Showing all results for category “Writing and Speaking”

Appellate Court Holds Title Insurers Not Subject to Complete Defense Rule

November 23, 2022 / News / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, November 22, 2022

The 1st District Appellate Court recently held that, unlike most liability insurers, a title insurer that covers some but not all claims against an insured has no obligation to provide a defense for both the insured and uninsured claims.

UM Coverage Mandated for Pedestrians, Despite Policy Language to the Contrary

November 9, 2022 / News / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, November 8, 2022

The 1st District Appellate Court, in a case of first impression, recently held that an insured under an automobile liability policy who,

Insurer Alleges No Coverage for Double-Charges by McDonald’s Mobile App

November 4, 2022 / CM Reports / Writing and Speaking

By Mitchel D. Torrence

American Family Mutual Insurance Company (“American Family”) recently filed a declaratory judgment action in the Circuit Court of Cook County, IL, seeking a declaration that it owes no duty to defend its insured,

Court Finds 11-month Delay In Giving Notice May Not Be ‘Late’

October 18, 2022 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, October 18, 2022

The 2nd District Appellate Court recently reversed a finding that an 11-month delay in giving notice of an injury to an insurer constituted late notice,

Update: Insurers Continue To Succeed On Appeal On COVID-19 Property Claims

October 12, 2022 / CM Reports / Writing and Speaking

By Melinda S. Kollross

The body of federal and state appellate precedent keeps growing, with nearly every appellate tribunal holding that there is no property insurance coverage for pandemic related economic losses in the absence of physical loss or damage.

Texas Appeals Court Determines Flood Limit Does Not Cap Insured’s Claim For Loss Of Business Income

October 12, 2022 / CM Reports / Writing and Speaking

By Ramy P. Elmasri

A three-judge panel for the Texas Fourteenth Court of Appeals recently held that the $4.5 million dollar limit for flood damage in a commercial insurance policy did not limit the insured from seeking loss of business income.

If At First You Don’t Succeed On A Post-Trial Motion—Take An Appeal! More Tales From The Minefield Of Post-Trial And Appellate Practice

October 12, 2022 / CM Reports / Writing and Speaking

By Melinda S. Kollross

The Seventh Circuit’s recent decision in Word Seed Church & Civil Liberties for Urban Believers v. Homewood, 43 F.4th 688 (7th Cir. 2022), again shows why only experienced appellate advocates should navigate the minefield of post-trial and appellate litigation.

Sidebar – Nuclear Verdicts Are Becoming Thermonuclear Verdicts: A Suggestion For Combatting Them

October 12, 2022 / CM Reports / Writing and Speaking

By Melinda S. Kollross

Some commentators have defined a “nuclear verdict” as a verdict of $10 million or greater. Based upon recent verdicts, however, that definition may need changing. 

The Thermonuclear Verdict

Two recent verdicts show that things are getting worse on the defense front and not better. 

Illinois Appellate Court Strays From Established Faulty Construction Precedent To Find A Duty To Defend Vague Allegations Of Damage To “Other Property” In Acuity v. M/I Homes Chi, LLC

October 6, 2022 / CM Reports / News / Writing and Speaking

By Ilene M. Korey

Introduction

Illinois has consistently required damage to property other than repair and replacement of faulty construction to implicate coverage under a commercial general liability policy. The basis for doing so is rooted in the insuring language of the typical CGL policy that limits coverage to “property damage” caused by an “occurrence” in the policy period.

‘Other Property’ Damage Claim Triggers Defense Obligation For Insured Contractor

October 6, 2022 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, October 4, 2022

The 1st District Appellate Court, reversing a trial court decision, recently held that allegations of defective work by a contractor gave rise to an insurer’s duty to defend 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: 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

  • 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, 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

  • 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

  • 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

  • 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