CM Report of Recent Decisions (2008v4)
2008 Volume 4
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.
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Articles in this report
Current Illinois Jury Instruction Regarding Professional Negligence Is Problematic For Defense Bar
Defense lawyers are currently in a precarious position because the Illinois Appellate Court is split over the appropriate jury instruction to give with respect to the determination of professional negligence.
Eleventh Circuit Holds That Coverage Under Marine Policy's "Warehouse-To-Warehouse" Provision Terminates Once Insured Maintains Dominion & Control Over Insured Cargo
In Great Southern Wood Preserving, Inc. v. American Home Assurance Co., 292 Fed. Appx. 8 (11th Cir. 2008), the Eleventh Circuit examined the point at which cargo reaches a “final warehouse” pursuant to a Marine Policy’s “warehouse-to-warehouse” provision, and held that once an insured exercises dominion and control over cargo it can no longer be considered “in transit,” thereby terminating coverage.
January 1, 2009: ADA Protections Broadened
This article provides key points which you can use in training your employees about the new ADA Amendments Act (ADAAA) which became effective January 1, 2009. If you have not already started your training, it is imperative that you do.
Texas Appellate Court Affirms Partial Summary Judgment In Favor Of Insured When Insurer Unable To Prove Date When Property Damage Occurred
This Central Mutual case holds that the insurer’s inability to demonstrate that the insured property had been vacant for sixty days on the date the loss “occurred” -- as that term was interpreted by the court -- doomed its appeal challenging coverage.
