Industry Publications
Dean Rauchwerger, Partner
We at Clausen Miller understands that we need to be at the forefront of issues when it comes to the industries in which we practice. Our clients know that we are aware of the latest issues relating to our field because we are publishing articles in industry specific publications from Subrogator Magazine to Harris Martin Columns - Drugs & Supplements.
September 1, 2010
Court: Collision Considered One 'Occurrence'
The 7th U.S. Circuit Court of Appeals recently held that a multiple vehicle collision constituted one "occurrence" for purposes of determining the number of applicable limits, and that the MCS-90 endorsement to a motor carrier's liability insurance policy was not triggered because of a settlement in which no actual judgment was entered against the carrier.
August 18, 2010
Using The 'Primary Focus' Test For Reimbursement
The 7th U.S. Circuit Court of Appeals recently held that an insurer had an obligation to defend an insured that was alleged, among other things, to have used slogans on packaging similar to the plaintiff's, despite an intellectual property exclusion in the policy, but that the insurer's duty to indemnify the insured would turn on whether covered claims were the "primary focus" of the insured's underlying settlement.
August 4, 2010
No Judicial Estoppel, But Also No Coverage
The 7th U.S. Circuit Court of Appeals recently held that an insured was not barred by judicial estoppel from advancing an argument for purposes of establishing coverage in a coverage action which was not fully consistent with its position in the underlying action, but that the insured nevertheless was not entitled to coverage because the underlying allegations, although referencing the prospect of bodily injury, sought recovery only for economic harm.
July 7, 2010
Duty To Defend Despite Deposit Of Policy Limit
The 1st District Appellate Court recently held that an insurer's deposit of the policy limit with the court in an interpleader action did not relieve the insurer of its duty to defend. American Service Insurance Co. v. China Ocean Shipping Company (Americas) Inc., 2010 WL 2487945 (1st Dist., June 16, 2010).
June 16, 2010
Insured's Counterclaim Is Relevant To Defense Duty
The Illinois Supreme Court recently held that, in determining whether an insurer has a duty to defend its insured in an underlying lawsuit, consideration should be given not just to the plaintiff's complaint against the insured in the underlying suit but also to the insured's counterclaim against the underlying plaintiff. Pekin Insurance Co. v. Wilson, 2010 WL 1999669 (Ill. May 20, 2010).
June 2, 2010
Wrongful Prosecution Does Not Trigger Coverage
The 7th U.S. Circuit Court of Appeals recently held that a law enforcement liability policy and three commercial general liability policies provided no coverage for a county and its former state's attorney in connection with a claim for wrongful prosecution brought by a man whose conviction for murder had been overturned by federal court. National Casualty Co. v. McFatridge, 2010 WL 1688513 (7th Cir. Apr. 28, 2010).
May 19, 2010
Judge: A Place Of Occurrence Is A Place Of Injury
The 7th U.S. Circuit Court of Appeals, interpreting Illinois law, recently held that a commercial general liability policy that excluded coverage for occurrences within the United States, did not apply to lead-paint injuries in the United States caused by the allegedly negligent manufacture of the products in China. ACE American Insurance Co. v. RC2 Corporation, Inc., 2010 WL 1267293 (7th Cir. April 5, 2010).
May 5, 2010
Common Carrier Gets Benefit of Two Coverages
The 1st District Appellate Court recently held that a common carrier's own liability insurer, and the insurer of a vehicle lessor, each provided primary coverage for an accident involving a driver of the common carrier using a leased vehicle. American Service Insurance Co. v. Jones, 2010 WL 1254856 (1st Dist. March 31, 2010).
April 21, 2010
Vehicle Passengers Entitled To UIM Coverage
The Illinois Supreme Court recently held that passengers in a vehicle who are entitled to uninsured motorist coverage provided by the vehicle owner's insurer, cannot be excluded by the insurer from coverage for a like amount of under-insured motorist coverage. Schultz v. Illinois Farmers Insurance Co., 2010 WL 966206 (Ill. Mar. 18, 2010).
April 7, 2010
No Professional Liability Coverage Available For Dispute
The 1st District Appellate Court recently held that no coverage was available to an attorney under a lawyer's professional liability policy, for claims against the attorney in either a civil suit or a disciplinary proceeding, based on allegations that the attorney charged a contingent legal fee in excess of that allowed by statute. Continental Casualty Co. v. Donald T. Bertucci, Ltd., 2010 WL 1033448 (1st Dist. 2010).
March 31, 2010
Kay and Esposito Publish "Set-Offs" Article in Chicago Daily Law Bulletin
Clausen Miller partner Edward M. Kay and senior counsel Paul V. Esposito published the article "Some People Misread Case Involving Set-offs" in the Chicago Daily Law Bulletin.
March 17, 2010
Estoppel Doctrine Applied To Claims Made Policy
The 1st District Appellate Court recently held that an insurer could be estopped from raising coverage defenses under a claims made policy where the insurer denies coverage without filing a declaratory judgment action, due to an insured's failure to report a claim in a timely manner during the policy period.
March 3, 2010
Court Upsets 11-Month Notice Delay Defense
The 1st District Appellate Court recently held that an 11-month delay by an insured in giving notice of an occurrence may or may not constitute late notice under a CGL policy, depending on the facts, and it therefore reversed the granting of the insurer's favorable summary judgment no coverage determination. Berglind v. Paintball Business Association, 2009 WL 5125671 (1st Dist. Dec. 24, 2009).
February 2010
Bank of Bozeman v. BancInsure: Its Impact on the Reliance and the Direct Loss Requirements
Alex B. Mahler is co-author of "Bank of Bozeman v. BancInsure: What it tells us about the Reliance and Direct Loss Requirements in a Financial Institution Bond," forthcoming for the Fidelity & Surety Committee of the International Association of Defense Counsel. (February 2010).
February 25, 2010
AG Provides Guidance On Investigations
The Illinois attorney general's office provides written opinions as required by law to the governor and other elected and appointed state officers upon legal or constitutional questions relating to the duties of those officers.
February 17, 2010
No Business Loss Coverage Based On Nearby Collapse
In a case of possible nationwide significance, the Arizona Court of Appeals recently held that no first-party interruption-of-business coverage was available to an insured hotel operator whose business operations were adversely affected by the partial collapse of a nearby structure under construction, where the insured's hotel did not sustain any physical damage.
February 10, 2010
Contribution Rights Turn On 'Same Risks'
The 2d District Appellate Court recently held that insurers for two subcontractors whose policies also provided additional insured coverage for the general contractor, covered the "same risks" of the general contractor, thereby entitling one insurer to contribution against the other.
January 20, 2010
Court: Subrogation Waived And Selective Tender Proper
The 1st District Appellate Court recently held that, by seeking a remedy inconsistent with equitable subrogation, a risk-pooling trust waived its right to seek subrogation, and that a selective tender of defense to the trust was effective even though another insurer remained available to provide "standby coverage."
January 6, 2010
Court Addresses Sanctions, De-tender Issues
The 1st District Appellate Court recently held that an award of attorneys fees may be available in coverage disputes between insurers, and that an insurer to whom an insured's defense is initially tendered, may be entitled to damages against another insurer upon a de-tender to the first insurer and a selective tender to the other
December 2, 2009
Court Construes Reciprocal Coverage Provision
The Illinois Supreme Court recently held that a "reciprocal coverage" provision in a commercial trucking insurance policy did not violate Illinois' public policy requiring insurance coverage for permissive users of vehicles. Zurich American Insurance Co. v. Key Cartage Inc., 2009 WL 3470846 (Ill. Oct. 2009).
