Showing all results for category “CM Reports”

CM Report of Recent Decisions – 2022 Volume 3

Cover: Downtown Houston, TX

SIDEBAR – Nuclear Verdicts Are Becoming Thermonuclear Verdicts: A Suggestion For Combatting Them

Some commentators have defined a “nuclear verdict” as a verdict of $10 million or greater.

Update: Insurers Continue To Succeed On Appeal On COVID-19 Property Claims

By Melinda S. Kollross

The body of federal and state appellate precedent keeps growing, with nearly every appellate tribunal holding that there is no property insurance coverage for pandemic related economic losses in the absence of physical loss or damage.

Texas Appeals Court Determines Flood Limit Does Not Cap Insured’s Claim For Loss Of Business Income

By Ramy P. Elmasri

A three-judge panel for the Texas Fourteenth Court of Appeals recently held that the $4.5 million dollar limit for flood damage in a commercial insurance policy did not limit the insured from seeking loss of business income.

If At First You Don’t Succeed On A Post-Trial Motion—Take An Appeal! More Tales From The Minefield Of Post-Trial And Appellate Practice

By Melinda S. Kollross

The Seventh Circuit’s recent decision in Word Seed Church & Civil Liberties for Urban Believers v. Homewood, 43 F.4th 688 (7th Cir. 2022), again shows why only experienced appellate advocates should navigate the minefield of post-trial and appellate litigation.

Sidebar – Nuclear Verdicts Are Becoming Thermonuclear Verdicts: A Suggestion For Combatting Them

By Melinda S. Kollross

Some commentators have defined a “nuclear verdict” as a verdict of $10 million or greater. Based upon recent verdicts, however, that definition may need changing. 

The Thermonuclear Verdict

Two recent verdicts show that things are getting worse on the defense front and not better. 

Illinois Appellate Court Strays From Established Faulty Construction Precedent To Find A Duty To Defend Vague Allegations Of Damage To “Other Property” In Acuity v. M/I Homes Chi, LLC

By Ilene M. Korey

Introduction

Illinois has consistently required damage to property other than repair and replacement of faulty construction to implicate coverage under a commercial general liability policy. The basis for doing so is rooted in the insuring language of the typical CGL policy that limits coverage to “property damage” caused by an “occurrence” in the policy period.

Free Bite? Maybe Not: Expanded Liability For Dog Bites

By Paul V. Esposito

You can’t help but love ’em. Dogs. Our relationship with these descendants of the gray wolf is unlike that with any other animal. To many people, they are like people—even like family.

Insured Not Liable For Declining To Settle Within Its Self-insured Retention

By Don R. Sampen, published, Chicago Daily Law Bulletin, September 20, 2022

Applying Illinois law, the 7th U.S. Circuit Court of Appeals recently held that an umbrella insurer had no cause of action against an insured for failure to settle within the insured’s retained limit. 

New York Court Of Appeals Addresses The Meaning Of “Penalty Imposed By Law” Under Wrongful Act Professional Liability Policy

Davy Raistrick examines a New York Court of Appeals case addressing the meaning of “penalty imposed by law” under a wrongful act professional liability policy.

Illinois Supreme Court Poised To Decide BIPA Claim Accrual Question

By Morgan A. Dilbeck and Mitchel D. Torrence

Introduction

Today, most people are concerned about identity theft and wanting to ensure that their unique identifiers stay private. The Illinois legislature sought to address these concerns with the Biometric Information Privacy Act (“the Act”).