Showing all results for category “Writing and Speaking”
Auto Policy Found to Cover Claim Occurring Outside of Vehicle
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
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
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
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
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
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
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
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
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
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,