Showing all results for category “Writing and Speaking”

“No-Recoupment” Default Rule in Restatement of the Law: Liability Insurance Cited by Illinois Court in Support of Ruling Dismissing Insurer Recoupment Claim

November 28, 2018 / News / Writing and Speaking


In Gilbane, Inc. v. Liberty Ins. Underwriters, Inc., (case no. 2016‑CH‑15163) a Cook County, Illinois court dismissed an insurer’s claim for recoupment of a $7.5 million settlement payment from its policyholder based on the equitable theory of unjust enrichment.  

Clausen Miller Helps Develop Illinois Law On Contribution And The Kotecki Cap

October 18, 2018 / Writing and Speaking

At least in Illinois, joint and several liability is a fact of life in personal injury cases. A defendant found at least 25% at fault can be forced to pay a plaintiff’s entire judgment, even though multiple tortfeasors were involved.

Restatement of Law of Liability Insurance: The Plain-Meaning Rule

September 19, 2018 / News / Writing and Speaking

By: Amy R. Paulus and Henry T.M. LeFevre-Snee

The American Law Institute’s (“ALI”) draft Restatement of the Law of Liability Insurance’s (“Restatement”) use of “custom, practice and usage” evidence to determine the plain meaning of unambiguous terms does not find support in a majority of states,

No Coverage For Fraudulent Wine Purchases Under “Private Collections” Policy

September 6, 2018 / News / Writing and Speaking

Earlier this year, we wrote about a California Appellate Court case holding that an unsuspecting wine collector who purchased millions of dollars’ worth of counterfeit wine from a “villainous wine dealer” sustained a financial loss,

Appraisers May Determine Cause of Damage

August 20, 2018 / Writing and Speaking

In Walnut Creek Townhome Association v. Depositors Insurance Co., No. 16-0121 (Iowa, June 1, 2018), the Iowa Supreme Court held that the factual cause of damage to insured property may be determined by appraisal.

E-Filing: Avoiding Another Litigation Minefield

August 13, 2018 / Writing and Speaking

E-filing documents into court systems was supposed to make everyone’s job easier and provide more time to get a client’s legal work completed. E-filing allows the attorney to timely file up to the last minute of the day when a document is due to be filed,

If At First You Don’t Succeed: Wisconsin Supreme Court Approves Caps In Med Mal Cases

August 1, 2018 / Writing and Speaking

Life is about many things, and one of the most important is perseverance. Walt Disney went bankrupt several times before he built Disneyland. He passed on a cartoonist named Charles Schultz, who eventually did alright drawing a group of kids and a dog named Snoopy.

No Estoppel Without Prejudice to the Insured

July 10, 2018 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin 

July 10, 2018

The 1st District Appellate Court recently held that the Illinois Insurance Guarantee Fund was not estopped to assert a coverage defense under the policy of the insurer whose obligations it had assumed,

Esposito Writes on Pharmacists’ Duties

June 27, 2018 / Writing and Speaking

Not Just Bottle-Fillers: Pharmacists’ New Duty to Protect Patient’s Health Care Coverage

Progress does not come cheap, a fact no more evident than in the field of pharmacology.  The progress, of course,

Esposito Writes on Special Relationships in Tort

June 14, 2018 / Writing and Speaking

Schools’ Duty to Prevent Suicides: A New Special Relationship

It was a classic movie scene.  Karl Malden, playing a fire-and-brimstone preacher in Disney’s Pollyanna, has his flock squirming as his builds to his climatic line: “Death comes unexpectedly!

  • 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 and Orlando

    Florida 33609

    4830 West Kennedy Boulevard

    Suite 600

    Tampa and Orlando, Florida 33609

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