November 17, 2009
Court Coordinates Successive Claims Made Policies
The 7th U.S. Circuit Court of Appeals recently held that an earlier claims made policy having an extended reporting period that overlapped with a later claims made policy, was a "prior policy" for purposes of policy exclusion in the later policy, which excluded coverage for claims "arising from" professional services reported under a "prior policy."
November 3, 2009
Doctor Can Pursue Claim Despite No-Action Clause
The 2d District Appellate Court recently held that an insured doctor who settled a medical malpractice lawsuit was not barred from seeking partial reimbursement from an insurer that refused to contribute to the settlement, in part on a breach-of-good-faith-duty-to-settle theory, despite a no-action clause in the policy that purported to bar actions against the insurer in the absence of a judgment against the insured. SwedishAmerican Hospital Association of Rockford v. Illinois State Medical Inter-insurance Exchange, 2009 WL 3048427 (Sept. 18).
October 29, 2009
Rauchwerger, Errera, Ferrini & O'Brien Publish: "The Daubert Tango: Recent Developments In Fire and Explosion Litigation"
Rauchwerger, Errera, Ferrini & O'Brien recently published: "The Daubert Tango: Recent Developments In Fire and Explosion Litigation"
October 20, 2009
No Coverage for Claim Over Unsolicited Faxes
The 7th U.S. Circuit Court of Appeals, applying an analysis rejected in Illinois, recently predicted that Iowa courts would find that a claim based on violation of the Telephone Consumer Protection Act, involving the sending of an unsolicited fax, would not trigger coverage under a typical commercial general liability policy. Auto-Owners Insurance Co. v. Websolv Computing, Inc., 2009 WL 2750263 (Sept. 1)
October 6, 2009
Counsel Communications Subject to Inspection
The 1st District Appellate Court recently held that communications between an insurer and its coverage counsel were subject to an in-camera inspection to determine whether they constituted communications for the common benefit of the insurer and its insured; if so, the communications would become subject to production in a coverage dispute between the insurer and insured. Illinois Emcasco Insurance Co. v. Nationwide Mutual Insurance Co., 2009 WL 2424205 (Aug. 6).
September 23, 2009
A Guide to the Family Medical Leave Act of 1993 and New FMLA Regulations, Co-Authored by Jack Murphy
Jack J. Murphy was recently published in the Illinois Association of Defense Trial Counsel Quarterly as a co-author if the IDC Monograph, the feature article of the Quarterly which provides an in-depth analysis of current legal issues. Mr. Murphy has been a member of the Association for three years and is currently on the Employment Law Committee. The article, which he co-authored, is entitled A Guide to the Family Medical Leave Act of 1993 and New FMLA Regulations.
September 22, 2009
Anti-Stacking Clauses Didn't Apply to Divorced Parents
In a case of first impression in Illinois, the 2d District Appellate Court recently held that anti-stacking provisions applicable to under-insured motorist coverage in two automobile insurance policies, limiting the amount of recovery under the policies by common insureds, were not applicable to claims by insureds whose recovery was limited to benefits under only one policy. Economy Premier Assurance Co. v. Jackson, 2009 WL 2184659 (July 17).
August 25, 2009
Insurer Clear to Challenge Settlement
The 2d District Appellate Court recently held that a liability insurer that breached its duty to defend was not estopped from challenging the trial court's finding relating to the reasonableness of the underlying settlement between the insured and plaintiff. Stonecrafters Inc. v. Wholesale Life Insurance Brokerage Inc., 2009 WL 2139386 (July 13).
August 11, 2009
Pro Rata Allocation Applies To Settlement
The 1st District Appellate Court recently held that, although an insurer is entitled to challenge the reasonableness of an underlying settlement reached by an insured, the settlement here was reached in reasonable anticipation of liability; but that the insurer's obligation to indemnify the insured for the settlement, which applied to both covered and non-covered policy periods, would be determined on a pro rata basis. Federal Insurance Co. v. Binney & Smith, Inc., 2009 WL 1905284 (June 30).
July 28, 2009
Conflict Must Be Evident On Face Of Complaint
The 7th U.S. Circuit Court of Appeals recently held that claims against an employer that it intentionally discriminated against employees based on race and gender did not give rise to a conflict of interest requiring that the employer's insurer defend it through the appointment of independent counsel, even though the liability policy covering the employer contained an exclusion from coverage for willful failures to comply with the law. National Casualty Co. v. Forge Industrial Staffing Incorporated, 567 F.3d 871 (7th Cir. June 3, 2009).
July 14, 2009
Carrier Act Does Not Impose Per-Person Limit
The 7th U.S. Court of Appeals recently held that the MCS-90 endorsement to an automobile policy issued to a trucking company, which incorporated compliance with the federal Motor Carrier Act, did not have the effect of expanding coverage under the policy beyond the per-accident limit stated in the policy. Carolina Casualty Insurance Co. v. Estate of Karpov, 559 F.3d 621 (Mar. 17).
June 30, 2009
Conflict Arose Despite Coverage Denial
The 1st District Appellate Court recently held that an insurer may have engaged in a conflict of interest with respect to two insureds, where the insurer provided a defense on behalf of one insured but denied coverage for the other. Country Mutual Insurance Co. v. Olsak, 2009 WL 1361596 (1st Dist. May 13, 2009).
June 16, 2009
Defense Duty Not Based On 3d-Party Complaint
The 1st District Appellate Court recently held that the allegations of an additional insured's third-party complaint against the named insured could not be considered in deciding whether the insurer had a duty to defend the additional insured in an underlying lawsuit by an employee of the insured against the additional insured. National Fire Insurance of Hartford v. Walsh Construction Co., 2009 WL 1393417 (May 18, 2009).
June 2, 2009
No Coverage for Negligent Hiring
The 7th U.S. Circuit Court of Appeals recently held that a contractor-subcontractor exclusion in a comprehensive general liability policy issued to an owner excluded coverage for negligent hiring and supervision claims against the owner in connection with damage to adjacent property allegedly caused by contractors and a subcontractor.
May 19, 2009
Investigator Had No Duty to Report Mold
The 2d District Appellate Court recently held that an insurance investigator searching for evidence of first party water property damage had no duty to report to the insureds mold damage that was not covered by the applicable policy.
May 5, 2009
Late Notice Negates Insurer's Obligation
The U.S. District Court for the Northern District of Illinois recently held that an insurer had no obligation to defend or indemnify a city's police department after receiving late notice of a claim, and, moreover, that the insurer was not estopped to raise the late notice defense even though it did not file for a declaratory judgment prior to entry of judgment in the underlying case.
May 3, 2009
As we celebrate 190 years of the Illinois court's existence, it's worth taking a few minutes to look back. Many Northern District jurists had profound impact on our nation, while others were involved in the most memorable of courtroom trials and moments.
April 21, 2009
Court: No Voluntaty Payment Violation
The 1st District Appellate Court recently held that an insured's settlement of an underlying lawsuit without the insurer's consent, following the insurer's agreement to provide independent counsel for the insured based on the insurer's reservation of rights, did not constitute a violation of the voluntary payments condition in the policy, and coverage for the settlement was not thereby precluded.
April 21, 2009
Court: No Voluntary Payment Violation
The 1st District Appellate Court recently held that an insured's settlement of an underlying lawsuit without the insurer's consent, following the insurer's agreement to provide independent counsel for the insured based on the insurer's reservation of rights, did not constitute a violation of the voluntary payments condition in the policy, and coverage for the settlement was not thereby precluded.
April 7, 2009
Seventh Circuit Provides Lesson on Bank Bonds
The 7th U.S. Circuit Court of Appeals recently held that a financial institution bond that was issued to a bank and that provided insurance coverage for losses "directly from" fraud engaged in by a person present on the bank premises, covered bank losses from bad checks written to the bank even though the failure to honor the checks occurred at a different bank well after the check writer left the premises of the bank to which the bond was issued.
March 24, 2009
Court Applies Coverage to Representative
The 1st District Appellate Court recently held that a vendor's endorsement, by which insurance coverage was afforded to sellers of the insured's products for claims arising from their sale, required the insurer to defend a claim against an entity acting as the manufacturer's representative of the insured, rather than as a re-seller of the insured's products.
February 24, 2009
'Time and Space' Test Applied to Deaths
The Illinois Supreme Court recently held that an insurance company has the burden of proving that the one occurrence limit, rather than the two occurrence limit, applied under a liability insurance policy, and that because of the uncertainty about the timing of two accidental deaths, the insurer did not meet its burden, so that the two occurrence limit would apply.
February 10, 2009
Joint Venture Not a Factor in Coverage
The 1st District Appellate Court recently held that evidence concerning a joint venture, pursuant to which an insured provided services, was ''extrinsic evidence'' and could not be taken into account in determining whether a commercial general liability policy provided coverage for negligence allegations against the insured, which had been sued individually and not in a joint venture capacity.
January 27, 2009
Coverage Issue Severed from Injury
The 1st District Appellate Court recently held that a determination of a tort claimant's rights under an insurance policy issued to the underlying defendant, prior to judgment in the underlying case, does not violate Illinois' rule against direct actions against insurers, and that the homeowner's policy in question did not provide coverage for a claim based on the negligent modification of an automobile.
January 26, 2009
Cut and paste. Never before in the practice of law has this been more prevalent. As a means of efficiency, fine. As a substitute for thinking, bad idea.
One area where we see this most is discovery -- both in questions and objections. Having had the delightful pleasure of reading hundreds of sets of interrogatories and production requests -- a tremendous pastime -- it isn't hard to see the simi-larities. Many are identical. It's as if one person drafted the original tablet and from there we make our modifications.
January 15, 2009
James R. Swinehart First-Party Property Article Recently Published in the ABA Property Insurance Law Newsletter, Winter 2009 Edition
James R. Swinehart recently co-authored an article entitled Midwest Floods 2008: Potential Issues If Property Claims Pour In, in the ABA Property Insurance Law Newsletter’s Winter 2009 edition. This article discusses coverage issues which could arise in first-party property claims made as a result of the flooding in the Midwest in the summer of 2008. The article discusses the exclusions for “flood” and “surface water” and whether a levy failure is considered a “flood.” The article also discusses coverage issues relating to civil authority, ingress/egress, and contingent business interruption where flooding may have damaged property other than the insured’s.
January 13, 2009
'Omnibus Clause' Doesn't Apply to Rental
The 1st District Appellate Court recently held that the "omnibus clause" in an automobile insurance policy -- requiring coverage for persons driving with the per-mission of the insured -- does not require the insurer of a private vehicle to de-fend an action by a car rental company against the insured, who rented a vehicle from the company, and a person to whom the insured gave permission to drive the rented vehicle, for collision damage to the vehicle caused while such other person was driving.
2008
Interpleder
Alex B. Mahler is a co-author of “Interpleder,” a chapter in Causes of Action (EBNPIA), published by Illinois Institute for Continuing Legal Education (2008).
December 16, 2008
Policy Could Cover Contract Case: Court
The U.S. District Court for the Northern District of Illinois recently held that an insurance policy providing management liability coverage could cover claims against the insured for breach of contract. Sigma Chi Corporation v. Westchester Fire Insurance Co., 2008 WL 4722295 (N.D. Ill. Oct. 22).
Fall 2008
Ferrini, O'Brien & Rauchwerger Author Legal Ethics Article on Contacting Current and Former Employee Witnesses
CM partner Dean S. Rauchwerger and associates Allison Ferrini and John O'Brien author "Landing the Knockout Punch: Contacting Another Party's Current and Former Employees Within The Ropes," an article in Subrogator Fall 2008, published by the National Association of Subrogation Professionals (NASP).
December 2, 2008
Court Finds Duty To Defend Despite Tender
The U.S. District Court for the Southern District of Illinois recently held that an auto dealer/garage's targeted tender of the defense of a lawsuit arising from an accident, allegedly caused by the dealer's employee while driving a customer's car, to the customer's insurer was not effective as potentially violating Illinois public policy recognized by legislation requiring the dealer to maintain its own liability coverage.
December 1, 2008
'Twas The Night Before Trial
Lawyer spoof on "'Twas The Night Before Christmas."
November 18, 2008
Court Finds No General Liability Coverage
The 1st District Appellate Court recently held that a certificate of insurance and contractual requirements requiring a prospective additional insured to be added as an additional insured with respect to certain types of insurance, were not sufficient to confer additional insured status for commercial general liability purposes.
November 2008
We all get that call from a friend. "Hey, sorry to bother you, but I got a little legal problem and could really use your help."
That little legal problem usually is the most emotional fight of the year, over the smallest amount of money, and takes more hours than the caller ever imagined.
October 21, 2008
Agreement Didn't Add Name To Policy
The U.S. District Court for the Northern District of Illinois recently held that a general contractor was not an additional insured on a subcontractor's general liability insurance policy that required that additional insureds be added by written contract, despite language in the written subcontract agreement between the general contractor and subcontractor requiring the subcontractor to procure and maintain liability insurance.
October 7, 2008
Court Finds Duty To Defend in Wire Case
The U.S. District Court for the Northern District of Illinois, applying Illinois law, recently held that a commercial general liability insurer had a duty to defend a wire manufacturer in a lawsuit by a customer claiming that the manufacturer's defective wire had caused the failure of products incorporating the wire which were produced and sold by the customer.
October 2008
We pretty much know what the candidates say they would do for our personal lives, but what impact would each have on our profession?
September 2008
No Duty Owed In Wrongful-Death Case
The 1st District Appellate Court recently held that an agent for an insurance company owes no tort duty to a prospective insured in connection with the issuance of a life insurance policy, so long as no agency relationship with the prospective insured has been established and so long as the agent has not induced detrimental reliance by the prospective insured.
September 9, 2008
Court: Decision to Defend Not Binding
As a matter of first impression, the 2d District Appellate Court recently held that the Illinois Insurance Guaranty Fund was not bound by a waiver of policy defenses arising from an insolvent insurer's defense of an insured without a reservation of rights. Illinois Insurance Guaranty Fund v. Santucci, 2008 WL 3318368 (2d Dist. Aug. 8).
