Showing all results for category “Writing and Speaking”
Pain-killer: Oklahoma Limits Public Nuisance Liability
by Paul V. Esposito
Some adages can use refinement. There’s the one about the only certainties in life being death and taxes. Right with them is pain, which for most people comes sooner than the other two.
Federal And State Appellate Tribunals Continue To Rule For Insurers On COVID-19 Business Interruption Claims
by Melinda S. Kollross
In Volume 3 of our 2021 CM Report, I reported on a growing body of federal appellate precedent holding that first-party property policies do not cover COVID-19 business interruption losses.
California Appellate Court Rules COVID-19 Death Suit May Proceed Against Widow’s Employer
California Appellate Court Rules COVID-19 Death Suit May Proceed Against Widow’s Employer
by Melinda S. Kollross
A California appellate court recently ruled that plaintiff’s employer must face a lawsuit alleging that plaintiff contracted COVID-19 at work and infected her husband,
The Seventh Circuit Warns That Appellate Practice Is A Minefield With Traps For The Unwary
by Melinda S. Kollross
The Seventh Circuit’s decision in Association of American Physicians and Surgeons, Inc. v. American Board of Medical Specialties, 15 4th 831 (7th Cir. 2021), is not remarkable for its ruling on the merits of the dispute.
SIDEBAR – No Chance For A Non-IPI Instruction On The Lost Chance Doctrine In Medical Malpractice Actions After Gretencord-Szobar v. Kokoszka, 2021 IL App (3d) 200015 and Bailey v. Mercy Hospital and Medical Ctr., 2021 IL 126748
by Melinda S. Kollross
In Gretencord-Szobar, 2021 IL App (3d) 200015, this author defended a medical malpractice defense verdict in the Illinois Appellate Court, Third District, against plaintiff’s argument that a new trial should have been ordered because the trial court refused to give a non-IPI jury instruction explaining the lost chance doctrine to the jury.
Court Construes Coverage Denial Based On Policy Conditions As A Rescission
By Don R. Sampen, published, Chicago Daily Law Bulletin, January 4, 2022
The 1st District Appellate Court recently held that an insurer’s denial of coverage based on conditions in an automobile policy regarding the truth of the insured’s representations,
Duty To Defend For Negligence Held To Apply To Willful, Wanton Conduct
By Don R. Sampen, published, Chicago Daily Law Bulletin, December 21, 2021
The 2nd District Appellate Court recently held that an insurer had a duty to defend an additional insured based on allegations of “willful and wanton” conduct,
Errors-and-omissions Sexual Misconduct Exclusion Applied In Case Against School
By Don R. Sampen, published, Chicago Daily Law Bulletin, December 7, 2021
The 7th U.S. Circuit Court of Appeals, reversing the district court, recently upheld the application of a sexual misconduct exclusion in a school district’s claims-made errors and omission policy.
Court Extends Liability Protection To Tenant As ‘Co-insured’ For Property Coverage
By Don R. Sampen, published, Chicago Daily Law Bulletin, November 24, 2021
The 3rd District Appellate Court recently held that tenants on property for which the landlord purchased insurance were not only co-insureds for purposes of property coverage,
Court Finds Against Labor Decline On ‘Actual Cash Value’ Payment
By Don R. Sampen, published, Chicago Daily Law Bulletin, November 9, 2021
The Illinois Supreme Court recently held that, where an insured under a property policy is entitled to receive reimbursement for an insured loss on an actual cash value basis,