Showing all results for category “Writing and Speaking”

Evidence of Damage to Claimant’s Property Wrongfully Excluded

By Don R. Sampen, published, Chicago Daily Law Bulletin, February 9, 2021

The 7th U.S. Circuit Court of Appeals, reversing a grant of judgment on the pleadings for an insurer, recently held that an insured was entitled to demonstrate that the underlying plaintiff was seeking to recover for property damage arising from an occurrence,

High Court Enforces Automobile Exclusion for Farm Equipment

By Don R. Sampen, published, Chicago Daily Law Bulletin, January 26, 2021

The Illinois Supreme Court, reversing an appellate court decision, recently held that a mechanical device exclusion in an automobile policy was not ambiguous and not a violation of public policy.

Florida Supreme Court: Extracontractual Damages Not Recoverable in Florida First Party Property Policy Claim Litigation Absent Policyholder Compliance With Florida’s Civil Remedy Notice (CRN) Statute

by Anne E. Kevlin

On January 21, 2021, the Florida Supreme Court decided in the negative the following certified question:

In a first-party breach of insurance contract action brought by an insured against its insurer,

Coming Attractions: Florida Changes Its Summary Judgment Standard

By Paul V. Esposito

Back when we could still go to movies, getting there early was advisable. It allowed time to get popcorn, candy, a drink, and then find a good seat before the previews started.

Court Upholds Insurer’s Post-Judgment Interest Obligation Under Policy

By Don R. Sampen, published, Chicago Daily Law Bulletin, January 12, 2021

The 1st District Appellate Court recently held that an insurer’s depositing with the court clerk its policy limit plus accrued post-judgment on the full judgment against its insured,

Illinois Supreme Court Creates New Law And Shows Why It Is Crucial To Argue In The Alternative

by Melinda S. Kollross

In Dameron v. Mercy Hosp., 2020 IL 125219, the Illinois Supreme Court answered a question of first impression regarding discovery in a medical malpractice case. The Court ruled that a party is permitted to redesignate an expert from an Illinois Supreme Court Rule 213(f) controlled expert subject to full disclosure to a Rule 201(b)(3) consultant not subject to full disclosure if done in a reasonable amount of time before trial and where the expert report has not been disclosed.

Out on a Limb: Ditching Collectability in Legal Malpractice Actions

by Paul V. Esposito

No one should be surprised to learn that lawyers tend to disagree. Put two or three together, and any hopes of unanimity fade. It doesn’t change when they become judges.

No Business Loss Coverage Because of Pandemic Closures

By Don R. Sampen, published, Chicago Daily Law Bulletin, December 15, 2020

The U.S. District Court for the Northern District of Illinois recently held that business interruption insurance coverage under an “all risk” policy issued to a Chicago tavern did not provide coverage for loss of business due to an order by the governor of Illinois closing “non-essential businesses” during the COVID-19 global pandemic.

Balance of Power: Constitutional Limits on Retroactive Reviver Statutes for Child Sexual Abuse Claims

By Paul V. Esposito

Sometimes the good news never seems as good as the bad news is bad. The good news is that the rate of sexual assault and rape has dropped by 63% since 1993.

No Conflict of Interest Despite Insured v. Insured Cross-Claim

By Don R. Sampen, published, Chicago Daily Law Bulletin, December 1, 2020

The U.S. District Court for the Northern District of Illinois recently held that no conflict of interest existed among insureds such as would require the insurer to permit the insureds to select their own independent counsel,