Showing all results for category “Writing and Speaking”

Court Finds Punitive Damages Claim Created Conflict of Interest

May 5, 2026 / News / Writing and Speaking

Don Sampen analyzes a 1st District Appellate Court case in which a trucking company’s insurer appointed counsel to defend an underlying auto accident claim. When the plaintiff later added punitive damages to the complaint, the court found a conflict of interest, entitling the insured to independent counsel at the insurer’s expense.

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Court Unravels ‘Other Insurance’ Clauses to Find Excess Coverage

April 7, 2026 / News / Writing and Speaking

Don Sampen analyzes a 7th Circuit Appellate Court case involving a collision between a tractor-trailer and an SUV in which the SUV driver was killed. The driver’s family filed suit, and the court later unraveled that the tractor and trailer were insured under separate, overlapping policies. The court held that under the policies’ “other insurance” clauses, both insurers provided excess coverage and therefore were obligated to share defense and liability costs.

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Insurer Acted Within Policy When It Settled Despite Insured’s Protest

March 24, 2026 / News / Writing and Speaking

Don Sampen analyzes a 1st District Appellate Court case which arose from a dispute between an insurer and an insured trucking company. The insured was held liable for a shipment of spoiled turkey products, and the insurer’s attorney settled the matter without giving notice to the insured. Later, the insured filed suit against the insurer, arguing that they suffered economic harm and the insurer did not act in good faith. The court held that an insurer may settle a claim on behalf of its insured without the insured’s consent or notification as long as the settlement falls within policy limits.

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Court: Failure to Make Policy Payments Justifies Termination

March 11, 2026 / News / Writing and Speaking

Don Sampen analyzes a recent 7th Circuit Appellate Court case that considered what constitutes a “premium” in a life insurance policy. The court ruled that a policyholder’s late payment of what the court found to be a premium justified cancellation of the policy, even though it continued to have a death benefit of $700,000.

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Wilton-Brillhart Doctrine Found Inapplicable in Coverage Dispute

February 24, 2026 / News / Writing and Speaking

Don Sampen analyzes the retention of an insurance coverage action by the Southern District of Illinois, even though a related Missouri state case was filed earlier. The court found abstention inappropriate because key parties were not part of the Missouri action and were necessary to determine coverage. The court held that the Wilton-Brillhart abstention doctrine did not apply.

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Texas Supreme Court Holds Tornadoes Are ‘Windstorms’ Under Homeowners Policies

February 18, 2026 / News / Writing and Speaking

Ramy Elmasri analyzes a decision from the Supreme Court of Texas that holds that a tornado falls within the definition of “windstorm” in a homeowners insurance policy.

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Texas Supreme Court Proposes Major Overhaul to Summary Judgment Practice – What Insurers Need to Know

February 16, 2026 / News / Writing and Speaking

Ramy Elmasri and Scot Doyen analyze the Texas Supreme Court’s proposed overhaul of Rule 166a governing summary judgment practice. The rewrite of the rule will greatly alter motion practice timelines, hearing procedures and ruling deadlines, with major implications for insurers and defense counsel.

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Regulatory Approval Found Not to Negate Pollution Exclusion

February 11, 2026 / News / Writing and Speaking

Don Sampen analyzes an Illinois Supreme Court decision that a permit or regulation authorizing the emission of pollution has no relevance in determining the application of a pollution exclusion in a standard commercial general liability policy.

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Ambiguity Found in Auto Policy Contractual Limitations Period

January 28, 2026 / News / Writing and Speaking

The 1st District Appellate Court recently held that a contractual limitations period for suing the insurer applicable to uninsured motorist coverage was ambiguous when the time bar was phrased in terms of “the tort statute of limitations.”

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Appellate Court Finds Life Insurers Not Subject to GIPA Restrictions

January 13, 2026 / News / Writing and Speaking

Don Sampen analyzes an Illinois Second District Appellate Court ruling which upheld a life insurer’s requirement that a person seeking life insurance undergo a physical and provide personal health information for underwriting purposes. The court held that the insurer did not request protected health information under Illinois law and upheld the requirement.

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  • Chicago

    Illinois 60606

    225 West Randolph Street

    Suite 700

    Chicago, Illinois 60606

    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

  • 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

  • Irvine

    California 92618

    20 Pacifica

    Suite 440

    Irvine, California 92618

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • 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 Partner: Paige M. Neel

  • Milwaukee

    Wisconsin 53202

    1433 North Water Street

    Suite 500

    Milwaukee, Wisconsin 53202

    T: 414.279.5525 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: James M. Weck

  • Stamford

    Connecticut 06901

    243 Tresser Boulevard

    17th Floor

    Stamford, Connecticut 06901

    T: 203.989.3889 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Hartford

    Connecticut 06103

    750 Main Street

    Suite 100

    Hartford, Connecticut 06103

    T: 860.756.5520 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33602

    401 East Jackson Street

    Suite 3300

    Tampa, Florida 33602

    T: 813.519.1001 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Kelly M. Vogt

  • 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: Kelly M. Vogt

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.287.2744 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Houston

    Texas 77060

    4 CityNorth

    16945 Northchase Drive, Suite 1400

    Houston, Texas 77060

    T: 346.826.8995 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri

  • Dallas

    Texas 75201

    325 N. Saint Paul Street

    Suite 3100

    Dallas, Texas 75201

    T: 469.942.8635 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • San Antonio

    Texas 78258

    401 East Sonterra Boulevard

    Suite 375

    San Antonio, Texas 78258

    T: 210.338.6711 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Austin

    Texas 78759

    9442 N Capital of Texas Hwy

    Suite 500

    Austin, Texas 78759

    T: 346.826.8995 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri

  • Fort Worth

    Texas 73102

    702 Houston Street

    Fort Worth, Texas 73102

    T: 682.231.9560 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri