Showing all results for category “Writing and Speaking”
Burden on Insureds to Prove Exception to Exclusion in Property Policy
By Don R. Sampen, published, Chicago Daily Law Bulletin, February 23, 2021
The 5th District Appellate Court recently held that insureds have the burden of establishing an exception to an exclusion in a property insurance policy,
Melinda Kollross Published in DRI’s For The Defense Magazine
Clausen Miller is pleased to announce that Shareholder and Appellate Practice Group Chair Melinda Kollross is a featured author in the February 2021 edition of the Defense Research Institute (DRI)’s For The Defense Magazine.
Kollross and Esposito Published in IDC Quarterly
Clausen Miller Appellate Practice Group Chair Melinda Kollross and Senior Counsel Paul Esposito have a feature article published in the first volume of the 2021 IDC Quarterly. The article addresses Illinois Pattern Jury Instruction 12.04 on proximate cause.
Evidence of Damage to Claimant’s Property Wrongfully Excluded
By Don R. Sampen, published, Chicago Daily Law Bulletin, February 9, 2021
The 7th U.S. Circuit Court of Appeals, reversing a grant of judgment on the pleadings for an insurer, recently held that an insured was entitled to demonstrate that the underlying plaintiff was seeking to recover for property damage arising from an occurrence,
High Court Enforces Automobile Exclusion for Farm Equipment
By Don R. Sampen, published, Chicago Daily Law Bulletin, January 26, 2021
The Illinois Supreme Court, reversing an appellate court decision, recently held that a mechanical device exclusion in an automobile policy was not ambiguous and not a violation of public policy.
Florida Supreme Court: Extracontractual Damages Not Recoverable in Florida First Party Property Policy Claim Litigation Absent Policyholder Compliance With Florida’s Civil Remedy Notice (CRN) Statute
by Anne E. Kevlin
On January 21, 2021, the Florida Supreme Court decided in the negative the following certified question:
In a first-party breach of insurance contract action brought by an insured against its insurer,
Coming Attractions: Florida Changes Its Summary Judgment Standard
by Paul V. Esposito
Back when we could still go to movies, getting there early was advisable. It allowed time to get popcorn, candy, a drink, and then find a good seat before the previews started.
Court Upholds Insurer’s Post-Judgment Interest Obligation Under Policy
By Don R. Sampen, published, Chicago Daily Law Bulletin, January 12, 2021
The 1st District Appellate Court recently held that an insurer’s depositing with the court clerk its policy limit plus accrued post-judgment on the full judgment against its insured,
Illinois Supreme Court Creates New Law And Shows Why It Is Crucial To Argue In The Alternative
by Melinda S. Kollross
In Dameron v. Mercy Hosp., 2020 IL 125219, the Illinois Supreme Court answered a question of first impression regarding discovery in a medical malpractice case. The Court ruled that a party is permitted to redesignate an expert from an Illinois Supreme Court Rule 213(f) controlled expert subject to full disclosure to a Rule 201(b)(3) consultant not subject to full disclosure if done in a reasonable amount of time before trial and where the expert report has not been disclosed.
Out on a Limb: Ditching Collectability in Legal Malpractice Actions
by Paul V. Esposito
No one should be surprised to learn that lawyers tend to disagree. Put two or three together, and any hopes of unanimity fade. It doesn’t change when they become judges.