Showing all results for category “Writing and Speaking”

No Coverage For Telephone Solicitations Under Liability Policy

January 13, 2015 / Writing and Speaking

The 1st District Appellate Court recently held that a professional liability policy issued to an insurance broker covering negligent acts “in rendering services for others” did not cover liability arising from automated, pre-recorded telephone calls made for soliciting business.

Binding Arbitration Provision In Insurance Code Ruled Unconstitutional

January 9, 2014 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin [January 9, 2014]

Binding Arbitration Provision In Insurance Code Ruled Unconstitutional

The 1st District Appellate Court recently found unconstitutional a section of the Illinois Insurance Code requiring the mandatory binding arbitration of physical damage subrogation claims between insurers,

What’s Good for the Goose is Good for the Subrogee: When Comparative Fault May Not Reduce Subrogation Recovery

July 10, 2013 / Writing and Speaking

Introduction

Where comparative fault is attributable to a subrogation plaintiff, it may reduce recovery. But, just as a defendant might assert lack of foreseeability or failure of a plaintiff to meet its own obligations,

Washington Supreme Court Addresses Ensuing Loss Provisions

July 10, 2012 / Writing and Speaking

The Washington Supreme Court recently issued two decisions addressing ensuing loss provisions involving various exclusions in first-party property insurance policies. We provide a brief analysis below concerning these important cases.

Vision One, LLC v.

Early Notice to Adverse Parties in Subrogation

March 10, 2009 / Writing and Speaking

If you are a subrogation professional, you likely know that it is good practice to provide adverse ties with early notice of the loss.  Here are some reasons why:

1.To Avoid Spoliation of Evidence 

Defense counsel are often aggressive in arguing spoliation of evidence. 

Doctrine Of Superior Equitites Applied (But Questioned) in California Subrogation Case

April 10, 2007 / Writing and Speaking

Since 1938, California law has required that an insurer have superior equities in order to prevail in a subrogation action against a third party.  In other words, although an insurer might have a subrogation interest in the insured’s claim against the party that caused the loss,

California Supreme Court Holds Assignee Can Recover Brandt Fees

October 10, 2006 / Writing and Speaking

Introduction

Five Star Dye House, Inc. (Five Star) obtained a judgment against Luis Sanchez (Sanchez).  Sanchez then assigned to Five Star his rights against Essex, which had denied Sanchez’s tender of defense.  In return,

  • 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