CM Report of Recent Decisions (2010v3)
2010 Volume 3
A summary of significant recent developments in the law focusing on substantive issues of litigation and featuring analysis and commentary on special points of interest.
Articles in this report
Illinois Supreme Court Makes It Harder For Insurers To Prevail On Late Notice Defense
The Illinois Supreme Court recently issued a potentially far-reaching opinion on the late notice issue in West American Ins. Co. v. Yorkville Nat'l Bank. Although the decision was issued in the context of a defamation claim, the holding has broad implications for insurers in other coverage claims contexts as well.
Insurer’s Duty To Defend: How Explicit Must The Underlying Allegations Be?
An insurer's duty to defend in Illinois and most other states turns on whether the facts alleged in the underlying complaint against the insured fall within, or potentially within, coverage under the insurance policy.
MCS-90 Endorsements Provide Significant Subrogation Recovery Opportunities
In the late 1970s, Congress began a debate about the negative consequences resulting from deregulation of the trucking industry. Simultaneously, the Department of Transportation conducted a random roadside inspection of commercial motor vehicles traveling on I-80 in Pennsylvania with shocking results -- more than half of the commercial vehicles were placed out of service due to a variety of safety violations.
P2P Exposes Corporations To Regulatory And Liability Risks
Your salesman has downloaded a 600-customer spreadsheet for use on his personal laptop which he shared with his son who downloaded music using P2P software (like Napster, eDonkey, BitTorrent, and Gnutella). You figure this is all too unforeseeable to be a legal problem? Think again.
The Wisdom And Efficiency Of Having Separate Appellate Counsel Prosecute And Defend Your Appeals
We wish to caution our friends in the industry that now is certainly no time to try to "pinch pennies" and forego the wisdom and efficiency of having separate appellate counsel prosecute and defend your appeals. The thinking that "why not just have trial counsel" do the appeal is a misguided thought in our practice.
Two Texas State Appellate Courts Address The Theft Exclusion To Vandalism Coverage In Commercial Property Policies
Two Texas courts of appeal addressed the theft exclusion to vandalism coverage in commercial property insurance policies, holding that the "breaking in" exception to the theft exclusion does not encompass building damage done to extract copper pipe or wiring and that the removal of copper pipe and wiring is a theft even if it is not taken away from the building prior to the intruder's arrest as long as there was proper intent for a theft.