Showing all results for category “Writing and Speaking”
Illinois Supreme Court Decision Proves The Wisdom Of Using Appellate Counsel At Trial
Introduction
The authors of this Sidebar have long advocated the wisdom of using appellate counsel at trial, not only to preserve error for appeal, but to help ensure a defense verdict. A recent Illinois Supreme Court decision proves again that wisdom with respect to the expertise of appellate counsel in carefully drafting special interrogatories,
Multiple Limits on Declarations Pages Results in Stacking
By Don R. Sampen, published, Chicago Daily Law Bulletin March 26, 2019
The 5th District Appellate Court recently held that the listing of liability limits twice in the declarations pages of an automobile insurance policy required that the limits be stacked,
Court Finds Malicious Prosecution Coverage Upon Exoneration
Creating a conflict with earlier Illinois appellate case law, the 1st District Appellate Court recently held that a municipality’s liability coverage for malicious prosecution was triggered upon exoneration of the claimant, not at the time the claimant was wrongfully prosecuted.
Proximate Cause Lacking in Opioid Addiction Case Against Pain Management Physician Absent Expert Testimony from an Addictionologist
In a split decision, the Illinois Appellate Court, First District holds that a medical malpractice plaintiff failed to prove proximate cause against a pain management physician where there was no evidence from an addiction expert connecting the defendant’s failure to identify the patient’s opioid addiction and her death/suicide by acetaminophen overdose.
Illinois’ Biometric Information Privacy Act: What Does It Mean to Be “Aggrieved”?
by Clausen Miller’s Data Privacy and Security Practice Group
On January 25, 2019, the Illinois Supreme Court decided in Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186 (Ill.
Drone Technology is Taking Off – Are Insurance Companies Ready for It?
Given the explosion of drone technology in recent years, it was only a matter of time before a coverage dispute arose over the use of drones. On December 7, 2018, that time came when the United States District Court for the Central District of California issued an opinion on whether an aircraft exclusion applied to damages sustained by a wedding guest when she walked into the photographer’s drone.
Slow-Motion Claims Service Brings Heavy Penalty
By Don R. Sampen, published, Chicago Daily Law Bulletin
December 20, 2018
The 2nd District Appellate Court recently affirmed a finding of bad faith against a first-party insurer for vexatious delay in resolving a building collapse claim.
Good Faith Covenant Assists Jilted Agent
By Don R. Sampen, published, Chicago Daily Law Bulletin
December 11, 2018
The 1st District Appellate Court recently held that an insurance agent adequately alleged breach of the implied covenant of good faith and fair dealing against an insurance company in connection with the agent’s transfer of business to another agent.
“No-Recoupment” Default Rule in Restatement of the Law: Liability Insurance Cited by Illinois Court in Support of Ruling Dismissing Insurer Recoupment Claim
Introduction
In Gilbane, Inc. v. Liberty Ins. Underwriters, Inc., (case no. 2016‑CH‑15163) a Cook County, Illinois court dismissed an insurer’s claim for recoupment of a $7.5 million settlement payment from its policyholder based on the equitable theory of unjust enrichment.
Clausen Miller Helps Develop Illinois Law On Contribution And The Kotecki Cap
At least in Illinois, joint and several liability is a fact of life in personal injury cases. A defendant found at least 25% at fault can be forced to pay a plaintiff’s entire judgment, even though multiple tortfeasors were involved.