Showing all results for category “Writing and Speaking”
COVID-19 Losses Excluded Even Under ‘Contamination’ Definition
By Don R. Sampen, published, Chicago Daily Law Bulletin, June 21, 2022
The 1st District Appellate Court recently held that a contamination exclusion in an all-risk commercial property insurance policy excluded coverage for business loss caused by the Covid-19 pandemic,
Don Sampen’s Historical Novel The Whims of War Reviewed in CBA Record
Partner and prolific writer Don Sampen’s historical fiction novel, The Whims of War, was recently reviewed in the Chicago Bar Association’s CBA Record. The novel tells the story of a family businessman in Philadelphia who is drawn reluctantly into taking sides in the Revolutionary War.
Claimant’s ‘Public Safety’ Allegation Construed As Avoiding Auto Exclusion
By Don R. Sampen, published, Chicago Daily Law Bulletin, June 7, 2022
The 1st District Appellate Court recently held that the auto and commercial general liability insurer for a sub-subcontractor owed not just auto coverage but also CGL coverage for an additional insured subcontractor,
Cook County Judge Rules Illinois Prejudgment Interest Statute Unconstitutional
By Thushan M. Sabaratnam & Morgan A. Dilbeck
A recent Cook County Circuit Court ruling finds that a prejudgment interest statute requiring a defendant to extend a settlement offer within one year of plaintiff filing a major tort claim, including personal injury and wrongful death, violates the Illinois Constitution.
Employment And Statutory Exclusions Found Inapplicable To BIPA Class Action
By Don R. Sampen, published, Chicago Daily Law Bulletin, May 17, 2022
The U.S. District Court for the Northern District of Illinois recently held that liability policy exclusions for employment practices and certain statutory violations are not effective to exclude coverage for a claim that the insured violated the Illinois Biometric Information Privacy Act in the insured’s handling of fingerprints taken from employees for timekeeping purposes.
Driver Lacked ‘Reasonable Belief’ He Was Entitled To Drive With Conditional License
By Don R. Sampen, published, Chicago Daily Law Bulletin, May 3, 2022
The 1st District Appellate Court recently held that a “reasonable belief” exclusion in an automobile liability policy barred coverage for a 16-year-old driver involved in an accident while driving in violation of the conditions set forth in his conditional driver’s license.
Massachusetts and Iowa: First State High Courts To Rule That There Is No Property Insurance Coverage For Business Interruption Pandemic Related Losses
By Melinda S. Kollross
The Massachusetts Supreme Judicial Court and the Iowa Supreme Court have issued opinions a day apart becoming the first state high courts to rule that insureds are not owed coverage under their property policies for pandemic related business interruption losses because no physical loss or damage occurred by virtue of the COVID-19 pandemic.
Assignee Of Additional Insured Deemed To Be An Insured As Well
By Don R. Sampen, published, Chicago Daily Law Bulletin, April 19, 2022
The 1st District Appellate Court recently held that an additional insured’s assignment of its contract with the named insured entitled the assignee to assume the assignor’s insurance rights and become an additional insured.
BIPA Claim Accrual Update
By Alexander J. Brinson and Mitchel D. Torrence
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”).
COVID’s Impact On Civil Jury Attitudes And Procedures
By Eli B. Vine and Kathleen M. Klein
As the COVID-19 pandemic began, the majority of courthouses across the country had to significantly alter their operations. Many courts initially limited their proceedings to only the most essential and time sensitive matters,