Showing all results for category “Writing and Speaking”
Florida Reforms Assignment of Benefits
After years of failed efforts
by Florida lawmakers to curb rampant abuse of assignment of benefits (“AOB”) applied
to property insurance policies, Florida Governor Ron DeSantis is expected to
soon sign into law sweeping AOB reform approved by the Florida Legislature.
‘Occurrence’ Definition Gets Special Subcontractor Angle
By Don R. Sampen, published, Chicago Daily Law Bulletin April 30, 2019
The 1st District Appellate Court recently defined occurrence coverage for a subcontractor on a construction project in terms of damage beyond the subcontractor’s scope of work.
Successor to Bankrupt Housing Developer Must Honor Surety
By Don R. Sampen, published, Chicago Daily Law Bulletin April 23, 2019
The 2nd District Appellate Court recently held that the successor in interest to a bankrupt developer under an annexation-development agreement between the developer and the far west suburban city of Yorkville was potentially obligated to the developer’s surety upon the successor’s default under the agreement.
Illinois Supreme Court Decision Proves The Wisdom Of Using Appellate Counsel At Trial
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
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
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
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”?
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?
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
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.