August 26, 2008
Insurer Wins Reimbursement for Payments
The 7th U.S. Circuit Court of Appeals recently applied an analysis under the Employment Retirement Income Security Act to disability benefits received by a medical doctor under a group disability plan, and found that the doctor, while unable to continue working as a surgeon, was not completely disabled and therefore no longer entitled to benefits, and, moreover, he was obligated to reimburse the insurer for certain payments already received.
Spring/Summer 2008
Product Liability Blackjack (21) Ways To Win, Bust or Fold!
CM Partner Rauchwerger and Associates Errera, Ferrini, O’Brien and Bryer author "Product Liability Blackjack (21) Ways To Win, Bust or Fold!," an article in Subrogator, Spring/Summer 2008 Issue, published by National Association of Subrogation Professionals (NASP).
August 2008
Partner David Heilmann's article "Do We Really Need An Office?" was published in the August 2008 edition, Volume 31, Number 8 of Chicago Lawyer.
Summer 2008
Jordan Published in Property Insurance Law Committee Newsletter
Tracey A. Jordan recently authored an article for ABA's Property Insurance Law Committee Newsletter, Summer 2008, entitled "Foreclosure Proceedings May Constitute An 'Increase In Hazard' Under A Standard Homeowners Property Policy."
July 2008
Partner David Heilmann's article "Do We Really Need An Office?" was published in the July 2008 edition, Volume 31, Number 7 of Chicago Lawyer.
July 7, 2008
The Decline of the So-Called Doctrine of Continuing Bad Faith
Alex Mahler recently co-authored "The Decline of the So-Called Doctrine of Continuing Bad Faith", which appeared in the ABA's Tort, Trial & Insurance Practice Law Journal (Winter 2008).
June 2008
Partner David Heilmann's article "Do We Really Need An Office?" was published in the June 2008 edition, Volume 31, Number 6 of Chicago Lawyer.
May 2008
Partner David Heilmann's article "Do We Really Need An Office?" was published in the May 2008 edition, Volume 31, Number 5 of Chicago Lawyer.
May 2008
Liability Under The Anti-Terrorism Exception To The Foreign Sovereign Immunities Act: An Expanding Definition Of “Material Support Or Resources”
This article examines the anti-terrorism exception to the Foreign Sovereign Immunities Act, which permits U.S. courts to maintain jurisdiction over a foreign state where that state engages in an act of terrorism or provides "material support or resources" to a terrorist organization.
May 14, 2008
Reinsurance - Brazil: A Tentative Step Towards An Open Market?
Iwam Jaeger, Jr. and Clausen Miller LLP solicitor Celso de Azevedo's article covers the need for international reinsurers to continue a dialogue with Brazilian regulators to facilitate positive changes and maintain a viable and competitive local reinsurance market.
May 12, 2008
Marmor Authors Chapter in Book, "The Surety's Indemnity Agreement--Law & Practice."
Clausen Miller partner Randall I. Marmor authored a chapter, entitled “Complementary Provisions of the Surety’s Indemnity Agreement,” which appears in the book, The Surety’s Indemnity Agreement—Law and Practice, Second Edition, published by the American Bar Association.
May 2008
Ruling Allows State To Seek Contributions
The Illinois Supreme Court recently held that, despite language in the federal Medicare Catastrophic Coverage Act stating that no income of the spouse of an individual in a nursing home is to be ''deemed available to the institutionalized spouse,'' the State of Illinois is not prohibited from seeking a contribution for the institutionalized person's care from his or her spouse. Poindexter v. State of Illinois, 2008 Ill. Lexis 307 (April 3).
April 2008
Do We Really Need An Office?
Partner David Heilmann's article "Do We Really Need An Office?" was published in the April 2008 edition, Volume 31, Number 4 of Chicago Lawyer.
March 27, 2008
Smith Publishes "A Closer Look at IP Changes"
Jim Smith has recently published a chapter captioned "A Closer Look at IP Changes" in Aspatore Thought Leadership's Treatise on Intellectual Property Law 2008.
March 15, 2008
Support Didn't End With Parental Rights
The Illinois Supreme Court, over dissent, recently held that a father had an obligation to continue to pay child support even following entry of a court order terminating all his parental rights. Illinois Department of Healthcare and Family Services v. Warner, 2008 Ill. Lexis 3 (Jan. 25).
March 11, 2008
Support Didn't End With Parental Rights
The Illinois Supreme Court, over dissent, recently held that a father had an obligation to continue to pay child support even following entry of a court order terminating all his parental rights. Illinois Department of Healthcare and Family Services v. Warner, 2008 Ill. Lexis 3 (Jan. 25).
March 2008
Brackets? We Don’t See No Stinkin’ Brackets
Partner David Heilmann's article "Brackets? We Don’t See No Stinkin’ Brackets" was published in the March 2008 edition, Volume 31, Number 3 of Chicago Lawyer.
February 25, 2008
Severance Money Is Not An Improper Gift
The 1st District Appellate Court recently held that a severance package, triggered by a village manager's termination by an outgoing village board of trustees, did not constitute an improper gift of public funds and was not otherwise violative of applicable statutory provisions. Village of Oak Lawn v. Faber, 2007 Ill.App. Lexis 1356 (Dec. 21, 2007).
February 2008
No Talking In Court
Partner David Heilmann's article "No Talking In Court" was published in the February 2008 edition, Volume 31, Number 2 of Chicago Lawyer.
February 1, 2008
Recent Developments in Case Law Involving Builders' Risk Insurance
In this article by CM Partner Jim Hoey, he addresses all aspects of the Builders' Risk Policy.
January 2008
Lawyers Are Your Juries Paying Attention?
Judge Judy and Judge Posner. You have just witnessed history the first time those two have ever been in the same sentence.
One is the most often cited appellate court judge in the country; the other makes $25 million a year. And while Posner would never suggest that trials should resemble the "Judge Judy" courtroom, his recent dissent in the appeal by now-Wisconsin resident George Ryan contained some telling trial advice for lawyers.
December 2007
CM Attorney John F. O’Brien III, recently contributed three chapters for Volume 23 of the Illinois Practice Series on Automobile Insurance, published by Thomson West in December 2007.
December 2007
STUDY: Chicago Lawyers Found To Be Happy And Smart
Happy Holidays. You'll start seeing that just about everywhere now. So the thought was to write something uplifting about our profession to coincide with the time of year.
Can't tell you the number of cheery items I found.
Lawyers have one of the most stressful jobs in the country. (Men's Journal, citing the Bureau of Labor Statistics (Feb. 2004)),
Employees in law firms were the most prone to moderate to severe depression. Lawyers were the most likely to try to mask their symptoms with alcohol or drugs. (The Annual Professions Study, Beaton Consulting (2007)).
November 26, 2007
FACTA Or Fiction? Printing Electronic Credit Card Receipts Can Cost A Business Millions Of Dollars
Since December 4, 2006, a flood of new class action cases have been filed against business owners around the nation. The complaints typically accuse business owners of placing consumers at risk for identity theft by failing to truncate card numbers and expiration dates on credit card and debit card receipts provided to cardholders during business transactions.
November 14, 2007
Negotiating IP From The Next Door Neighbor's Perspective
James F. Smith wrote a chapter in the recent publication Maximizing Intellectual Property Value entitled "Negotiating IP From The Next Door Neighbor's Perspective."
