Showing all results for category “Writing and Speaking”
Court Notes Requirements for Joint Employment Relationship
By Don R. Sampen, published, Chicago Daily Law Bulletin, June 16, 2020
The U.S. District Court for the Northern District of Illinois recently provided guidance for what constitutes “co-employment” in the context of a dispute between insurers over workers compensation coverage for injured employees.
No Bad Faith Claim Possible Over a Bona Fide Dispute About Coverage
By Don R. Sampen, published, Chicago Daily Law Bulletin, June 2, 2020
The 1st District Appellate Court, in a first-party coverage context, recently confirmed the principle that an insurer’s denial of coverage based on a bona fide dispute with the insured over compliance with policy conditions does not give rise to a bad faith claim.
No Conflict of Interest in Post-Judgment Insurer Dispute
By Don R. Sampen, published, Chicago Daily Law Bulletin, May 19, 2020
The 1st District Appellate Court recently held that a primary insurer did not create a conflict of interest with its insured when it undertook negotiations with an excess insurer over what counsel would represent the insured in the appeal of a trial court adverse judgment,
Rental Car Not ‘Temporary Substitute’ For Insured’s Vehicle
By Don R. Sampen, published, Chicago Daily Law Bulletin May 5, 2020
The 5th District Appellate Court recently held that an insured’s use of a rental car to take a lengthy road trip,
Insurance Company Has Obligation to Cover BIPA Suit
By Don R. Sampen, published, Chicago Daily Law Bulletin April 21, 2020
The 1st District Appellate Court recently held that a claim that an insured disclosed fingerprint data to a third-party vendor in violation of an Illinois statute constituted a personal injury offense,
IL Grants Civil Immunity for Healthcare Providers During the COVID-19 Pandemic
On April 1, 2020, Illinois governor J.B. Pritzker issued an executive order limiting healthcare providers’ civil liability stemming from the COVID-19 pandemic. This executive order will, in practice, bar medical malpractice suits against medical professionals for their care for COVID-19 patients.
Illinois Coronavirus Lawsuit Implicates Healthcare and Employment Practices Liability Concerns
Introduction
As noted in the
ongoing blitz of professional and news commentaries, the COVID-19 pandemic spans
numerous legal practice areas, from force majeure clauses, to first-party
property insurance claims, to premises and professional liability defense.
New Jersey Considers COVID-19 Legislation Compelling Insurers to Pay Business Interruption Coverage Due to Coronavirus
Introduction
New
Jersey recently introduced Assembly Bill 3844, which would require insurers to
provide business interruption coverage to companies with less than 100 eligible
employees, defined as those who work at least 25 hours a week,
Court Denies Auto Liability Stacking Despite Vehicle Listing
By Don R. Sampen, published, Chicago Daily Law Bulletin March 10, 2020
The Illinois Supreme Court, reversing two
lower court decisions, recently held that the listing of bodily injury
liability limits multiple times on the declarations pages of an automobile
insurance policy covering several vehicles,
Loss Payee’s Interest Valued at Time of Payment, Not Loss
By Don R. Sampen, published, Chicago Daily Law Bulletin February 24, 2020
The U.S. District Court for the Northern
District of Illinois recently held that, following a fire loss, a mortgage loss
payee under a property insurance policy was entitled to receive the balance of
payment on the mortgage owed at the time of payment,