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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. 

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.

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.

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.

December 2007

John F. O'Brien III Contributes Three Chapters For The Illinois Practice Series On Automobile Insurance

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."

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 - 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 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 26, 2007

Drowning In Black Water: Water Restoration Contractor's 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 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

Alternative Ways for Opening the Door to Evidence of "Other Conduct" That Would Otherwise Not Be Admitted

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

A Product Supplier's Liability Exposure for Noncompliance With its Obligations Under the Consumer Product Safety Act and Related Alternative Statutory Authorities

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 20, 2005

Recent Developments in Property Insurance Law
K. Clark Schirle and Maria Vathis are co-authors of Recent Developments in Property Insurance Law, which was published in the American Bar Association's Tort Trial & Insurance Practice Law Journal.

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

Seventh Circuit Decides Landmark Case: Indefinitely Moored Riverboat Casinos Are Not "Vessels" Within the Meaning of The Jones Act

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.

March 1, 2003

Challenging "Good Faith" Settlements in Illinois

Challenging "Good Faith" Settlements in Illinois, Trial Briefs (Illinois State Bar Ass'n, March 2003)

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). 

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

The Unresolved Conflict Between Traditional Principles of Reinsurance and Enforcement of the Terms of the Contractual Undertaking

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).

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).

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.

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).

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).

1999, 2001 & 2005

Alter Ego Defense

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).

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

Surety Bonds and Bankruptcy: The Surety's Ability to Cancel Bonds When the Principal Declares Bankruptcy

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.

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).

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.

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).

1999

Potential Conflicts Between Fidelity Insurers and Insureds: Criminal Proceedings, Interviewing Witnesses and Actions Against Third Parties

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).

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).

1990 & 1996

Commercial Crime Policy
American Bar Association publication on commercial crime insurance.  (Editor and program chair, 1996 & 1990).

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).

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).

1985

Construction Trust Fund Statutes

Published in the Construction Business Handbook, Chapter 43 (McGraw-Hill 1985).

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).

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). 

2000

Waiver of Kotecki Limitation Through Indemnity Agreements
Clausen Miller Partner, David Roe, authors Waiver of Kotecki Limitation Through Indemnity Agreements (2000).

1996

The Legal Boundaries of "Loss" Under Fidelity and Financial Institution Bonds: Toward a Coherent Theory of Set-Off and Allocation of Losses and Recoveries

Presented to the National Bond Claims Association annual meeting (1996).

1986

Handling the Complex Fidelity or Financial Institution Bond Claim: Liability for the Insured's Officers and Directors and Their D&O Carrier

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

Minimizing the Surety's Loss Through Effective Use of Selected Provisions Contained in General Indemnity Agreement

Appears in the Defense Research Institute publication, The Pursuit of Subrogation and Indemnity Claims(1991).

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).

1982

Providing Financial Support to the Contractor

Published in Forum (1982).

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