Showing all results for category “Writing and Speaking”

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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Insurer Goes 1 for 2 in Coverage Dispute Over Elevator Accident

December 27, 2025 / News / Writing and Speaking

Don Sampen analyzes a Northern District of Illinois elevator accident coverage case, where the court held that an insured could not target tender to an excess insurer, and that another insurer was potentially estopped from denying coverage by failing to issue an effective reservation of rights.

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Florida’s Middle District Denies Plaintiffs’ Motion for Voluntary Dismissal to Rectify Deficiencies

December 12, 2025 / News / Writing and Speaking

Douglas Cohen analyzes a Florida Middle District decision that denied the plaintiffs’ motion for voluntary dismissal to rectify deficiencies in the defendant’s motion for summary judgment after determining that the plaintiffs were solely attempting to avoid an adverse ruling and have a “do-over.”

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Appeals Court Weighs ‘Microbe’ Versus ‘Water-borne Material’

December 10, 2025 / News / Writing and Speaking

Don Sampen analyzes a First District Appellate Court decision that found a property insurance policy limit applying to “microbes” resulting from a water backup did not foreclose the application of a higher coverage limit for loss caused by “water-borne material.”

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Court Examines Claims-made Policy, Retroactive Date Defense

November 20, 2025 / News / Writing and Speaking

Don Sampen analyzes a First District Appellate Court decision holding that coverage of a claim for the unlawful release of biometric data was barred as having occurred before the retroactive date under a claims-made policy despite lack of insured’s knowledge with the “deemed to occur” notice provision.

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Mediation as a Condition Precedent to Insurance Litigation

November 14, 2025 / News / Writing and Speaking

Tiffany McAvoy examines a Florida Senate bill that introduces important statutory changes to insurance litigation. Applicable to a wide range of insurance controversies, the bill mandates mediation as a condition precedent to litigation.

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Final Jury Verdict Reversed and Remanded for Trial Court’s Order Denying Insurer’s Motion to Set Aside Verdict for Failing to Dismiss and Limiting Affirmative Defenses

November 7, 2025 / News / Writing and Speaking

Douglas Cohen analyzes a Third District Court of Appeals reversal of a trial court’s order denying the insurer’s motion to set aside a final judgment after a jury verdict in favor of the insured. The court cited a lack of pre-suit notice as required under Florida law and a precedent that allows insurers to present multiple defenses.

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Teacher Sued for Sexual Misconduct Loses Bid to Recoup Defense Costs

November 4, 2025 / News / Writing and Speaking

Don Sampen analyzes a First District Appellate Court decision holding that coverage of a claim for the unlawful release of biometric data was barred as having occurred before the retroactive date under a claims-made policy despite lack of insured’s knowledge with the “deemed to occur” notice provision.

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Florida Second District Court of Appeal Reverses Directed Verdict on ACV in Favor of Insurer, Remands for New Trial

October 30, 2025 / News / Writing and Speaking

Zachary Sonenblum analyzes a Florida Second District Court of Appeal decision to reverse a directed verdict on actual cash value (ACV) entered in favor of the insurer, remanding the case for a new trial.

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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