Showing all results for category “Writing and Speaking”

Illinois Supreme Court Decision Proves The Wisdom Of Using Appellate Counsel At Trial

April 17, 2019 / Writing and Speaking

Introduction

The authors of this Sidebar have long advocated the wisdom of using appellate counsel at trial, not only to preserve error for appeal, but to help ensure a defense verdict. A recent Illinois Supreme Court decision proves again that wisdom with respect to the expertise of appellate counsel in carefully drafting special interrogatories,

Multiple Limits on Declarations Pages Results in Stacking

March 26, 2019 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin March 26, 2019

The 5th District Appellate Court recently held that the listing of liability limits twice in the declarations pages of an automobile insurance policy required that the limits be stacked,

Court Finds Malicious Prosecution Coverage Upon Exoneration

February 28, 2019 / Writing and Speaking

Creating a conflict with earlier Illinois appellate case law, the 1st District Appellate Court recently held that a municipality’s liability coverage for malicious prosecution was triggered upon exoneration of the claimant, not at the time the claimant was wrongfully prosecuted.

Proximate Cause Lacking in Opioid Addiction Case Against Pain Management Physician Absent Expert Testimony from an Addictionologist

February 11, 2019 / CM Reports / Writing and Speaking

In a split decision, the Illinois Appellate Court, First District holds that a medical malpractice plaintiff failed to prove proximate cause against a pain management physician where there was no evidence from an addiction expert connecting the defendant’s failure to identify the patient’s opioid addiction and her death/suicide by acetaminophen overdose.

Illinois’ Biometric Information Privacy Act: What Does It Mean to Be “Aggrieved”?

January 29, 2019 / News / Writing and Speaking

by Clausen Miller’s Data Privacy and Security Practice Group 

On January 25, 2019, the Illinois Supreme Court decided in Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186 (Ill.

Drone Technology is Taking Off – Are Insurance Companies Ready for It?

January 15, 2019 / Writing and Speaking

Given the explosion of drone technology in recent years, it was only a matter of time before a coverage dispute arose over the use of drones.  On December 7, 2018, that time came when the United States District Court for the Central District of California issued an opinion on whether an aircraft exclusion applied to damages sustained by a wedding guest when she walked into the photographer’s drone.  

Slow-Motion Claims Service Brings Heavy Penalty

January 7, 2019 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin 

December 20, 2018

The 2nd District Appellate Court recently affirmed a finding of bad faith against a first-party insurer for vexatious delay in resolving a building collapse claim.

Good Faith Covenant Assists Jilted Agent

January 7, 2019 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin 

December 11, 2018

The 1st District Appellate Court recently held that an insurance agent adequately alleged breach of the implied covenant of good faith and fair dealing against an insurance company in connection with the agent’s transfer of business to another agent.

“No-Recoupment” Default Rule in Restatement of the Law: Liability Insurance Cited by Illinois Court in Support of Ruling Dismissing Insurer Recoupment Claim

November 28, 2018 / News / Writing and Speaking

Introduction

In Gilbane, Inc. v. Liberty Ins. Underwriters, Inc., (case no. 2016‑CH‑15163) a Cook County, Illinois court dismissed an insurer’s claim for recoupment of a $7.5 million settlement payment from its policyholder based on the equitable theory of unjust enrichment.  

Clausen Miller Helps Develop Illinois Law On Contribution And The Kotecki Cap

October 18, 2018 / Writing and Speaking

At least in Illinois, joint and several liability is a fact of life in personal injury cases. A defendant found at least 25% at fault can be forced to pay a plaintiff’s entire judgment, even though multiple tortfeasors were involved.

  • 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

  • Irvine

    California 92614

    17901 Von Karman Avenue

    Suite 650

    Irvine, California 92614

    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

    Suite 600

    Tampa, Florida 33609

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

  • Orlando

    Florida 32801

    618 E. South Street

    Suite 500

    Orlando, Florida 32801

    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