Showing all results for category “Writing and Speaking”

When Oops Met Goop! Skier Laws Beyond Sanderson v. Paltrow

As a Utah trial comes to a close in the ski-injury case of optometrist Terry Sanderson versus actress and Goop founder Gwyneth Paltrow, it is worth remembering that special “rules of the road” apply to downhill slopes.

Mere Allegations of Negligence by Named Insured, Even Without Evidence of Such Negligence, Trigger Duty to Defend Additional Insured

Under New York law, mere allegations of negligence can trigger a duty to defend an additional insured, even where the additional insured itself makes the allegations against the named insured.

“The Devil is in the Details”: Midwest Commercial Funding v. Kelly, No. 2023 IL 128260.

By Melinda S. Kollross

This recent Illinois Supreme Court decision issued on March 23, 2023, illustrates how bad things can happen when parties don’t pay attention to the “details” that make up a large part of the practice of law.

Indiana Court of Appeals Puts Lid on Res Ipsa Loquitor Claim for Release of Private Medical Information

By Paul V. Esposito

The Indiana Court of Appeals has rejected a res ipsa loquitor claim brought by a hospital patient regarding the release of embarrassing information. Wireman v. LaPorte Hosp.

Prior Policy Applications Found Relevant to Claim for Rescission

By Don R. Sampen, published, Chicago Daily Law Bulletin, March 21, 2023

The U.S. District Court for the Northern District of Illinois, construing Illinois law, recently evaluated the pleading requirements for an insurer seeking to rescind an insurance policy.

Louisiana Supreme Court Rules No Coverage for Covid-19 Business Interruption Claims in Cajun Conti 

By Melinda S. Kollross

The Louisiana Supreme Court issued its decision in Cajun Conti LLC v. Certain Underwriters at Lloyds London becoming the latest state high court to rule in favor of insurers,

Tom Moody and Nick Travis Outline Appraisal Strategies and Property Case Law Developments at the PLRB Claims Conference

Clausen Miller partners Tom Moody and Nick Travis will offer insights on property and liability insurance issues and recent legal developments at the Property and Liability Resource Bureau (PLRB) Claims Conference in Orlando March 19-22.

Pandemic Coverage Claims Update: Federal and State Appellate Tribunals Continue to Rule For Insurers

By Melinda S. Kollross

In a long awaited decision, the United States Court of Appeals for the Third Circuit, encompassing the areas of Pennsylvania, New Jersey, Delaware, and the Virgin Islands, ruled that there is no coverage for pandemic related economic loses.

The Illinois Minefield Known As Preservation of Error For Appeal—Midwest Mailing and Shipping Systems, Inc. v. Schoenberg, Finkel, Newman & Rosenberg, 2023 IL App (1st) 220562-U.

By Melinda S. Kollross

This recent Illinois Appellate decision in Midwest Mailing illustrates again the many pitfalls that can occur to those unfamiliar or untrained with preserving error for appeal in Illinois.

Fright Night: Recovering Emotional Distress Damages Absent Accompanying Physical Consequences

By Paul V. Esposito

There’s a famous phrase about “things that go bump in the night.” It’s part of an old Scottish or Cornish prayer seeking protection from “ghoulies and ghoosties and long-legged beasties” roaming a house.