Showing all results for category “Uncategorized”

Florida Sixth DCA Rules 2020 Joint Proposal for Settlement Invalid Due to Plaintiffs’ Inability to Independently Accept or Reject

Kelly Vogt analyzes a Florida Sixth District Court of Appeal decision that found a joint proposal for settlement invalid under Fla. Stat. § 768.79, citing the plaintiffs’ inability to independently accept or reject the proposal. Although the Florida Legislature amended Stat. § 768.79 in 2022 to allow joint offers conditioned on mutual acceptance in property insurance cases, the change did not apply retroactively to this 2020 offer.

Prevention Costs Held Not to Constitute Property Damage

By Don R. Sampen, published, Chicago Daily Law Bulletin, April 4, 2023

The U.S. District Court for the Northern District of Illinois recently held that a steel subcontractor’s defective work, causing the general contractor to incur added costs for investigating,

Federal Appellate Courts Rule For Insurers On COVID-19 Business Interruption Claims

By Melinda S. Kollross

To date, four separate Federal Circuits have issued 7 decisions all holding for insurers on COVID-19 business interruption claims. A body of precedent is being built that can now be cited by the insurance industry at both the trial and appellate level in both state and federal court. 

SCOTUS Holds Title 7 Protects Gay and Transgender Workers: Justice Neil Gorsuch Stays True To His Word That Words Are Dispositive In Judicial Decisions

Introduction

There can be no clearer example of the application of the judicial philosophy of “textualism” than the decision authored by Justice Gorsuch in Bostock v. Clayton County, Ga, 590 U.S. _ (No.

Using The Special Interrogatory In Illinois Civil Jury Trials—A Plan Of Action

Introduction

The plaintiff ’s bar—especially the plaintiff’s personal injury bar—has been clamoring for years in Illinois to abolish the special interrogatory. Plaintiff’s lawyers don’t like the special interrogatory because it places a much needed check on a jury’s rendition of a general verdict.

Don Sampen Published in the Illinois State Bar Journal April 2019 Edition

Don Sampen, a partner in our Clausen Miller Appellate Practice Group, has an article in the April 2019 edition of the Illinois State Bar Journal entitled “How to Appeal Final Judgments in Ongoing Litigation”. Don discusses the various ways a judgment can be appealed while other matters remain pending in litigation.

Loss Payee ID’d in Certificate of Insurance Can Continue Claim

By Don R. Sampen, published, Chicago Daily Law Bulletin April 9, 2019

The U.S. District Court for the Northern
District of Illinois recently held that a certificate of insurance issued by an
insurance broker identifying a loss payee for first-party coverage paved the
way for a potential claim against the broker for failing to communicate the
loss payee’s status to the insurer.

Clausen Miller Appellate and Subrogation Groups Team Up for Appellate Victory, Upholding Big Summary Judgment Win

The Clausen Miller Appellate Practice and Subrogation Groups teamed up for an appellate victory in the Illinois Appellate First District in Travelers Property Casualty Company of America v. Arcelormittal USA Inc.  As previously reported,

Filed Rate Doctrine No Bar to Rate Claims

By Don R. Sampen, published, Chicago Daily Law Bulletin March 12, 2019

On certified questions, the 5th District Appellate Court recently held that the filed rate doctrine does not bar claims against an insurance company for deceptive and unfair business practices regarding automobile insurance rates.

Amy Paulus Named Leading Insurance Lawyer in Illinois for 2018

The Law Bulletin Publishing Company, through its subsidiary Leading Lawyers of Chicago, has named Clausen Miller Shareholder Amy Paulus a 2018 Top Insurance-Related Lawyer in Illinois.

Amy is the Liability Coverage and Reinsurance Practice Group Leader,