Showing all results for category “Writing and Speaking”
Insurers Free From Duty to Defend if Dispute Involved in Mediation
By Don R. Sampen, published, Chicago Daily Law Bulletin October 8, 2019
The 1st District Appellate Court recently
held that an insurer had no duty to defend an insured in connection with a
mediation that,
Move to Force Coverage From Excess Insurer Goes Nowhere
By Don R. Sampen, published, Chicago Daily Law Bulletin September 23, 2019
The 7th U.S. Circuit Court of Appeals
recently held that late notice to an excess insurer relieved the insurer of any
obligation to indemnify the insured.
Estoppel Doesn’t Apply Where Insurer is Not Controlling Defense
By Don R. Sampen, published, Chicago Daily Law Bulletin September 9, 2019
The 7th U.S. Circuit Court of Appeals recently held that an insurer was not estopped from denying coverage even though it had participated in the defense of an insured without a reservation,
Absent Claimant Not Bound by Coverage Judgment in Prior Suit
By Don R. Sampen, published, Chicago Daily Law Bulletin August 13, 2019
The 1st District Appellate Court recently
held that res judicata could not be used by an insurer to support its
no-coverage position against a claimant where the claimant was not a party to
the earlier lawsuit from which the res judicata argument arose.
Surety Finds Quia Timet Remedy Not in Play Under Contract Terms
By Don R. Sampen, published, Chicago Daily Law Bulletin July 30, 2019
The 7th U.S. Circuit Court of Appeals
recently held that a surety for a financially disabled construction contractor
was not entitled to use the common-law doctrine of quia timet for relief
against the contractor,
The Frye v. Daubert Saga Continues; Florida Supreme Court Adopts Daubert Standard
Introduction
The Daubert standard has found favor in most U.S. courts as encouraging expert opinions based on more reliable methods. Nevertheless, in October 2018, Florida’s Supreme Court rejected Daubert as the standard,
Possible Liability Proves Insufficient to Support Bad Faith Settlement Suit
By Don R. Sampen, published, Chicago Daily Law Bulletin July 16, 2019
The 7th U.S. Circuit Court of Appeals, interpreting Illinois law, recently held that an insurer did not act in bad faith despite having the opportunity to settle within its policy limit a medical-malpractice case in which a damage judgment against the insured was entered in excess of the limit.
Appellate Practice Group Co-Chair Melinda Kollross Cited in ABA Article on Diversity of Appellate Counsel
Clausen Miller Appellate Practice Group co-chair Melinda Kollross is cited in “Oyez Us Roar: Reflections on the Diversity of Appellate Counsel” in the Spring 2019 Issue of the American Bar Association’s “The Woman Advocate.” (https://www.americanbar.org/groups/litigation/committees/woman-advocate/articles/2019/spring2019-oyez-us-roar-reflections-on-the-diversity-of-appellate-counsel/)
Read Melinda’s thoughts on becoming a successful appellate practitioner who argues cases for her clients before appellate tribunals nationwide in the attached full article.
Possible Conflict of Interest Lets Insured Pick Counsel
By Don R. Sampen, published, Chicago Daily Law Bulletin June 3, 2019
The 1st District Appellate Court recently held that a complaint in which the plaintiff demands substantially more in punitive damages than compensatory damages can give rise to a conflict of interest between an insurer and the defendant insured,
Unambiguous Policy Defeats Last-Antecedent Grammar Rule
By Don R. Sampen, published, Chicago Daily Law Bulletin May 20, 2019
The 2nd District Appellate Court recently rejected application of the last-antecedent rule of grammatical construction in finding an umbrella liability policy unambiguous.