Showing all results for category “Writing and Speaking”
Insurer Potentially Liable For TCPA Violations By Claimed Agents
By Don R. Sampen, published, Chicago Daily Law Bulletin, September 23, 2021
The 7th U.S. Circuit Court of Appeals recently held that an insurance company could be held liable on an agency theory for unauthorized robocalls under the Telephone Consumer Protection Act,
Obligation Found For Allegations ‘Straddling’ Vicarious Liability
By Don R. Sampen, published, Chicago Daily Law Bulletin, September 7, 2021
The 7th U.S. Circuit Court of Appeals recently held that an additional insurer owed a defense to an additional insured covered only for vicarious liability,
Disclosure Of Umbrella Policy Not Required By State Statute
By Don R. Sampen, published, Chicago Daily Law Bulletin, August 24, 2021
The 1st District Appellate Court recently held that an Insurance Code requirement that an automobile insurer must disclose the insured’s “liability insurance policy,” did not require disclosure of the insured’s umbrella coverage when requested by a claimant seeking recovery against the insured.
Boundaries: The Court Limits District Liability For Shootings
By Paul V. Esposito
Irish playwright George Bernard Shaw famously said, “Youth is wasted on the young.” We can think back to those carefree teenage days, wishing we had the chance to re-live them.
Gone But Not Forgotten: Court Limits Emotional Distress Recovery For Lost Personal Property
By Paul V. Esposito
We collect stuff. Lots of stuff. Whether we collect on purpose, or collect on impulse, we collect all the same. We’ve collected so much that now there’s a movement of minimalists urging us to rid ourselves of most of it.
The Minuses Win: A Physician’s Limited Liability For An IME Examination
By Paul V. Esposito
If you’re lucky, an answer is obvious. But for life’s thornier problems, an answer may not be so obvious—or not obvious at all. That’s why they’re thorny. So in figuring out an answer,
Insurer Found To Have No Warranty Liability To Assignees Of Tort Claim
By Don R. Sampen, published, Chicago Daily Law Bulletin, August 10, 2021
The 7th U.S. Circuit Court of Appeals recently held that a subcontractor’s waiver of the Kotecki cap did not subject the subcontractor’s insurer to liability for the subcontractor’s alleged breach of warranty,
Insurer Bound By Judgment In Case It Was Not A Party To
By Don R. Sampen, published, Chicago Daily Law Bulletin, July 29, 2021
The 1st District Appellate Court recently held that an automobile insurer was collaterally estopped from contesting a judgment in another case,
Extrinsic Evidence Properly Considered In Coverage Denial For Sexual Molestation
by Don R. Sampen
The evidence on which an insurer may rely in making a decision whether to defend an insured constitutes a frequent issue in liability coverage matters. Some jurisdictions subscribe to the “eight corners” rule,
Reimbursement Owed To Non-owner’s Automobile Insurer
By Don R. Sampen, published, Chicago Daily Law Bulletin, July 13, 2021
The 7th U.S. Circuit Court of Appeals recently affirmed an award of defense costs in favor of one insurer and against another under overlapping automobile liability policies,