Showing all results for category “Writing and Speaking”

Insurer Found To Have No Warranty Liability To Assignees Of Tort Claim

August 10, 2021 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, August 10, 2021

The 7th U.S. Circuit Court of Appeals recently held that a subcontractor’s waiver of the Kotecki cap did not subject the subcontractor’s insurer to liability for the subcontractor’s alleged breach of warranty,

Insurer Bound By Judgment In Case It Was Not A Party To

August 10, 2021 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, July 29, 2021

The 1st District Appellate Court recently held that an automobile insurer was collaterally estopped from contesting a judgment in another case,

Extrinsic Evidence Properly Considered In Coverage Denial For Sexual Molestation

July 20, 2021 / CM Reports / Writing and Speaking

by Don R. Sampen 

The evidence on which an insurer may rely in making a decision whether to defend an insured constitutes a frequent issue in liability coverage matters.  Some jurisdictions subscribe to the “eight corners” rule,

Reimbursement Owed To Non-owner’s Automobile Insurer

July 13, 2021 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, July 13, 2021

The 7th U.S. Circuit Court of Appeals recently affirmed an award of defense costs in favor of one insurer and against another under overlapping automobile liability policies,

Coverage Found For Biometric Information Privacy Act Claim

June 15, 2021 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, June 15, 2021

The Illinois Supreme Court recently held that an exclusion in a general liability policy applicable to violations of statutes regulating emails and faxes “or other methods of sending” information did not bar coverage for a claim based on the Illinois Biometric Information Privacy Act.

Alert On Illinois Personal Injury And Wrongful Death Actions: Prejudgment Interest On Those Judgments Is Effective On July 1, 2021.

By Melinda S. Kollross and Amy R. Paulus

We had earlier reported on efforts by the Illinois legislature to assess prejudgment interest on personal injury and wrongful death judgments. That legislation stalled, but a compromise bill was passed and signed into law on May 28,

Subrogee Fails To Establish Third-Party Beneficiary Status Of Subrogor

June 2, 2021 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, June 1, 2021

The 1st District Appellate Court recently held that a property insurer lacked subrogation rights because its insured property owner-landlord was not a third-party beneficiary of contracts pursuant to which allegedly faulty work on the insured’s property was being performed,

Home Is Where You Make It: SCOTUS Explains The Jurisdictional Rule Covering Corporate Defendants

June 1, 2021 / Writing and Speaking

By Paul V. Esposito

We all have a place we call home. Over a lifetime, the average person will own three houses. Some people may simultaneously own more than one. But that’s nothing compared to corporations,

TMI!: HIPAA Informs State Law Negligence Claims

By Paul V. Esposito

Americans value their privacy. They particularly value it regarding medical matters. The reasons are many. A disclosure of private medical information can adversely impact a person’s employment. It can call unwanted attention to a person’s condition.

Despite Granting Dismissal, Court Still Rules On Subrogation Issues

May 19, 2021 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, May 18, 2021

The U.S. District Court for the Northern District of Illinois recently held that one insurer was entitled to seek subrogation from another insurer for defense and indemnity costs for a claim brought against their common insured,

  • Chicago

    Illinois 60603

    10 South LaSalle Street

    Chicago, Illinois 60603

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Tyler Jay Lory

  • Mission Viejo

    California 92691

    27285 Las Ramblas

    Suite 200

    Mission Viejo, California 92691

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partners: Paige M. Neel, Kimbley A. Kearney

  • Appleton

    Wisconsin 54914

    4650 W. Spencer Street

    Appleton, Wisconsin 54914

    T: 920.560.4658 TF: 800.826.3505 F: 920.968.4650 Office Managing Partner: Patrick L. Breen

  • Stamford

    Connecticut 06902

    68 Southfield Avenue

    2 Stamford Landing Suite 100

    Stamford, Connecticut 06902

    T: 203.921.0303 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33609

    4830 West Kennedy Boulevard, One Urban Center

    Suite 600

    Tampa, Florida 33609

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Anne E. Kevlin

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.745.3598 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman