Showing all results for category “Writing and Speaking”
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,
The Frye v. Daubert Saga Continues; Florida Supreme Court Adopts Daubert Standard
The Daubert standard has found favor in most U.S. courts as encouraging expert opinions based on more reliable methods. Nevertheless, in October 2018, Florida’s Supreme Court rejected Daubert as the standard,
Possible Liability Proves Insufficient to Support Bad Faith Settlement Suit
By Don R. Sampen, published, Chicago Daily Law Bulletin July 16, 2019
The 7th U.S. Circuit Court of Appeals, interpreting Illinois law, recently held that an insurer did not act in bad faith despite having the opportunity to settle within its policy limit a medical-malpractice case in which a damage judgment against the insured was entered in excess of the limit.
Appellate Practice Group Co-Chair Melinda Kollross Cited in ABA Article on Diversity of Appellate Counsel
Clausen Miller Appellate Practice Group co-chair Melinda Kollross is cited in “Oyez Us Roar: Reflections on the Diversity of Appellate Counsel” in the Spring 2019 Issue of the American Bar Association’s “The Woman Advocate.” (https://www.americanbar.org/groups/litigation/committees/woman-advocate/articles/2019/spring2019-oyez-us-roar-reflections-on-the-diversity-of-appellate-counsel/)
Read Melinda’s thoughts on becoming a successful appellate practitioner who argues cases for her clients before appellate tribunals nationwide in the attached full article.
Possible Conflict of Interest Lets Insured Pick Counsel
By Don R. Sampen, published, Chicago Daily Law Bulletin June 3, 2019
The 1st District Appellate Court recently held that a complaint in which the plaintiff demands substantially more in punitive damages than compensatory damages can give rise to a conflict of interest between an insurer and the defendant insured,
Unambiguous Policy Defeats Last-Antecedent Grammar Rule
By Don R. Sampen, published, Chicago Daily Law Bulletin May 20, 2019
The 2nd District Appellate Court recently rejected application of the last-antecedent rule of grammatical construction in finding an umbrella liability policy unambiguous.
Florida Reforms Assignment of Benefits
After years of failed efforts
by Florida lawmakers to curb rampant abuse of assignment of benefits (“AOB”) applied
to property insurance policies, Florida Governor Ron DeSantis is expected to
soon sign into law sweeping AOB reform approved by the Florida Legislature.
‘Occurrence’ Definition Gets Special Subcontractor Angle
By Don R. Sampen, published, Chicago Daily Law Bulletin April 30, 2019
The 1st District Appellate Court recently defined occurrence coverage for a subcontractor on a construction project in terms of damage beyond the subcontractor’s scope of work.
Successor to Bankrupt Housing Developer Must Honor Surety
By Don R. Sampen, published, Chicago Daily Law Bulletin April 23, 2019
The 2nd District Appellate Court recently held that the successor in interest to a bankrupt developer under an annexation-development agreement between the developer and the far west suburban city of Yorkville was potentially obligated to the developer’s surety upon the successor’s default under the agreement.