Showing all results for category “Writing and Speaking”

Middle District of Florida Holds That Appraisal Not Waived When Invoked After Suit

April 16, 2024 / News / Writing and Speaking

Douglas Cohen analyzes a Florida Middle District first party property insurance dispute in which the court held that the insurer did not waive appraisal by invoking it after suit was filed, as it cited no policy provision setting a deadline for invoking appraisal and the insurer did not actively litigate the case.

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Court Assesses Offsets Against Employee’s Underinsured Claim

April 16, 2024 / News / Writing and Speaking

Don Sampen examines a recent Seventh Circuit decision holding that an employee injured in an automobile accident was entitled to recover $672,000 in underinsured coverage from his employer’s automobile liability policy, subject to certain reductions.

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Clausen Miller Prevails in New Jersey Appellate Division Coverage Action

April 10, 2024 / News / Writing and Speaking

Thomas Jacobson and Don Sampen prevailed in a New Jersey Appellate Division action holding that an umbrella insurer had no duty to step down to cover a primary layer sublimit that was substantially below the primary policy’s occurrence limit that would otherwise apply.

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Florida Southern District Dismisses Counts Against Insurer and Rules Coverage Issues Must Be Determined Prior to Bad Faith Issues 

April 9, 2024 / News / Writing and Speaking

Kelly Vogt analyzes a Florida Southern District Court decision in which the court dismissed bad faith and breach of contract counts against an insurer, as Florida law dictates that coverage issues must be determined prior to bad faith issues going forward.

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Florida Fourth District Court of Appeal Reverses Judgment for Insured After Trial Court Declines to Apply Hurricane Deductible Post-Verdict to Offset Jury Verdict

April 3, 2024 / News / Writing and Speaking

Kelly Vogt examines a Florida Fourth DCA holding in which the Court reversed a trial court’s judgment and ruled in favor of the insurer after the trial court declined to apply a hurricane deductible post-verdict to offset the jury’s verdict in a Hurricane Irma damages case.

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No Coverage for Insured Where Excluded Motorist Was Driving

April 3, 2024 / News / Writing and Speaking

Don Sampen breaks down a First District Appellate Court decision in which the court affirmed in favor of the insurer in an automobile collision case, upholding a named driver exclusion in an automobile policy to bar uninsured coverage for the named insured.

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Florida Third District Court of Appeal Rules Trial Court Order Compelling Appraisal Violated Policy and Due Process

April 2, 2024 / News / Writing and Speaking

Kelly Vogt analyzes the Florida Third DCA’s reversal of a trial court’s order granting an insured’s ore tenus motion to compel appraisal, holding that the trial court violated the subject policy and deprived the insurer of its due process rights by granting the motion.

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Court Weighs Excess Coverage, ‘Other Insurance’ Provisions

March 19, 2024 / News / Writing and Speaking

Don Sampen breaks down an Illinois Northern District ruling in which the Court resolved issues of competing “other insurance” clauses between two insurers, finding that a real estate management company’s insurance for a slip-and-fall claim was excess over a tenant’s coverage.

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Nicholas Travis to Discuss Property Case Law Developments at PLRB 2024 Claims Conference and Insurance Services Expo

March 19, 2024 / Events / News / Writing and Speaking

In “Property Case Law Developments: Personal Lines,” Nicholas Travis will share property coverage insights and describe how recent case law impacts claim investigation techniques.

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Federal Court Follows Visual Pak Holding No Coverage for BIPA Claims

March 15, 2024 / News / Writing and Speaking

Andrew Banathy examines an Illinois Northern District decision granting summary judgment for an insurer in a BIPA-related coverage action and agreeing with the Illinois Appellate Court’s reasoning in an earlier case, National Fire Ins. Co., et al. v. Visual Pak Co., Inc., with respect to the interpretation of the recording and distribution exclusion contained in general liability policies.

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  • Chicago

    Illinois 60603

    10 South LaSalle Street

    Chicago, Illinois 60603

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Carl M. Perri

  • Mission Viejo

    California 92691

    27285 Las Ramblas

    Suite 200

    Mission Viejo, California 92691

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partners: Paige M. Neel, Kimbley A. Kearney

  • Milwaukee

    Wisconsin 53202

    250 E. Wisconsin Avenue

    Suite 1800

    Milwaukee, Wisconsin 53202

    T: 414.279.5525 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: James M. Weck

  • Stamford

    Connecticut 06902

    68 Southfield Avenue

    2 Stamford Landing Suite 100

    Stamford, Connecticut 06902

    T: 203.921.0303 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33609

    4830 West Kennedy Boulevard, One Urban Center

    Suite 600

    Tampa, Florida 33609

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick Co-Managing Partner: Kelly M. Vogt

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.287.2744 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Houston

    Texas 77019

    2929 Allen Parkway

    American General Center, Suite 200

    Houston, Texas 77019

    T: 346.229.4612 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Dallas

    Texas 75201

    325 N. Saint Paul Street

    Suite 3100

    Dallas, Texas 75201

    T: 469.942.8635 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Boca Raton

    Florida 33434

    7777 Glades Road

    Suite 405

    Boca Raton, Florida 33434

    T: 561.765.5305 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick Co-Managing Partner: Kelly M. Vogt