Showing all results for category “Writing and Speaking”
“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.
Restatement of Law of Liability Insurance: The Plain-Meaning Rule
By: Amy R. Paulus and Henry T.M. LeFevre-Snee
The American Law Institute’s (“ALI”) draft Restatement of the Law of Liability Insurance’s (“Restatement”) use of “custom, practice and usage” evidence to determine the plain meaning of unambiguous terms does not find support in a majority of states,
No Coverage For Fraudulent Wine Purchases Under “Private Collections” Policy
Earlier this year, we wrote about a California Appellate Court case holding that an unsuspecting wine collector who purchased millions of dollars’ worth of counterfeit wine from a “villainous wine dealer” sustained a financial loss,
Appraisers May Determine Cause of Damage
In Walnut Creek Townhome Association v. Depositors Insurance Co., No. 16-0121 (Iowa, June 1, 2018), the Iowa Supreme Court held that the factual cause of damage to insured property may be determined by appraisal.
E-Filing: Avoiding Another Litigation Minefield
E-filing documents into court systems was supposed to make everyone’s job easier and provide more time to get a client’s legal work completed. E-filing allows the attorney to timely file up to the last minute of the day when a document is due to be filed,
If At First You Don’t Succeed: Wisconsin Supreme Court Approves Caps In Med Mal Cases
Life is about many things, and one of the most important is perseverance. Walt Disney went bankrupt several times before he built Disneyland. He passed on a cartoonist named Charles Schultz, who eventually did alright drawing a group of kids and a dog named Snoopy.
No Estoppel Without Prejudice to the Insured
By Don R. Sampen, published, Chicago Daily Law Bulletin
July 10, 2018
The 1st District Appellate Court recently held that the Illinois Insurance Guarantee Fund was not estopped to assert a coverage defense under the policy of the insurer whose obligations it had assumed,
Esposito Writes on Pharmacists’ Duties
Not Just Bottle-Fillers: Pharmacists’ New Duty to Protect Patient’s Health Care Coverage
Progress does not come cheap, a fact no more evident than in the field of pharmacology. The progress, of course,
Esposito Writes on Special Relationships in Tort
Schools’ Duty to Prevent Suicides: A New Special Relationship
It was a classic movie scene. Karl Malden, playing a fire-and-brimstone preacher in Disney’s Pollyanna, has his flock squirming as his builds to his climatic line: “Death comes unexpectedly!