Showing all results for category “News”

Goltsman Wins Summary Judgment for Home Health Care Provider

December 24, 2023 / News

Mara Goltsman obtained summary judgment on behalf of our client, a home health care agency providing home care services to the 87-year-old, bed-bound decedent who had multiple co-morbidities including a diagnosis of advanced Alzheimer’s Disease.

BIPA Win for Insurers

December 24, 2023 / News

On December 19, 2023 the Illinois Appellate Court, First District provided the insurance industry with some holiday cheer. In National Fire Ins. Co., et al. v. Visual Pak Co., Inc., 2023 IL App (1st) 221160,

Melinda Kollross Appointed Vice Chair of DRI Center for Law and Public Policy Amicus Committee 

December 22, 2023 / News

After being named a member in January, Melinda will now assist in leading the Amicus Committee as vice chair.

Illinois Supreme Court Significantly Expands UM Automobile Coverage to Include Bicyclists Injured by an UM Vehicle

December 4, 2023 / News / Writing and Speaking

By Eli B. Vine

On November 30, 2023, the Illinois Supreme Court issued Carmen Galarza v. Direct Auto Insurance Company, No. 129031. In Galarza, the Supreme Court significantly expanded Uninsured Motorist (“UM”) coverage by holding that a minor bicyclist struck by an uninsured motorist qualified as an insured even though he was not in an insured vehicle at the time of the occurrence.

Post-Appraisal Withdraw of RCV Claim Results in Windfall for Insured

December 2, 2023 / News / Writing and Speaking

Tom Moody breaks down a Florida Middle District decision holding that a policy provision limiting an insured’s recovery to the amount spent on repairs did not apply where the insured withdrew its claim to recover on a RCV basis and instead sought recovery on an ACV basis.

Dennis Fitzpatrick Elected for 11th Term as Clausen Miller President and CEO

December 1, 2023 / News

Dennis will begin his 11th term in 2024.

Third District Court of Appeal Examines a Jury Instruction on Concurrent Causation and a Policy’s “Earth Movement” Exclusion in a Claim for Damages from Rock Quarry Blasting

November 29, 2023 / News / Writing and Speaking

By Kelly M. Vogt

In an opinion filed on November 29, 2023 in Tower Hill Prime Ins. Co. v. Ivet & Mario Bermudez, Case No. 3D22-0828, the Third District Court of Appeal affirmed the final judgment entered in favor of the insured in its claim against Tower Hill for breach of contract and addressed the subject policy’s earth movement exclusion and a jury instruction on concurrent causation.

SJ Entered in Insurer’s Favor on RCV Only Claim Where No Repairs Made

November 29, 2023 / News / Writing and Speaking

Tony Pagán, Jr. analyzes a ruling by the U.S. District Court for the Southern District of Florida which highlights the differences between Replacement Cost Value and Actual Cash Value in the context of an insurance carrier’s Motion for Summary Judgment.

Florida Sixth District Court of Appeal Conflicts with Florida Fourth District Court of Appeal on Retroactive Application of 627.70152, Florida Statutes

November 27, 2023 / News / Writing and Speaking

Douglas Cohen breaks down a conflict between the Florida Sixth and Fourth District Courts of Appeal over the retroactive application of a Florida statute requiring a pre-suit notice of intent to initiate litigation to be filed before filing suit under a property insurance policy.

Appeals Court Weighs Equitable Versus Contractual Subrogation

November 23, 2023 / News / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, November 21, 2023

The 1st District Appellate Court recently held that an insurer was entitled to subrogate to the rights of an insured despite the fact a different insured received the insurer’s payment for loss.

  • 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: Carl M. Perri

  • Mission Viejo

    California 92691

    27285 Las Ramblas

    Suite 200

    Mission Viejo, California 92691

    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

  • Milwaukee

    Wisconsin 53202

    250 E. Wisconsin Avenue

    Suite 1800

    Milwaukee, Wisconsin 53202

    T: 414.279.5525 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: James M. Weck

  • 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, One Urban Center

    Suite 600

    Tampa, Florida 33609

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick Co-Managing Partner: Kelly M. Vogt

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.287.2744 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Houston

    Texas 77019

    2929 Allen Parkway

    American General Center, Suite 200

    Houston, Texas 77019

    T: 346.229.4612 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Dallas

    Texas 75201

    325 N. Saint Paul Street

    Suite 3100

    Dallas, Texas 75201

    T: 469.942.8635 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Boca Raton

    Florida 33434

    7777 Glades Road

    Suite 405

    Boca Raton, Florida 33434

    T: 561.765.5305 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick Co-Managing Partner: Kelly M. Vogt