Showing all results for category “Writing and Speaking”
Issue Found Where Endorsement Contradicts Other Policy Terms
By Don R. Sampen, published, Chicago Daily Law Bulletin, November 17, 2020
The 5th District Appellate Court recently held that, despite language in a “named non-owner endorsement” that had the effect of eliminating uninsured motorist coverage for the named insured’s family members,
Middleman: The Impact of Products Liability Law on Internet Distributors
Where there’s a will, there’s a way. If nothing else, the marketplace is resilient. A few months ago, usually-filled shopping centers were ghost towns. Heavily dependent on walk-in traffic, many businesses failed. Despite an improving business climate,
The CM Autonomous Vehicle Task Force White Paper: “Apportionment of Liability in Autonomous Vehicle Accidents”
Our CM Autonomous Vehicle Task Force is led by Firm President Dennis Fitzpatrick and consists of the following CM Attorneys: W. Gregory Aimonette; Colleen Beverly; William Dickinson; Patrick McGuire; P. Scott Ritchie; Hillard Sterling; Robert Stern;
Court Rejects Earth Movement Exclusion in Favor of Prior Covered Loss
By Don R. Sampen, published, Chicago Daily Law Bulletin, November 3, 2020
The 1st District Appellate Court recently held that an earth movement exclusion in an all-risk property insurance policy did not bar all coverage for damage to an industrial freezer facility,
Court Finds No Defense Obligation Despite Allegations of Negligence
By Don R. Sampen, published, Chicago Daily Law Bulletin, October 20, 2020
The 1st District Appellate Court recently held that, despite allegations of negligence, a complaint against an insured under a general liability policy failed to trigger a duty to defend.
Insurers Keep Successfully Defending Covid-19 Business Interruption Lawsuits At The Trial Court Level, But The Real Battles Will Occur In The Reviewing Courts
We are currently monitoring Covid-19 decisions nationwide. Except for a few outlier decisions, the trial court rulings are predominantly going one way— towards dismissal of insured business interruption lawsuits because the insureds either cannot show direct physical loss or damage from the virus or cannot escape the consequences of virus exclusions in their polices.
Third-Party Complaint Claims Can Be Considered in Duty to Defend
By Don R. Sampen, published, Chicago Daily Law Bulletin, October 6, 2020
The 7th U.S. Circuit Court of Appeals, applying Illinois law, recently held that allegations contained in third-party complaints could be considered in determining whether an additional insurer owed a duty to defend,
No Defense Based on Evidence Offered During Declaratory Action
By Don R. Sampen, published, Chicago Daily Law Bulletin, September 22, 2020
The 2nd District Appellate Court recently held that facts asserted by an insured in response to a coverage action initiated by an insurer could not be used by the insured to establish a duty to defend,
10 Tips for Securing Beneficial Amicus Support on Appeal
By Melinda S. Kollross, published by the Federation of Defense & Corporate Counsel in the Fall 2020 issue of Insights.
Amicus curiae or “friend of the court” briefs are submitted by persons or entities who are not parties to a given lawsuit.
Allocation of Fault/Settling Tortfeasors: Upset by the Offset? California’s Second Appellate District Clarifies Jury Awards Involving Parties Who Previously Settled in Good Faith
In Shuler, et al. v. Capital Agricultural Property Services, Inc., et al. (2020) 49
Cal.App.5th 62, the Second Appellate District Court of California revisited California law on joint and several liability, and the proper allocation of jury verdict awards involving previously settled joint tortfeasors who settled in good faith pursuant to California Code of Civil Procedure § 877.6.