alleged that the plaintiff died from injuries sustained in the store's parking lot. We were successful in securing additional insured coverage for our client in the underlying action from the carrier for the strip mall owner. That carrier subsequently settled the underlying case, without the client or its own carrier paying anything. The carrier who accepted the client's tender in the underlying action thereafter filed suit against the grocery store, seeking a reimbursement of the funds it had paid in defense and indemnity on behalf of the store. The theories of recovery were contractual indemnity and breach of contract. Tom and Jessica filed a motion to dismiss the claims based on the anti-indemnity provisions in the Landlord Tenant Act. Judge Novak of the Chancery Division of the Circuit Court of Cook County granted the motion to dismiss with prejudice.