Showing all results for category “Writing and Speaking”

Florida Legislature Approves Changes To Property Insurance Laws For Admitted And Surplus Lines Insurers

May 6, 2021 / News / Writing and Speaking

By Charles W. Deutsch

On Friday, April 30, 2021, on the last day of Florida’s annual legislative session, the Florida state legislature passed Senate Bill 76. The bill, which is expected to be signed into law by Governor Ron DeSantis,

First Take: Duty To Defend COVID-19 Claim Under CGL Policy

April 14, 2021 / Writing and Speaking

By Amy R. Paulus

On February 22, 2021, the U.S. District Court for the Northern District of Illinois held that a commercial general liability (“CGL”) insurer has a duty to defend McDonald’s against claims brought by employees allegedly exposed to coronavirus on the job.

Florida Courts: Insurer’s Request For Appraisal Does Not Toll Civil Remedy Notice Cure Period

April 14, 2021 / Writing and Speaking

By Anna P. Jiménez

Florida’s Fourth District Court of Appeals joined other Florida appellate courts in determining that a bad faith action cannot be dismissed on the grounds that appraisal was awarded and paid because the insurer’s request for appraisal did not toll the 60-day cure period reflected in §624.155 of Florida Statutes for a Civil Remedy Notice (“CRN”).

Florida Court of Appeals Dismisses Bad Faith Lawsuit For Failure To Comply With The Civil Remedy Notice Specificity Requirements

April 14, 2021 / Writing and Speaking

By Michael H. Scott

In Florida, a policyholder may not assert a statutory bad faith lawsuit against its Insurer under § 624.155, Fla. Stat. without first filing a Civil Remedy Notice (“CRN”) with the Florida Department of Financial Services (the “Department”).

Burden On Insureds To Prove Exception To Exclusion In Property Policy

April 14, 2021 / Writing and Speaking

By Don R. Sampen

A common and near-universal rule of insurance coverage is that the insured has the burden of proving that a claim or loss falls within the scope of a policy’s insuring agreement,

Eleventh Circuit Upholds Summary Judgment For Insurer Citing Doctrine Of Uberrimae Fidei

April 14, 2021 / Writing and Speaking

By Michele T. Bachoon

The legal doctrine of uberrimae fidei literally means “utmost good faith”. This term is common in the insurance industry as the insurance policy, which is a legal contract,

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

April 14, 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,

Update: Recent BIPA Cases And “Standing” To Sue In Federal Court

April 14, 2021 / Writing and Speaking

By Brian J. Riordan, Mindy M. Medley and Alexander J. Brinson

Introduction

Clausen Miller’s Technology & Cyber Group provides the following update to keep you informed on recent important cases adjudicating Illinois’ Biometric Information Privacy Act (“BIPA”).

More Tales From The Minefield Of Post-Trial/Appellate Practice: Omega SA v. 375 Canal, LLC, 984 F.3d 244 (2nd Cir. 2021)

April 14, 2021 / Writing and Speaking

By Melinda S. Kollross

Introduction

During this Sidebar author’s nearly 30 years of post-trial and appellate practice, she has guided her work for her clients according to one steadfast rule—always use “belts and suspenders” when it comes to preserving errors and insuring appellate jurisdiction.

Update: Florida Enacts New Law Modifying Appellate Jurisdiction Over County Court Appeals

April 14, 2021 / Writing and Speaking

By Benjamin S. Burnstine

Introduction

Clausen Miller’s Technology & Cyber Group provides the following update to keep you informed on recent important cases adjudicating Illinois’ Biometric Information Privacy Act (“BIPA”). BIPA regulates the collection,

  • 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

  • Mission Viejo

    California 92691

    27285 Las Ramblas

    Suite 200

    Mission Viejo, California 92691

    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