Showing all results for category “CM Reports”

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

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

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

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

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

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

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

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

“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

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

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.