November 2007
Time To Bring Our Courts Into The 21st Century
What should Chicago lawyers look for in the upcoming O.J. armed robbery trial? Nothing from the lawyers, because we're smarter than they are. Now that we've all accepted that as fact we can move on.
October 22, 2007
Is Benzene The New Legal Battlefield?
Partner Robert Gilmartin's article "Is Benzene the New Legal Battlefield?" was published in the October 22, 2007 edition of National Underwriter.
Fall 2007
Time Element Coverages In Business Interruption Insurance
K. Clarke Schirle authored this article for the Fall 2007 issue of The Brief.
August 20, 2007
Carbon Reduction Efforts Present Liabilities, Opportunities
London attorney, Jason Reeves, has recently been published in Business Insurance. His article entitled "Carbon Reduction Efforts Present Liabilities, Opportunities" discusses how carbon reductions schemes affect business interruption.
July 25, 2007
Failure To Disclose Can Cost A Lot More Than Dollars
Clausen Miller partner David Heilmann's article "Failure to Disclose Can Cost a Lot More Than Dollars?" was first published in Chicago Lawyer.
July 20, 2007
An Introduction to Insurance in China
It is no secret that economic growth has exploded in China in recent years. China makes many of the world’s industrial and consumer products or their component parts. China’s exports also include pharmaceutical, agricultural and consumer food products. Its insurance market is catching up with its booming economy.
June 8, 2007
No Tax Credit Without Substantiation
Clausen Miller partner David Heilmann's article "No Tax Credit Without Substantiation" was first published in Chicago Lawyer.
May 24, 2007
Reinsurance: Brazil - Tempting Fate
With the Brazilian reinsurance market poised to open up to international players, Iwam Jaeger Jr and Celso de Azevedo detail the regulatory changes and urge interested parties to make their views heard before it is too late.
Clausen Miller attorney Celso de Azevedo's article "Reinsurance: Brazil- Tempting Fate" was first published in Post Magazine.
May 9, 2007
How Much More Concern For The Children Can We Take?
Clausen Miller partner David Heilmann's article "How much more concern for the children can we take?" was first published in Chicago Lawyer.
April 4, 2007
It's All About The Children Of Illinois
Clausen Miller partner David Heilmann's article "It's All About The Children of Illinois" was first published in Chicago Lawyer.
March 27, 2007
Practical Carbon - Green Business
"Practical Carbon - Green Business" is part three of a four part series on carbon schemes that ran in Post Magazine on March 15, 2007. John Startin and Jason Reeves introduce carbon-cutting green technology and the potential for unexpected losses.
March 27, 2007
Practical Carbon - An Introduction to Emissions Trading
"Practical Carbon - An Introduction to Emissions Trading" is part one of a four part series on carbon schemes that ran in Post Magazine on March 1, 2007. This article is intended to highlight the relevance of carbon value to insurers and specifically those involved in business interruption, John Startin and Jason Reeves explain the background of why an environmental issue is fast becoming a financial one.
March 27, 2007
Practical Carbon - Dirty Business
"Practical Carbon - Dirty Business" is part two of a four part series on carbon schemes that ran in Post Magazine on March 8, 2007. Following "Practical Carbon - An Introduction to Emissions Trading, John Startin and Jason Reeves explore mitigation opportunities and liabilities arising from a typical outage of a carbon-emitting facility.
March 27, 2007
Practical Carbon - Problems, Solutions and Opportunities
"Practical Carbon - Problems, Solutions and Opportunities" is the last of a four part series on carbon schemes that ran in Post Magazine on March 22, 2007. John Startin and Jason Reeves look to future strategy options for mitigation losses and clarifying liabilities.
March 26, 2007
Drowning In Black Water: Water Restoration Contractors' Deviations From Industry Good Practices and Standards Of Care Trigger Potential Mold Liabilites
Clausen Miller Partner, Dean S. Rauchwerger, and Associates, Michael S. Errera, Allison K. Ferrini and John F. O'Brien author a one-of-a-kind article, "Drowning In Black Water: Water Restoration Contractors' Deviations From Industry Good Practices & Standards Of Care Trigger Potential Mold Liabilities," was recently published in the Subrogator's Winter 2007 edition. It provides practical insights and the strategic liability hot-buttons for developing mold recovery claims against water restoration contractors.
March 16, 2007
Courthouse Security - A Matter To Be Taken Seriously
Partner David Heilmann's article "Courthouse Security - A Matter To Be Taken Seriously" was first published in Chicago Lawyer.
March 1, 2007
"Chancery and Special Remedies" Subrogation Chapter Update
Bob Gilmartin has recently published the 2006 supplement of his chapter on Subrogation from the handbook "Chancery and Special Remedies" published by the Illinois Institute of Continuing Legal Education.
February 15, 2007
I Before E? Not Anymore: Fifth Letter Gains Status
Partner David Heilmann's aritcle "I Before E? Not Anymore: Fifth Letter Gains Status" was first published in Chicago Lawyer.
January 15, 2007
Michael Patrick Flanagan O'Reilly McMurphy Wins Retention!
Partner David Heilmann's article "Michael Patrick Flanagan O'Reilly McMurphy Wins Retention!" was first published in Chicago Lawyer.
Fall 2006
Measuring Damage in a Megaloss If "Like Kind and Quality" Does Not Exist
Attorney Clark Schirle recently published his article, "Measuring Damage in a Megaloss If 'Like Kind and Quality' Does Not Exist" in the American Bar Association's The Brief.
December 2006
The Continuing Agony of Ethics Requirements
Partner David Heilmann's article "The Continuing Agony of Ethics Requirements" was first published in Chicago Lawyer, Volume 29, No. 12.
December 4, 2006
Liability of Payee for Accepting Fraudulent Checks in Payment of a Fiduciary's Personal Debt
Randy Marmor's article, Liability of a Payee for Accepting Fraudulent Checks in Payment of a Fiduciary's Personal Debt, is published in the Fidelity Law Journal. XII Fid.L.J. 49 (2006).
November 2006
The Ownership Provision
Analysis of cases interpreting the ownership provision in commercial crime policies and other fidelity bonds, and the impact of that provision on the compensability of losses sustained by a third party as a result of an employee’s fraud. ANNOTATED COMMERCIAL CRIME POLICY (November 2006).
November 1, 2006
2006 Desk Reference: A Guide To State And Federal Appellate Practice
The Clausen Miller Appellate Practice Group is please to provide you with the 2006 Desk Reference: A Guide to State and Federal Appellate Practice. The guide provides an overview of state and federal filing deadlines for post-trial motions and notices of appeal, deadlines that often are a matter of mere days.
October 18, 2006
The BIG Daubert Hurdles In Fire & Explosion Litigation
Partner Dean S. Rauchwerger and Associates Michael S. Errera, Allison K. Ferrini and John F. O'Brien recently published their article, "The BIG Daubert Hurdles In Fire & Explosion Litigation," in the Fall 2006 Subrogator.
October 18, 2006
The BIG Daubert Hurdles In Fire & Explosion Litigation
CM Partner Dean S. Rauchwerger and Associates Michael S. Errera, Allison K. Ferrini and John F. O'Brien recently published their article, "The BIG Daubert Hurdles In Fire & Explosion Litigation," in the Fall 2006 Subrogator.
