Christine McTigue focuses in appellate practice. In her career, she has handled more than 350 appeals before the Illinois Supreme Court, all districts of the Illinois Appellate Court, and the United States Court of Appeals for the Seventh Circuit. 

Ms. McTigue’s appeals have involved insurance coverage including commercial lines, personal lines and reinsurance; professional negligence, including medical, legal and accountant liability; surety and fidelity bond coverage; health care; product liability; class action; commercial real estate; Uniform Commercial Code; the Fair Debt Collection Practices Act; the Internet; and bankruptcy. She drafts coverage opinions and litigates cases involving aspects of primary, excess and umbrella coverage under general liability, professional liability, health insurance, auto and homeowner policies. Ms. McTigue also analyzes issues involving fidelity and surety bonds. A selection of Ms. McTigue’s representative cases includes:

Governmental Immunity

• Hubble v. Bi-State Development Agency, 238 Ill.2d 262, 938 N.E.2d 483 (2010). Bi-State Development Agency is an interstate compact between the states of Illinois and Missouri that operates the public transit system in the greater St. Louis area, including parts of Illinois. The issue raised was whether Bi-State was a local public entity entitled to the one-year statute of limitation as provided in the Illinois Tort Immunity Act. In a case of first impression, the Illinois Supreme Court reversed the appellate court and held that Bi-State is a local public entity.

Bankruptcy

• Busson v. Milwaukee School of Engineering, 635 F.3d 261 (7th Cir. 2011). A student/debtor argued that his student loan was dischargeable in bankruptcy because the school had refunded excess money in the student’s account to his mother. The 7th Circuit found that the loan was not dischargeable under 11 U.S.C. §532(a)(8), holding that it is the purpose of the loan which determines whether it is educational.

Insurance

• Northbrook Property & Cas. Co. v. Transportation Joint Agreement, 192 Ill.2d 96, 741 N.E.2d 253 (2000). This insurance coverage dispute arose out of a collision between a commuter train and a school bus. The Illinois Supreme Court interpreted the exclusion in a commercial general liability policy which excluded from coverage bodily injury arising our of the ownership, maintenance, use or entrustment of an auto and held that the exclusion applied to allegations that the school district inadequately planned and inspected bus routes or failed to warn drivers of potential hazards.

Medical Negligence

• McDonnell v. McPartlin, 192 Ill.2d 505, 736 N.E.2d 1074 (2000). The defendant in this medical negligence case asserted that a non-party physician’s negligence was the sole proximate cause of the plaintiff’s injuries, pursuant to an “empty chair defense.” In a case of first impression, the Illinois Supreme Court held that the defendant need not prove that the non-party physician was negligent, in order to obtain a jury instruction on sole proximate cause.

Multi-Million Dollar Appeals

• Wausau Underwriters Ins. Co. v. United Plastics Group, Inc., 512 F.3d 953 (7th Cir. 2008). In an insurance coverage case, the court reversed a $26.5 million judgment against our client, an excess insurer, holding that the insured had failed to prove that its liability in an underlying suit constituted property damage.
• Albrecht v. Palos Community Hosp., unpublished Illinois appellate decision (2002). In this medical malpractice case, the appellate court reversed a $6.3 million verdict based on our argument that the trial court had abused its discretion by permitting previously undisclosed expert opinions to be introduced at trial.

Ms. McTigue joined Hinshaw & Culbertson LLP in March 1994. She is a member of the Leading Lawyers Network, where she was selected by her peers as a Leading Lawyer in the area of Civil Appellate Law. In addition, Ms. McTigue holds the BV® Peer Review Rating from Martindale-Hubbell for ethics and legal ability.

Ms. McTigue is a member of the Illinois Appellate Lawyers Association (ALA). She has served two terms as a member of the ALA’s board of directors and has also served as chair of the ALA’s Website Committee. Ms. McTigue's publications include:

• "The Illinois Appellate Court Addresses Proof of Occurrence," Illinois Association of Defense Counsel Fidelity and Surety Committee Newsletter, 1999.
• "Continuing Validity of Implied Indemnity in Illinois," Illinois State Bar Association Tort Trends, 1993.
• "Recent Developments in Contribution Law," Illinois State Bar Association Tort Trends, 1990.
• "Recent Developments Regarding Statutes of Limitation Applicable to Contribution Actions," Illinois State Bar Association Tort Trends, 1989.

Her presentations include “to See and Foresee: The Pro-Active Use of Monitoring and Appellate Counsel at Trial,” at Hinshaw’s Annual Insurance Services Symposium, in Chicago, Illinois, October 2010.