Showing all results for category “CM Reports”

Proximate Cause Lacking in Opioid Addiction Case Against Pain Management Physician Absent Expert Testimony from an Addictionologist

February 11, 2019 / CM Reports / Writing and Speaking

In a split decision, the Illinois Appellate Court, First District holds that a medical malpractice plaintiff failed to prove proximate cause against a pain management physician where there was no evidence from an addiction expert connecting the defendant’s failure to identify the patient’s opioid addiction and her death/suicide by acetaminophen overdose.

East Coast CM Report of Recent Decisions – 2018 Volume 4

February 6, 2019 / CM Reports

Custom Endorsement Limiting Liability For A Sewer Backup Enforced In Favor Of Insurer

A New Jersey Appellate Court found policy language limiting liability for a sewer backup to $25,000 was unambiguous and affirmed the Law Division’s grant of summary judgment to the insurer,

CM Report of Recent Decisions – 2018 Volume 4

January 15, 2019 / CM Reports

Ohio Supreme Court Holds That Defective Subcontractor Work Is Not An “Occurrence”

In Ohio Northern University v. Charles Construction Services, Inc., Slip Opinion No. 2018-OHIO-4057, the Supreme Court of Ohio held that there was no duty to defend a policyholder,

East Coast CM Report of Recent Decisions – 2018 Vol. 3

November 12, 2018 / CM Reports

Defending A Claim For Attorney’s Fees In Bad Faith Actions: Third Circuit Court Of Appeals Affirms Decision To Deny Outrageously Excessive Claim For Attorney’s Fees

In a contested Bad Faith lawsuit brought by the named insureds against their insurance carrier,

CM Report of Recent Decisions – 2018 Volume 3

October 16, 2018 / CM Reports

Three Federal Appeals Courts Find Coverage For Cyber-Fraud

In Spec’s Family Partners, Ltd. v. Hanover Ins. Co., No. 17-20263, 2018 U.S. App. LEXIS 17246 (2d Cir. June 25, 2018) (“Spec’s Family Partners”),

East Coast CM Report of Recent Decisions – 2018 Vol. 2

August 15, 2018 / CM Reports

Florida Appellate Court Expands Insureds’ Ability To Sue For Bad Faith

A Florida Appellate Court ruled that homeowners can pursue a bad faith claim against their property insurer even absent a favorable coverage ruling because the insurer’s tender of policy limits constituted a determination as to liability and damages.

CM Report of Recent Decisions – 2018 Vol. 2

July 30, 2018 / CM Reports

Appraisers May Determine Cause Of Damage

In Walnut Creek Townhome Association v. Depositors Insurance Co., No. 16- 0121 (Iowa, June 1, 2018), the Iowa Supreme Court held that the factual cause of damage to insured property may be determined by appraisal.

East Coast CM Report of Recent Decisions – 2018 Vol.1

April 18, 2018 / CM Reports

“Can We Lower Our Flood Coverage?” Insurance Broker Negligent After Being Found To Have Unilaterally Lowered Flood Coverage

The Second Circuit Court of Appeals has refused to overturn two jury verdicts that found an insurance broker negligent for reducing the flood sublimit on a New York property owner’s policy prior to Hurricane Sandy,

CM Report of Recent Decisions – 2018 Vol. 1

April 17, 2018 / CM Reports

Restatement Of The Law Of Liability Insurance Makes Its Mark Prior To Approval

As we reported last issue, Clausen Miller’s Restatement of Liability Insurance Law Task Force assists insurers in understanding,

East Coast CM Report of Recent Decisions – 2017 Vol. 4

January 29, 2018 / CM Reports

Have Fun And Be Wary: Three Recent Cases From The Second Department Discussing Primary Assumption Of Risk

A review of the Second Department decisions issued in the months preceding the close of 2017 revealed several interesting cases dealing with primary assumption of risk.

  • Chicago

    Illinois 60603

    10 South LaSalle Street

    Chicago, Illinois 60603

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

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Tyler Jay Lory

  • Irvine

    California 92614

    17901 Von Karman Avenue

    Suite 650

    Irvine, California 92614

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

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

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

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

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

  • Appleton

    Wisconsin 54914

    4650 W. Spencer Street

    Appleton, Wisconsin 54914

    T: 920.560.4658 TF: 800.826.3505 F: 920.968.4650 Office Managing Partner: Patrick L. Breen

  • Stamford

    Connecticut 06902

    68 Southfield Avenue

    2 Stamford Landing Suite 100

    Stamford, Connecticut 06902

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

  • Tampa

    Florida 33609

    4830 West Kennedy Boulevard

    Suite 600

    Tampa, Florida 33609

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Anne E. Kevlin