Kevin Q. Butler is of counsel for McKnight & Kitzinger LAW, He is a member of the Illinois bar and is admitted to practice in the United States Court of Appeals for the Seventh Circuit. Mr. Butler focuses primarily on appellate law and post-judgment litigation. He has represented major corporate, financial and insurance entities, arguing before state and federal appellate courts. Mr. Butler is a contributing author to the Illinois Institute of Continuing Legal Education.
- Appellate Law, Post-Judgment Litigation, Commercial Litigation, and Insurance Coverage
- J.D., DePaul University College of Law, Chicago, Illinois 2000
- B.A., The Ohio State University, Columbus, Ohio, 1996
Toftoy v. Rosenwinkel, 983 N.E.2d 463 (2013)
At issue in this case was whether the Farm Nuisance Suit Act (740 ILCS 70/1 et seq. (West 2006)) barred the plaintiffs’ nuisance lawsuit against a neighboring cattle farm where the plaintiffs acquired their property after the cattle farm had been in operation for more than a year. The appellate court held that the suit was not barred. The Illinois Supreme Court ruled the nuisance lawsuit was barred. Mr. McKnight successfully argued on behalf of the defendant, a family farmer. Ultimately, Mr. McKnight recovered from the Plaintiffs the legal fees expended in defense of the lawsuit.
Hoover v. Country Mutual Ins. Co., 363 Ill.Dec. 612 (1st Dist. 2012)
Mr. Butler successfully argued that the one-year limitation period in plaintiffs’ homeowners’ policy barred a complaint alleging breach of contract and bad faith arising from their insurer’s refusal to pay the replacement cost in connection with the total destruction of their house by an explosion. Mr. Butler also argued that Plaintiffs’ claim alleging negligent misrepresentation that the policy would cover the replacement cost failed to state a cause of action, and the discovery rule did not toll the statute of limitations applicable to the negligence count.
Saathoff v. Country Mutual Ins. Co., 866 N.E.2d 370 (2008)
Country Mutual and the Plaintiff submitted a claim for an apartment building destroyed by fire to appraisal. Country Mutual timely paid the appraisal award using the umpire’s calculation of depreciation. Plaintiff demanded the depreciation hold back and Country Mutual refused to pay asserting the request was untimely. Plaintiff sued to recover the depreciation hold back representing the replacement cost of the property. The appellate court affirmed the dismissal of Plaintiff’s lawsuit ruling that the time limitations on recovering replacement cost under an insurance policy are enforceable.
Other Notable Decisions
Young v. Allstate Ins. Co., 351 lll.App.3d 151, 812 N.E.2d 741, 285 Ill.Dec. 921 (1 st Dist. 2004);
Pullen v. Pullen, No. 1-10- 0238 (May 20, 2011) (1 st Dist. 2011);
ABN AMRO Services Company, Inc., 383 lll.App.3d 138, 890 N.E.2d 550, 321 Ill.Dec. 828 (1 st Dist. 2008);
Chicago Prime Packers, Inc. v. Northam Food Trading Co., 408 F.3d 894 (7 th Cir. 2005);
Stange v. Country Casualty Ins. Co., 2011 IL App. (1st) 100810-U (1 st Dist. 2011);
Walsh v. Morris, No. 2 – 08 – 1105 (November 2, 2009) (2 nd Dist. 2009);
Allstate Ins. Co. v. Road America Automotive, Inc., No. 1-10- 1008 (March 16, 2011)(1 st Dist. 2011);
Jackson v. Bailey, 384 lll.App.3d 546, 893 N.E.2d 280, 323 Ill.Dec. 266 (1 st Dist. 2008);
Adedoynion v. Independent Mut. Fire Ins. Co., 353 Ill. App.3d 1078, 881 N.E.2d 967 (1 st Dist. 2004);
West v. Brooks, 348 lll.App.3d 1094, 311 Ill.Dec. 441 (1 st Dist. 2004);
Allstate Ins. Co. v. Adams, 362 lll.App.3d 1224, 335 Ill.Dec. 800 (1 st Dist. 2005);
Harrison v. American Taxi Dispatch, Inc., 231 lll.2d 632, 327 Ill.Dec. 698 (1 st Dist. 2009);
West v. Malik, 328 lll.App.3d 1096, 288 Ill.Dec. 98 (1 st Dist. 2002);
Carpenter v. Illinois Parkway Gardens Associates, 235 lll.App.3d 1181 (1 st Dist. 2002);
Robbins v. Allstate Ins. Co., No. 2-08- 0156 (April 20, 2009) (2 nd Dist. 2009);
Olthoff v. Village of Evergreen Park, No. 01-07- 3431 (December 7, 2009) (1 st Dist. 2009);
Rosales v. Country Mutual Ins. Co., No. 4-08- 0964 (1 st Dist. 2008);
RLI Insurance Company v. Conseco, Inc., 543 F.3d 384 (7th Cir. 2008)
- Kevin Q. Butler and Jonathan C. Suttle, “Chapter 8 – Physical Objects & Demonstrative Evidence” (Illinois Civil Trial Evidence (Ill. Inst. for CLE, 2010, 2012)).