Showing all results for category “Writing and Speaking”

A Decision of Significance: The Illinois Appellate Court, First District, Grants a Shipping Broker JNOV on Appeal Holding That There Was No Vicarious Liability Relationship Between the Shipping Broker and the Broker’s Carrier and Driver

Melinda Kollross examines an Illinois Appellate Court granting a shipping broker judgment notwithstanding the verdict on appeal, holding the shipping broker not liable for a driver’s accident because there was no vicarious liability relationship between the broker and its carrier and driver.

A Special Note on Illinois Supreme Court’s Treatment of Mason v. St. Vincent’s Home, Inc., 2022 IL App (4th) 210458 in Clanton v. Oakbrook Healthcare Centre, 2023 IL 129067

Melinda Kollross details how Mason v. St. Vincent’s Home, Inc. remains precedentially important for drafting arbitration agreements, future litigation citations and defending orders to compel arbitration even after the Illinois Supreme Court overruled a portion of it.

Illinois Supreme Court Overrules Good Defense Law On Nursing Facility Arbitrations

Melinda Kollross analyzes the Illinois Supreme Court decision to overrule a defense law on nursing facility arbitrations, finding that the subject contract’s termination-on-death clause terminated the arbitration provision when the decedent died.

No Defense Obligation Found Based on Claim Preclusion

Applying res judicata principles, the 3rd District Appellate Court found that an insurer had no defense obligation due to the insureds’ lack of cooperation in a previous, related suit. Don Sampen breaks down the case in his column for the Chicago Daily Law Bulletin.

Unanimous Nevada Supreme Court Rules There Is No Commercial Property Coverage for COVID-19 Economic Losses Without Physical Loss or Damage

Melinda Kollross details a Nevada Supreme Court decision holding that there is no business interruption coverage for COVID-19 related economic losses absent physical loss or damage, joining the chorus of other state high courts’ decisions on the matter.

Florida District Court Grants Insurance Carrier’s Final Summary Judgment Motion for Failure to Disclose Appropriate Expert

Tony Pagán, Jr. analyzes a ruling by the U.S. District Court for the Southern District of Florida wherein the Court ultimately granted an insurance carrier’s summary judgment motion because the insured failed to disclose an expert to testify in its case-in-chief and lacked evidence to prove causation and/or damages.

Florida District Court Holds 5-year Statute of Limitations Tolled for 10 Business Days in Hurricane Irma Claim

Michael Scott examines a Southern District of Florida decision involving a Hurricane Irma claim where the Court held that the 5-year statute of limitations was tolled for 10 business days by Fla. Stat. § 627.70152(3)(b)

First District Court of Appeal Renders Public Adjuster Contract Void in Dispute Between Insureds and Public Adjuster

Kelly Vogt breaks down a dispute between insureds and their public adjuster in which the First District Court of Appeal found the PA contract to be void. The contract collected a 10% fee and stipulated that the insureds name their PA as an appraiser in the event of appraisal.

Court Finds No Bad Faith Remedy in the Absence of Contract Breach

By Don R. Sampen, published, Chicago Daily Law Bulletin, September 5, 2023

The 1st District Appellate Court recently reaffirmed that section 155 of the Illinois Insurance Code, 215 ILCS 5/155, does not create liability but merely provides an extracontractual remedy for an insurer’s unreasonable and vexatious conduct.

An Appellate Trap Arising In Liability Coverage Rulings – An Order Finding That An Insurer Has a Duty to Defend Must Actually Compel The Insurer To Defend To Be Immediately Appealable

By Melinda S. Kollross

In Zenith Ins. Co. v. Newell, No. 21-1748 (3rd Cir. 8-24-23), the Third Circuit Court of Appeal identified a fatal jurisdictional error to having an appellate court review a trial court interlocutory order declaring that an insurer had a duty to defend its insured…and the decision illustrates the wisdom of always having appellate counsel review orders to make sure they “dot all the i’s and cross all the t’s” so that subject matter jurisdiction can be transferred from the trial court to the appellate court.