Showing all results for category “Writing and Speaking”

Prior Policy Applications Found Relevant to Claim for Rescission

By Don R. Sampen, published, Chicago Daily Law Bulletin, March 21, 2023

The U.S. District Court for the Northern District of Illinois, construing Illinois law, recently evaluated the pleading requirements for an insurer seeking to rescind an insurance policy.

Louisiana Supreme Court Rules No Coverage for Covid-19 Business Interruption Claims in Cajun Conti 

By Melinda S. Kollross

The Louisiana Supreme Court issued its decision in Cajun Conti LLC v. Certain Underwriters at Lloyds London becoming the latest state high court to rule in favor of insurers,

Tom Moody and Nick Travis Outline Appraisal Strategies and Property Case Law Developments at the PLRB Claims Conference

Clausen Miller partners Tom Moody and Nick Travis will offer insights on property and liability insurance issues and recent legal developments at the Property and Liability Resource Bureau (PLRB) Claims Conference in Orlando March 19-22.

Pandemic Coverage Claims Update: Federal and State Appellate Tribunals Continue to Rule For Insurers

By Melinda S. Kollross

In a long awaited decision, the United States Court of Appeals for the Third Circuit, encompassing the areas of Pennsylvania, New Jersey, Delaware, and the Virgin Islands, ruled that there is no coverage for pandemic related economic loses.

The Illinois Minefield Known As Preservation of Error For Appeal—Midwest Mailing and Shipping Systems, Inc. v. Schoenberg, Finkel, Newman & Rosenberg, 2023 IL App (1st) 220562-U.

By Melinda S. Kollross

This recent Illinois Appellate decision in Midwest Mailing illustrates again the many pitfalls that can occur to those unfamiliar or untrained with preserving error for appeal in Illinois.

Fright Night: Recovering Emotional Distress Damages Absent Accompanying Physical Consequences

By Paul V. Esposito

There’s a famous phrase about “things that go bump in the night.” It’s part of an old Scottish or Cornish prayer seeking protection from “ghoulies and ghoosties and long-legged beasties” roaming a house.

Texas Supreme Court Rejects Expert Testimony in Crop Spraying Case

By Paul V. Esposito

Finding the testimony of experts unreliable, the Texas Supreme Court has reversed a court of appeals decision allowing a crop production loss claim to proceed to trial. Helena Chem.

Bland v. Q-West, Inc. 2023 Ill. App. 2d 210683 —A “Stand Out” Decision By The Illinois Appellate Court, Second District.

By Melinda S. Kollross

The recent decision in Bland would be noteworthy just for the fact that an Illinois Appellate Court reversed a plaintiff’s personal injury verdict of $51 million and remanded the case back for a new trial.

Collateral Estoppel Prevents Insured from Denying Intent in Coverage Fight

By Don R. Sampen, published, Chicago Daily Law Bulletin, March 7, 2023

The 3rd District Appellate Court recently held that an insured’s admission of an intentional battery in a criminal case collaterally estopped the insured from claiming his alleged conduct was not intentional.

Speed Kills: Potential Product Liability When Social Media Apps Contribute To Accidents

By Paul V. Esposito

But for the grace of God, many of us might already be dead. Those teenage and early adult years were tons of fun. They left plenty of time for doing crazy things.