October 5, 2006
Editor, Annotated Commercial Crime Policy (2d ed. 2006)
Cole S. Kain is the editor for Annotated Commercial Crime Policy (2d ed. 2006).
August 29, 2006
Can an Insider Recover Against its Own Payment or Performance Bond? The Effect of the Principal's Proprietary Interest in the Claimant on the Surety's Payment and Performance Bond Liability
Keith Flanagan publishes article in ABA/TIPS Fidelity & Surety Committee Newsletter in the summer of 2006.
August 24, 2006
Keeping Pace With Constant Change
Partner Harvey R. Herman recently wrote a chapter in the securities book Understanding The Laws Behind Securities Transactions.
Summer 2006
Southern Illinois Law Journal, Survey of Law: Insurance 2006
Clausen Miller partner David Roe provides an in-depth analysis and review of Illinois insurance law announced during the proceeding court term, summarizing significant decisions announced throughout the year and placing them in perspective in light of legal trends, societal changes and developments in the law.
Spring/Summer 2006
"Top-Dog Depositions" The Hurdles to Overcome
Partner Dean S. Rauchwerger and Associate Michael Errera recently published an article in the Subrogator Spring/Summer 2006 issue. The article is entitled "Top-Dog Depositions" The Hurdles to Overcome. This article discusses what are commonly called "Apex Depositions" and four highly contested obstacles that may arise from the need of a "Top-Dog" Deposition.
June 28, 2006
Partner Dean S. Rauchwerger and Associates Paul D. Kerpan and Leon S. Gill recently published an article, Alternative Ways For Opening the Door to Evidence of "Other Conduct" That Would Otherwise Not Be Admitted, in the Subrogator Spring/Summer 2006 issue. This article contains a synopsis of strategic methods and insights for proffering evidence of character for a non-propensity purpose, habit, subsequent remedial measures and prior occurrences/failures.
June 1, 2006
Taking a Closer Look for Deep Pockets, 17 PRAC. LITIGATOR 7
Dean S. Rauchwerger, Michael S. Errera, & Cheri L. Baden recently published an insightful article, Taking a Closer Look for Deep Pockets, 17 PRAC. LITIGATOR 7 (May 2006), in the May 2006 issue of The Practical Litigator, a publication of the American Law Institute-American Bar Association. The article discusses alternative corporate liability recovery theories, such as successor liability and piercing the corporate veil, with case law examples, practical areas of inquiry and form checklists. If you are interested in an in-house client seminar on this topic or wish a copy of the article, please contact CM Partner, Dean Rauchwerger at drauchwerger@clausen.com.
June 2006
Partner, Dean S. Rauchwerger and Associates, Michael S. Errera and Allison K. Baten were published in the June 2006 issue of Columns Drugs & Supplements. Manufacturers, importers, distributors and retailers have the obligation to place only those products that are safe for use into the stream of commerce.
March 28, 2006
Pharmacists' Duty to Warn: A Nationwide Survey
The Clausen Miller Appellate Practice Group is pleased to provide you with this nationwide survey of pharmacists’ duty to warn customers of dangers associated with prescription drugs.
March 22, 2006
Recent Developments in the Welding Rod Wars: Mixed Verdicts and Adverse News for Insurers on the Total Pollution
Partner, Amy Rich Paulus and Associate Jane S. Freud wrote this article on welding rods. Recently, Plaintiffs scored wins in Illinois and New York, only to be followed by a defense verdict in Illinois on virtually the same evidence. New York’s appellate division affirmed a ruling linking welding rod fumes to mesothelioma and cancer claims. Yet, challenges to plaintiffs’ medical experts in the federal multi-district litigation in Ohio may take a similar turn as that culminating in Judge Jack’s opinion in the silica cases. So, exactly what is the state of the science on causation? And how serious are the medical monitoring claims?
March 2, 2006
Underwriters Laboratories - Exploring the Forgotten Island in the Litigation Seas
Partner Dean S. Rauchwerger and Associate Michael S. Errera recently published an article in the Subrogator Magazine, Winter 2006. This article pertains to Underwriters Laboratories Inc. (“UL”) and its product safety evaluations in products liability actions.
March 2, 2006
Product Liability: The Top 30 Hooks!
Partner Dean S. Rauchwerger and Associate Michael S. Errera recently published an article in the Subrogator Magazine, Winter 2006. In this article there is a bottom-line punch list of the
hooks that must be explored if you are to be on the winning side, at the end of the journey, as a plaintiff with the burden of proof to show an unsafe or unreasonably dangerous product or as a defendant with the burden to defend the product and its manufacturing, marketing and post-sale
practices.
February 14, 2006
Getting the Winning Edge: Appreciating the Permissible Boundaries, in Qui Tam and Other Litigation Context, For Contacting Your Adversary's Current & Former Employees
Partner Dean S. Rauchwerger and Associates Shawn K. Jones and Allison K. Baten recently published an article in the TAF Quarterly Review, Volume 4, January 2006. This article is a general discussion of the ethical boundaries and practical tips for effectively contacting and interviewing your adversary's current and former employees.
December 28, 2005
Obtaining Bank Examination and Suspicious Activity Reports in the Investigation of Financial Institution Bond Claims
Partner Randall I. Marmor was published in Tort Trial & Insurance Practice Law Journal. This article discusses the relevance of bank examination reports to a fidelity claim investigation and analyzes banking agency regulations that may impact an insurer’s ability to obtain and use such reports. 39 Tort Trial & Ins. Prac. L.J. 947 (2004).
October 31, 2005
Cybersmear: Not Something You Put on a Bagel
Jim Barber, Clausen Partner and Chair of its Employment Practices Group, has co-authored a paper on the topic of Cybersmear with a nationally recognized team of employment lawyers. The paper has been published by the American Bar Association in its Employment Rights and Responsibilities Committee Newsletter.
October 31, 2005
New Bond Application Leads to Novation & Indemnitor Discharge
William J. Hacker reports on an interesting Illinois case in which a new bond application is held to constitute a novation leading to the discharge of an original indemnitor. This article was published in the IADC newsletter.
October 24, 2005
Courageous Whistleblowers Are Not "Left Out in the Cold": Legitimate Justifications Exist for Collecting Evidence of False Claims Act Violations
Clausen Miller attorneys are published in False Claims Act and Qui Tam Quarterly Review. This article briefly addresses an employee’s general duty of loyalty owed to his or her employer and its significant exceptions. It further examines the strong public policy and Congressional intent behind the FCA.
September 19, 2005
Meeting the Challenges of Illinois Bad Faith Law
Bad faith, or breach of the implied covenant of good faith and fair dealing, continues to be a hotly litigated issue in Illinois courts. The closer we can come to understanding the forces behind the continuing expansion in Illinois bad faith law, the more effective are the steps we can take to prevent bad faith exposures. Two CM attorneys, Amy Rich Paulus and Jane S. Freud tackle this topic in this article on bad faith law.
June 22, 2005
Building Your Product Liability Claim: A Product Supplier's Obligations Under the Consumer Product Safety Act
This article can be found in the Subrogator 2005 Spring/Summer Issue. Dean S. Rauchwerger, Michael S. Errera, Cheri L. Baden, and Allison K. Baten are co-authors of this article.
May 1, 2005
2005 Desk Reference: A Guide to Nationwide Appellate Practice
A Guide to Nationwide Appellate Practice
April 8, 2005
Current Issues in Concurrent Causation
Clausen Miller Partners, James M. Hoey and Erin E. Moran co-authored this paper for the Defense Research Institute. The paper discusses how courts have developed different rules for dealing with first-party property losses involving two or more causes.
February 22, 2005
How "What We Learned in Little League" Paves the Way for Winning Litigation!
Dean S. Rauchwerger's article can be found in the Subrogator 2005 Spring/Summer Issue. Winning the game of baseball requires the three "Cs" - Confidence, Concentration, and Coordination. This article addresses those simple lessons from many years ago as the same winning ingredients of successful litigation.
2005
Southern Illinois Law Journal, Survey of Law: Insurance 2005
Clausen Miller partner David Roe provides an in-depth analysis and review of Illinois insurance law announced during the recent court term. This law review publication summarizes significant decisions announced throughout the year and places them in perspective in light of legal trends, societal changes and developments in the law. Published by the Southern Illinois Law School, this comprehensive analysis of the law covers all aspects of insurance from personal lines to commercial lines, and homes to businesses. It is unmatched by any other single legal publication in its depth and scope.
November 2004
The Compensability of Third Party Losses
Analysis of whether fidelity coverage applies to an insured’s vicarious liability for losses sustained by a third party attributed to its employee’s fraud, and whether the third party may pursue a direct action against the insured’s fidelity bond. Chapter appears in the American Bar Association publication, Commercial Crime Policy (November 2004).
October 15, 2004
Informed Consent Makes A Difference in LASIK Litigation
"Informed Consent Makes A Difference in LASIK Litigation" was published in Ophthalmology Times on October 14, 2004.
2004
Bankruptcy and Insurance Law Manual
The Basics of Insurance Law for the Bankruptcy Professional and the Basics of Bankruptcy Law for the Insurance Professional, published by the American Bankruptcy Institute.
September 14, 2004
Going Toe-to-Toe With Your Opposing Expert
Clausen Miller Partner Dean S. Rauchwerger and Associate Michael S. Errera authored this article which was published in the Spring/Summer 2004 issue of the Subrogator. This article addresses the ways to tackle the opposing expert during the recovery process.
September 1, 2004
Introduction to the Federal Circuit Courts of Appeal
Clausen Miller's Appellate Practice Group has recently prepared a concise overview of the federal appellate courts entitled, Introduction to the Federal Circuit Courts of Appeal. To obtain a copy of this handy reference guide, please contact Melinda S. Kollross at (312) 606-7608 or mkollross@clausen.com.
Summer 2004
Claims Under Financial Institution Bonds for Losses Due to Credit Card Chargebacks
Analyzes whether a credit card chargeback loss is a variation of a loan loss and therefore is excluded from coverage under a financial institution bond. 33 The Brief, No. 4 (Summer 2004).
2004
Commercial Crime Policy, Second Edition
Comprehensive American Bar Association publication addressing the scope of coverage under commercial crime policies. (Editor and program chair, 2004).
May 1, 2004
Slipping Toward Litigation: Mistakes Physicians Make When Complications Develop
"Slipping Toward Litigation: Mistakes Physicians Make When Complications Develop" was published by Ophthalmic Mutual Insurance Company in the Spring of 2004.
April 1, 2004
Clausen Miller Partners Edward M. Kay of the firm’s Appellate Practice Group and Kimbley Kearney of the Admiralty and Maritime Practice Group recently won a landmark victory representing Southern Illinois Riverboat, d/b/a/Players Island Casino on appeal in John Howard v. Southern Illinois Riverboat Casino, ___F.3d.___, 2004 WL 758414 (7th Cir. 2004).
2004
Southern Illinois Law Journal, Survey of Law: Insurance 2004
Clausen Miller partner David Roe provides an in-depth analysis and review of Illinois insurance law announced during the recent court term. This law review publication summarizes significant decisions announced throughout the year and places them in perspective in light of legal trends, societal changes and developments in the law. Published by the Southern Illinois Law School, this comprehensive analysis of the law covers all aspects of insurance from personal lines to commercial lines, and homes to businesses. It is unmatched by any other single legal publication in its depth and scope.
January 1, 2004
Post-Trial Motions (Civil), A Defense Lawyer's Guide to Appellate Practice
Partner Melinda S. Kollross wrote a chapter in the Defense Research Institute's A Defense Lawyer's Guide to Appellate Practice in 2004.
January 2004
The Interplay Between the Uniform Commercial Code and Financial Institution Bonds
In-depth analysis of coverage for check fraud claims under financial institution bonds and a financial institution’s liability for check fraud losses under the Uniform Commercial Code. Presented to the American Bar Association, Fidelity & Surety Law Committee, mid-winter meeting (January 2004).
June 2003
Setting Off Surpluses Against Deficits on Bonded Projects: Looking Backward
Analyzes the surety’s right to apply surpluses against losses on multiple bonded projects involving the same principal. Presented to the Surety Claims Institute annual meeting (June 2003).
May 19, 2003
Let's Make a Deal: Binders and the Creation of the Property Insurance Contract
CM Partner Jim Hoey presented this paper at a seminar held by the Property Insurance Law Committee. The paper discusses the application of insurance coverage and how offers are created and drawn.
2003
Notice of Legal Proceedings Against Insured - Election to Defend
Reviews the insurer’s right to defend an insured under a financial institution bond. Chapter appears in the American Bar Association publication, Annotated Financial Institution Bond (2d ed. 2003).
March 1, 2003
Challenging "Good Faith" Settlements in Illinois
Challenging "Good Faith" Settlements in Illinois, Trial Briefs (Illinois State Bar Ass'n, March 2003)
January 2003
To Litigate or Not to Litigate...And What?
Addresses issues claims professionals should consider when deciding whether to litigate a disputed claim, including litigation strategy, forum selection, substantive claims and third party practice. Presented to the American Bar Association, Fidelity & Surety Law Committee, mid-winter meeting (January 2003).
2003
Southern Illinois Law Journal, Survey of Law: Insurance 2003
Clausen Miller partner David Roe provides an in-depth analysis and review of Illinois insurance law announced during the recent court term. This law review publication summarizes significant decisions announced throughout the year and places them in perspective in light of legal trends, societal changes and developments in the law. Published by the Southern Illinois Law School, this comprehensive analysis of the law covers all aspects of insurance from personal lines to commercial lines, and homes to businesses. It is unmatched by any other single legal publication in its depth and scope.
September 6, 2002
Clausen Miller Partners Ed Ozog and Kim Kearney contributed to this paper which was published in the TIPS Journal in the Fall of 2000. This paper will explore the potential impact of the “follow the fortunes” and uberrima fides doctrines on a reinsurer’s ability to control its losses and provide recommendations which may help to ensure that the reinsurer can enforce its bargain to indemnify the cedant only for losses insured against.
January 2, 2002
Recent Developments in Fidelity Law
A summary of all recent U.S. cases addressing claims under fidelity and financial institution bonds and crime coverages – published annually in the Tort and Insurance Law Journal (American Bar Association) and semiannually in the Defense Counsel Journal (International Association of Defense Counsel).
2002
The Strategic Use of Declaratory Judgment Actions in Fidelity Litigation
Comprehensive review of the substantive, tactical and procedural issues impacting a fidelity insurer’s decision whether to file a pre-emptive declaratory judgment action. Presented to the Fidelity Law Association annual meeting. VII FID.L.J. 41 (2002).
