Showing all results for category “Writing and Speaking”

Issue Found Where Endorsement Contradicts Other Policy Terms

November 24, 2020 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, November 17, 2020

The 5th District Appellate Court recently held that, despite language in a “named non-owner endorsement” that had the effect of eliminating uninsured motorist coverage for the named insured’s family members,

Middleman: The Impact of Products Liability Law on Internet Distributors

November 12, 2020 / Writing and Speaking

Where there’s a will, there’s a way.  If nothing else, the marketplace is resilient.  A few months ago, usually-filled shopping centers were ghost towns.   Heavily dependent on walk-in traffic, many businesses failed.  Despite an improving business climate,

The CM Autonomous Vehicle Task Force White Paper: “Apportionment of Liability in Autonomous Vehicle Accidents”

November 5, 2020 / Writing and Speaking

Our CM Autonomous Vehicle Task Force is led by Firm President Dennis Fitzpatrick and consists of the following CM Attorneys: W. Gregory Aimonette; Colleen Beverly; William Dickinson; Patrick McGuire; P. Scott Ritchie; Hillard Sterling; Robert Stern;

Court Rejects Earth Movement Exclusion in Favor of Prior Covered Loss

November 4, 2020 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, November 3, 2020

The 1st District Appellate Court recently held that an earth movement exclusion in an all-risk property insurance policy did not bar all coverage for damage to an industrial freezer facility,

Court Finds No Defense Obligation Despite Allegations of Negligence

October 29, 2020 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, October 20, 2020

The 1st District Appellate Court recently held that, despite allegations of negligence, a complaint against an insured under a general liability policy failed to trigger a duty to defend.

Insurers Keep Successfully Defending Covid-19 Business Interruption Lawsuits At The Trial Court Level, But The Real Battles Will Occur In The Reviewing Courts

October 28, 2020 / Writing and Speaking

Introduction

We are currently monitoring Covid-19 decisions nationwide. Except for a few outlier decisions, the trial court rulings are predominantly going one way— towards dismissal of insured business interruption lawsuits because the insureds either cannot show direct physical loss or damage from the virus or cannot escape the consequences of virus exclusions in their polices.

Third-Party Complaint Claims Can Be Considered in Duty to Defend

October 7, 2020 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, October 6, 2020

The 7th U.S. Circuit Court of Appeals, applying Illinois law, recently held that allegations contained in third-party complaints could be considered in determining whether an additional insurer owed a duty to defend,

No Defense Based on Evidence Offered During Declaratory Action

October 1, 2020 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, September 22, 2020

The 2nd District Appellate Court recently held that facts asserted by an insured in response to a coverage action initiated by an insurer could not be used by the insured to establish a duty to defend,

10 Tips for Securing Beneficial Amicus Support on Appeal

September 10, 2020 / Writing and Speaking

By Melinda S. Kollross, published by the Federation of Defense & Corporate Counsel in the Fall 2020 issue of Insights.

INTRODUCTION

Amicus curiae or “friend of the court” briefs are submitted by persons or entities who are not parties to a given lawsuit.

Allocation of Fault/Settling Tortfeasors: Upset by the Offset? California’s Second Appellate District Clarifies Jury Awards Involving Parties Who Previously Settled in Good Faith

September 9, 2020 / News / Writing and Speaking

In Shuler, et al. v. Capital Agricultural Property Services, Inc., et al. (2020) 49
Cal.App.5th 62, the Second Appellate District Court of California revisited California law on joint and several liability, and the proper allocation of jury verdict awards involving previously settled joint tortfeasors who settled in good faith pursuant to California Code of Civil Procedure § 877.6.

  • 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

    Florida 33609

    4830 West Kennedy Boulevard, One Urban Center

    Suite 600

    Tampa, Florida 33609

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

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.745.3598 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman