Showing all results for category “Writing and Speaking”

Security Consultant Reports Are Not Protected By The Medical Studies Act

By Kathleen M. Klein

Introduction 

In a case brought on behalf of an active shooter victim against a hospital, the Illinois Appellate Court, First District recently considered whether the Medical Studies Act protects a consultant report developed by a hospital consultant following an active shooter incident.

SIDEBAR — United States Supreme Court Set To Decide “Game Changing” Case On General Personal Jurisdiction Over A Foreign Corporation

By Melinda S. Kollross

We wish to alert our friends in the defense and insurance industries of a case that will soon be decided by the United States Supreme Court. Mallory v.

COVID-19 Pandemic Coverage Claims Update: The Appellate Tribunals Are Still Overwhelmingly Ruling In Favor of Insurers.

By Melinda S. Kollross

Although some state intermediate appellate tribunals have issued rulings favorable to insureds, the Supreme Courts from Delaware, Maryland and Ohio have added their voice to other state high courts holding that there is no business interruption coverage for pandemic related economic losses.

Late Notice Under Claims-Made Policy Dooms Insureds Added to Complaint

The 7th U.S. Circuit Court of Appeals, construing Illinois law, recently held that insureds under a claims-made policy had an obligation to give notice to their insurer during the policy period in which a related insured entity was sued.

Insured Entitled to Pursue Federal Damage Claim Based on State Liability Finding

By Don R. Sampen, published, Chicago Daily Law Bulletin, December 6, 2022

The 7th U.S. Circuit Court of Appeals recently held that, following a declaratory action in state court finding that an insurer breached its duty to defend,

Out of Bounds: The Lower Standard of Supervisory Liability for Sporting Events

By Paul V. Esposito

Times have changed. Back in the day, high school sports were generally limited to four: football, basketball, league baseball, and track. Not so today. Students also can play soccer,

Not Good Enough: The Minnesota Supreme Court Requires More Specificity in Exculpatory Clauses

By Paul V. Esposito

What was the greatest single advance in human history? Some might say the discovery of how to create and harness fire. After all, raw meat can get nasty in short order.

Appellate Court Holds Title Insurers Not Subject to Complete Defense Rule

By Don R. Sampen, published, Chicago Daily Law Bulletin, November 22, 2022

The 1st District Appellate Court recently held that, unlike most liability insurers, a title insurer that covers some but not all claims against an insured has no obligation to provide a defense for both the insured and uninsured claims.

UM Coverage Mandated for Pedestrians, Despite Policy Language to the Contrary

By Don R. Sampen, published, Chicago Daily Law Bulletin, November 8, 2022

The 1st District Appellate Court, in a case of first impression, recently held that an insured under an automobile liability policy who,

Insurer Alleges No Coverage for Double-Charges by McDonald’s Mobile App

By Mitchel D. Torrence

American Family Mutual Insurance Company (“American Family”) recently filed a declaratory judgment action in the Circuit Court of Cook County, IL, seeking a declaration that it owes no duty to defend its insured,