Showing all results for category “Writing and Speaking”

Burden on Insureds to Prove Exception to Exclusion in Property Policy

February 24, 2021 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, February 23, 2021

The 5th District Appellate Court recently held that insureds have the burden of establishing an exception to an exclusion in a property insurance policy,

Melinda Kollross Published in DRI’s For The Defense Magazine

February 23, 2021 / Writing and Speaking

Clausen Miller is pleased to announce that Shareholder and Appellate Practice Group Chair Melinda Kollross is a featured author in the February 2021 edition of the Defense Research Institute (DRI)’s For The Defense Magazine.  

Kollross and Esposito Published in IDC Quarterly

February 17, 2021 / Writing and Speaking

Clausen Miller Appellate Practice Group Chair Melinda  Kollross and Senior Counsel Paul Esposito have a feature article published in the first volume of the 2021 IDC Quarterly.  The article addresses Illinois Pattern Jury Instruction 12.04 on proximate cause.

Evidence of Damage to Claimant’s Property Wrongfully Excluded

February 16, 2021 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, February 9, 2021

The 7th U.S. Circuit Court of Appeals, reversing a grant of judgment on the pleadings for an insurer, recently held that an insured was entitled to demonstrate that the underlying plaintiff was seeking to recover for property damage arising from an occurrence,

High Court Enforces Automobile Exclusion for Farm Equipment

January 27, 2021 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, January 26, 2021

The Illinois Supreme Court, reversing an appellate court decision, recently held that a mechanical device exclusion in an automobile policy was not ambiguous and not a violation of public policy.

Florida Supreme Court: Extracontractual Damages Not Recoverable in Florida First Party Property Policy Claim Litigation Absent Policyholder Compliance With Florida’s Civil Remedy Notice (CRN) Statute

January 25, 2021 / Writing and Speaking

by Anne E. Kevlin

On January 21, 2021, the Florida Supreme Court decided in the negative the following certified question:

In a first-party breach of insurance contract action brought by an insured against its insurer,

Coming Attractions: Florida Changes Its Summary Judgment Standard

January 25, 2021 / Writing and Speaking

by Paul V. Esposito

Back when we could still go to movies, getting there early was advisable. It allowed time to get popcorn, candy, a drink, and then find a good seat before the previews started.

Court Upholds Insurer’s Post-Judgment Interest Obligation Under Policy

January 18, 2021 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, January 12, 2021

The 1st District Appellate Court recently held that an insurer’s depositing with the court clerk its policy limit plus accrued post-judgment on the full judgment against its insured,

Illinois Supreme Court Creates New Law And Shows Why It Is Crucial To Argue In The Alternative

January 14, 2021 / Writing and Speaking

by Melinda S. Kollross

In Dameron v. Mercy Hosp., 2020 IL 125219, the Illinois Supreme Court answered a question of first impression regarding discovery in a medical malpractice case. The Court ruled that a party is permitted to redesignate an expert from an Illinois Supreme Court Rule 213(f) controlled expert subject to full disclosure to a Rule 201(b)(3) consultant not subject to full disclosure if done in a reasonable amount of time before trial and where the expert report has not been disclosed.

Out on a Limb: Ditching Collectability in Legal Malpractice Actions

January 11, 2021 / Writing and Speaking

by Paul V. Esposito

No one should be surprised to learn that lawyers tend to disagree. Put two or three together, and any hopes of unanimity fade. It doesn’t change when they become judges.

  • 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