2002
Southern Illinois Law Journal, Survey of Law: Insurance 2002
Clausen Miller partner David Roe provides an in-depth analysis and review of Illinois insurance law announced during the recent court term. This law review publication summarizes significant decisions announced throughout the year and places them in perspective in light of legal trends, societal changes and developments in the law. Published by the Southern Illinois Law School, this comprehensive analysis of the law covers all aspects of insurance from personal lines to commercial lines, and homes to businesses. It is unmatched by any other single legal publication in its depth and scope.
January 2002
The Surety's Right to Settle Claims
Examines the scope of the surety’s right of settlement under the general indemnity agreement. Chapter appears in the American Bar Association publication, The Surety's Indemnity Agreement - Law and Practice (January 2002).
August 2001
Liability for Loss Occurring Prior to Effective Date of Bond
Discusses the probate bond surety’s retrospective liability for losses preceding the effective date of coverage. Chapter appears in the American Bar Association publication, Law of Probate Bonds (August 2001).
1999, 2001 & 2005
Addresses whether an insured can recover under employee dishonesty coverage for loss caused by a person who has a substantial ownership interest in the insured. Chapter appears in the American Bar Association publication, Handling Fidelity Bond Claims (1999 and 2d. ed. 2005), and at VI Fid. L.J. 217 (2001).
2001
The Compensability of Third Party Losses
Analysis of whether fidelity coverage applies to an insured’s vicarious liability for losses sustained by a third party attributed to its employee’s fraud, and whether the third party may pursue a direct action against the insured’s fidelity bond. VII Fid.L.J. 115 (2001).
Winter 1988
When to Use Polygraph Evidence
Partner Robert Gilmartin published “When to Use Polygraph Evidence” in the Winter 1988 edition of The Brief (American Bar Association).
October 2000
Discusses the cancellation of surety bonds under several scenarios prior to and after commencement of a principal’s bankruptcy case. Presented to the National Bond Claims Association annual meeting (October 2000).
August 1999
Engineering and the Law
Partner Robert Gilmartin published “Engineering and the Law” in the August 1999 edition of PM Engineer.
Summer 2000
Defending Liability Insurance Carriers in Coverage Disputes
This article can be found in the DRI: Young Lawyers Form Book. It highlights various coverage issues which may arise under a general liability policy, such as: What constitutes “bodily injury” or “property damage”? What is an “occurrence”? What does “legally obligated to pay” really mean? How do the policy exclusions apply? What policy conditions may come into play? The article discusses procedural considerations, substantive coverage defenses and discovery strategies to use when defending a liability carrier. It also includes example pleadings and discovery requests.
June 1998
Forged Signatures and Improper Notarizations on General Indemnity Agreements
Presented to the Surety Claims Institute annual meeting (June 1998).
June 1999
Criminal Restitution and Forfeiture - An Alternative to Traditional Salvage?
Analysis of whether insurers can rely on federal and state restitution and forfeiture orders to effect salvage. Includes a 50-state survey of criminal restitution statutes. Presented to the Surety Claims Institute annual meeting (June 1999).
January 1998 & Spring 1999
How to Prepare and Present a Fidelity Claim: Advice for the Insured
Presented to the American Bar Association, Fidelity & Surety Law Committee mid-winter meeting (January 1998), and published in The Brief, Vol. 28, No. 3 (Spring 1999).
2000
Intentional Acts and Declaratory Actions
Clausen Miller Partner, David Roe, authors Intentional Acts and Declaratory Actions (2000).
1985 & 1991
Limits of Liability
Cases and commentary relating to cumulation of policy limits under commercial blanket bonds when losses accrue over multiple policy terms. Chapter published in the American Bar Association’s Commercial Blanket Bond Annotated (1985 & 1991 supplement).
1995
Federal Regulatory Reports: Getting Them and Using Them in a Financial Institution Bond Case
Presented to the Chicago Surety Claims Association (1995).
1996
Presented to the National Bond Claims Association annual meeting (1996).
2000
Waiver of Kotecki Limitation Through Indemnity Agreements
Clausen Miller Partner, David Roe, authors Waiver of Kotecki Limitation Through Indemnity Agreements (2000).
1999
Banking Industry Standards Relevant to Coverage and Recoveries Under the Revised Uniform Commercial Code
An examination of revised Article 4 of the UCC and banking industry standards and their impact on fidelity insurers’ coverage and salvage considerations. IV Fid. L.J. (1999).
January 1997
Overpayment of the Principal as a Defense to the Surety
Examines when the owner’s overpayment of the bond principal, in violation of the payment terms of the bonded contract, constitutes a defense to the surety’s performance bond liability. Presented to the American Bar Association, Fidelity & Surety Law Committee, mid-winter meeting (January 1997).
1995
General Agreement of Indemnity Taken in Connection with Contract Surety Bonds
Contributing author of the annotated indemnity agreement. Published in the Defense Counsel Journal by the International Association of Defense Counsel (1995).
1985
Construction Trust Fund Statutes
Published in the Construction Business Handbook, Chapter 43 (McGraw-Hill 1985).
1990 & 1996
Commercial Crime Policy
American Bar Association publication on commercial crime insurance. (Editor and program chair, 1996 & 1990).
1999
Fidelity claim handling considerations, including the effect of parallel criminal proceedings, the defaulting employee’s assertion of fifth amendment rights or defamation claims, the insurer’s decision to sue the employee and third party litigation by the insured. IV Fid. L.J. (1999).
1991 & 1996
Limits of Liability - Whether Cumulative or Not
Analysis of whether insureds may cumulate policy limits under commercial fidelity bonds when losses accrue over multiple policy terms. Chapters appear in the American Bar Association National Institute publications, Fidelity Bonds (1996 & 1991) and Commercial Crime Policy (1996).
1986
Published in the Tort & Insurance Law Journal (1986).
2000
ERISA and Auto Med-Pay Policies in Illinois and Indiana
Clausen Miller Partner, David Roe, authors ERISA and Auto Med-Pay Policies in Illinois and Indiana (2000).
1998 and earlier editions
Court Costs and Attorneys' Fees
Addresses coverage for fees and costs under financial institution bonds. Chapters appear in the American Bar Association publications, Financial Institution Bonds (1998 and earlier editions) and Annotated Banker's Blanket Bond (1980 edition and later supplements).
1988
Defending Bank Directors and Principal Officers Against Claims of Dishonesty and Fraud in the 1980's
Appears in the American Bar Association publication, Financial Institution Bond Litigation - A Case Study for Bankers, Sureties, Insurers and Attorneys (1988).
1991
Appears in the Defense Research Institute publication, The Pursuit of Subrogation and Indemnity Claims(1991).
1982
Providing Financial Support to the Contractor
Published in Forum (1982).
1997
Credit Card Fraud Losses: A Case Study on Credit Card Chargebacks
Analyzes coverage under a financial institution bond for losses deriving from credit card fraud and the implication of credit card chargebacks. III Fid. L.J. 23 (1997).
1979
Procedure and Instruments Utilized to Protect the Surety Who Finances a Contractor
Published in Forum (1979).
1996
Policy Language and Coverage Issues
Presented to the Surety Association of Illinois (1996).
