Showing all results for category “Writing and Speaking”

Auto Policy Found to Cover Claim Occurring Outside of Vehicle

November 20, 2019 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin November 18, 2019

The 1st District Appellate Court recently
held that an automobile policy issued to a livery service company covered a
claim alleging that the driver negligently assisted the passenger after leaving
the vehicle.

Illusory Coverage Leads to Potential Policy Reformation

November 12, 2019 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin November 5, 2019

The 7th U.S. Circuit Court of Appeals recently held that a contractual liability exclusion in an endorsement rendered illusory the professional liability coverage for a product designer,

No Jurisdiction Over Foreign Insurer Absent a Defense Obligation

November 5, 2019 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin October 21, 2019

The 7th U.S. Circuit Court of Appeals recently held that Taiwanese insurers that provided additional insured coverage lacked sufficient contacts with the insured’s home state to be sued for contribution or subrogation in that state by the insured’s direct primary insurer.

Illinois Appellate Court Delivers Illinois Defense Bar A Double Whammy On Damages: McIntyre v. Balagani, 2019 IL App (3d) 140543

October 30, 2019 / Writing and Speaking

The Illinois Appellate Court’s Balagani opinion shows the leeway accorded plaintiffs in maintaining claims for a decedent’s loss of future income and services. It also puts defendants between the proverbial “rock and a hard place” in trying cases involving soft damages for loss of society and companionship.

California Enacts Significant Changes to Davis-Stirling Homeowners Association Laws

October 28, 2019 / News / Writing and Speaking

On
October 12, 2019, California Governor Gavin Newsom signed Senate Bill 323 (“SB
323”) into law.  This new statute makes
significant changes to Civil Code § 4000 et seq., also known as the “Davis-Stirling
Act.” 

Insurers Free From Duty to Defend if Dispute Involved in Mediation

October 9, 2019 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin October 8, 2019

The 1st District Appellate Court recently
held that an insurer had no duty to defend an insured in connection with a
mediation that,

Move to Force Coverage From Excess Insurer Goes Nowhere

September 27, 2019 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin September 23, 2019

The 7th U.S. Circuit Court of Appeals
recently held that late notice to an excess insurer relieved the insurer of any
obligation to indemnify the insured.

Estoppel Doesn’t Apply Where Insurer is Not Controlling Defense

September 10, 2019 / Writing and Speaking

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

The 7th U.S. Circuit Court of Appeals recently held that an insurer was not estopped from denying coverage even though it had participated in the defense of an insured without a reservation,

Absent Claimant Not Bound by Coverage Judgment in Prior Suit

August 13, 2019 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin August 13, 2019

The 1st District Appellate Court recently
held that res judicata could not be used by an insurer to support its
no-coverage position against a claimant where the claimant was not a party to
the earlier lawsuit from which the res judicata argument arose.

Surety Finds Quia Timet Remedy Not in Play Under Contract Terms

August 7, 2019 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin July 30, 2019

The 7th U.S. Circuit Court of Appeals
recently held that a surety for a financially disabled construction contractor
was not entitled to use the common-law doctrine of quia timet for relief
against the contractor,

  • 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

  • Orlando

    Florida 32801

    618 E. South Street

    Suite 500

    Orlando, Florida 32801

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

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.745.3598 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman