Kearney Published In Tulane Law Review
The Tulane Law Review has published “Ancient Duties, Modern Perspectives: Recent Developments in the Law of Maintenance and Cure” by CM partner Kimbley Kearney. Kim presented the paper at Tulane’s prestigious Admiralty Law Institute earlier this year.
Conflicting Rulings Over Hit-And-Run Coverage
By Don R. Sampen, published, Chicago Daily Law Bulletin [June 3, 2015]
Two recent decisions — one from the 1st District Appellate Court and one from the 3rd District — reached inconsistent results regarding the availability of uninsured motorist coverage when a vehicle that triggered a collision,
Court Interprets ‘Relative’ And ‘Away At School’ In Auto Policy
The 1st District Appellate Court recently held that an underinsured motorist coverage provision applicable to “relatives” residing “primarily” with “you,” including a child “away at school,” provided coverage for the child even though he did not live primarily with the insured and arguably did not intend to return to living with his parents.
Appeals Court Defines Drop-Down Duty For Umbrella Insurers
The 5th District Appellate Court recently held that, to trigger the duty of an umbrella insurer to “drop down” and defend the insured, the insurer must have actual evidence of the exhaustion of the aggregate limits of the underlying insurance policy.
Riordan Quoted In Law360 Article Analyzing IL Supreme Court’s Skaperdas Opinion
CM partner Brian J. Riordan was quoted in a recent Law360 article analyzing the Illinois Supreme Court’s Skaperdas opinion holding that insurance agents owe a duty of care in obtaining coverage requested by policyholders.
Illinois Supreme Court Provides Definition Of ‘Insurance Producer’
The Illinois Supreme Court recently held that a statute defining a standard of care for “insurance producers” in placing coverage applies to both insurance brokers and insurer-employed agents.
The insurance applicants in Skaperdas v.
THE TRIAL MONITOR’S CORNER: “What Else You Got?”—Potentially Unpreserved Error
Trial attorneys are gifted specialists, experts at how to conduct a trial through repeated exposure and repetition. With increasing specialization in the legal field, however, they rarely have exposure to the various pitfalls or missteps that can result in unpreserved error on appeal.
Court: Insurance Certificate Did Not Trigger Additional-Insured Coverage
The 1st District Appellate Court recently held that the requirement that a subcontractor provide a certificate of insurance listing the general contractor as an additional insured failed to create coverage for the general contractor under a blanket additional-insured endorsement in the subcontractor’s liability policy.
Misrepresentation, Rescission Rights And An Innoncent Insured
The Illinois Supreme Court recently held that a material misrepresentation on a renewal application for a legal malpractice insurance policy gave rise to the insurer’s right to rescind the policy, even as to an innocent insured who was unaware of the misrepresentation.
Kim Kearney Speaks At 25th Anniversary Of Tulane’s Admiralty Law Institute
Clausen Miller partner Kimbley A. Kearney recently presented her paper “Ancient Duties, Modern Perspectives: Recent Developments in the Law of Maintenance & Cure” at the 25thAnniversary of the prestigious Tulane Admiralty Law Institute.