Showing all results for category “Writing and Speaking”

Bland v. Q-West, Inc. 2023 Ill. App. 2d 210683 —A “Stand Out” Decision By The Illinois Appellate Court, Second District.

By Melinda S. Kollross

The recent decision in Bland would be noteworthy just for the fact that an Illinois Appellate Court reversed a plaintiff’s personal injury verdict of $51 million and remanded the case back for a new trial.

Collateral Estoppel Prevents Insured from Denying Intent in Coverage Fight

By Don R. Sampen, published, Chicago Daily Law Bulletin, March 7, 2023

The 3rd District Appellate Court recently held that an insured’s admission of an intentional battery in a criminal case collaterally estopped the insured from claiming his alleged conduct was not intentional.

Speed Kills: Potential Product Liability When Social Media Apps Contribute To Accidents

By Paul V. Esposito

But for the grace of God, many of us might already be dead. Those teenage and early adult years were tons of fun. They left plenty of time for doing crazy things.

Down to Size: Preventing Overreaches in Premises Liability Cases

By Paul V. Esposito

We are surrounded by chain stores. Go anywhere in the country, and you’ll likely see the same stores you see at home. Makes you feel like you never left.

Discovery of Insurer’s Claim File Materials Rejected Based on Work-Product Protections

Daniel Johnston examines a case out of the Florida Court of Appeal finding that, absent good cause or exceptional circumstances, an insurer’s claim file is protected from discovery before coverage determination.

Illinois Supreme Court Holds That BIPA Claims Accrue with Each Scan

The Court rejected White Castle’s arguments in favor of a single-accrual theory, relying on its prior decisions in Rosenbach, West Bend Mutual Insurance Co., and McDonald in determining that there is no language within BIPA which would limit a claim to the first instance a private entity scans or transmits a party’s biometric information.

Proposed Bill in Illinois Seeks to Amend the Illinois Wrongful Death Statute to Allow for Punitive Damages

Current Illinois case law does not allow for punitive damages brought by decedent’s heirs in wrongful death action, but a proposed amendment to the Illinois Wrongful Death Act could allow for their recovery.

Public Adjuster Cannot Serve as “Disinterested” Appraiser

by Thomas J. Moody

Parrish v. State Farm Fla. Ins. Co., No. SC21-172, 2023 Fla. LEXIS 261 (Feb. 9, 2023)

The Florida Supreme Court has held that a public adjuster working for an insured under a contingency fee agreement is not disinterested,

Appeals Court Gives Expansive Treatment to ‘Insured’ as Used in Policy Exclusion

The 1st District Appellate Court recently held that the term “insured” in an auto exclusion for a commercial general liability policy should be given expansive treatment.

Florida Eliminates One-Way Attorney’s Fees Statute in Bid to Stabilize Insurance Market

By Michael J. Raudebaugh

Introduction

In December, the Florida Legislature held another special session – the second one of 2022 – in an attempt to further stabilize the beleaguered insurance market.