Showing all results for category “Writing and Speaking”

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,

Court Finds 11-month Delay In Giving Notice May Not Be ‘Late’

By Don R. Sampen, published, Chicago Daily Law Bulletin, October 18, 2022

The 2nd District Appellate Court recently reversed a finding that an 11-month delay in giving notice of an injury to an insurer constituted late notice,

Update: Insurers Continue To Succeed On Appeal On COVID-19 Property Claims

By Melinda S. Kollross

The body of federal and state appellate precedent keeps growing, with nearly every appellate tribunal holding that there is no property insurance coverage for pandemic related economic losses in the absence of physical loss or damage.

Texas Appeals Court Determines Flood Limit Does Not Cap Insured’s Claim For Loss Of Business Income

By Ramy P. Elmasri

A three-judge panel for the Texas Fourteenth Court of Appeals recently held that the $4.5 million dollar limit for flood damage in a commercial insurance policy did not limit the insured from seeking loss of business income.

If At First You Don’t Succeed On A Post-Trial Motion—Take An Appeal! More Tales From The Minefield Of Post-Trial And Appellate Practice

By Melinda S. Kollross

The Seventh Circuit’s recent decision in Word Seed Church & Civil Liberties for Urban Believers v. Homewood, 43 F.4th 688 (7th Cir. 2022), again shows why only experienced appellate advocates should navigate the minefield of post-trial and appellate litigation.

Sidebar – Nuclear Verdicts Are Becoming Thermonuclear Verdicts: A Suggestion For Combatting Them

By Melinda S. Kollross

Some commentators have defined a “nuclear verdict” as a verdict of $10 million or greater. Based upon recent verdicts, however, that definition may need changing. 

The Thermonuclear Verdict

Two recent verdicts show that things are getting worse on the defense front and not better. 

Illinois Appellate Court Strays From Established Faulty Construction Precedent To Find A Duty To Defend Vague Allegations Of Damage To “Other Property” In Acuity v. M/I Homes Chi, LLC

By Ilene M. Korey

Introduction

Illinois has consistently required damage to property other than repair and replacement of faulty construction to implicate coverage under a commercial general liability policy. The basis for doing so is rooted in the insuring language of the typical CGL policy that limits coverage to “property damage” caused by an “occurrence” in the policy period.

‘Other Property’ Damage Claim Triggers Defense Obligation For Insured Contractor

By Don R. Sampen, published, Chicago Daily Law Bulletin, October 4, 2022

The 1st District Appellate Court, reversing a trial court decision, recently held that allegations of defective work by a contractor gave rise to an insurer’s duty to defend the contractor,

Free Bite? Maybe Not: Expanded Liability For Dog Bites

By Paul V. Esposito

You can’t help but love ’em. Dogs. Our relationship with these descendants of the gray wolf is unlike that with any other animal. To many people, they are like people—even like family.

Insured Not Liable For Declining To Settle Within Its Self-insured Retention

By Don R. Sampen, published, Chicago Daily Law Bulletin, September 20, 2022

Applying Illinois law, the 7th U.S. Circuit Court of Appeals recently held that an umbrella insurer had no cause of action against an insured for failure to settle within the insured’s retained limit.