No Coverage For Claim Involving Admin’s Alleged Sexual Abuse
By Don R. Sampen, published, Chicago Daily Law Bulletin, May 4, 2021
The 5th District Appellate Court, reversing the trial court, recently held that a liability insurer had no duty to defend or indemnify an insured school district with respect to a claim for sexual abuse of a student by a school administrator.
Florida Legislature Approves Changes To Property Insurance Laws For Admitted And Surplus Lines Insurers
By Charles W. Deutsch
On Friday, April 30, 2021, on the last day of Florida’s annual legislative session, the Florida state legislature passed Senate Bill 76. The bill, which is expected to be signed into law by Governor Ron DeSantis,
First Take: Duty To Defend COVID-19 Claim Under CGL Policy
By Amy R. Paulus
On February 22, 2021, the U.S. District Court for the Northern District of Illinois held that a commercial general liability (“CGL”) insurer has a duty to defend McDonald’s against claims brought by employees allegedly exposed to coronavirus on the job.
Florida Courts: Insurer’s Request For Appraisal Does Not Toll Civil Remedy Notice Cure Period
By Anna P. Jiménez
Florida’s Fourth District Court of Appeals joined other Florida appellate courts in determining that a bad faith action cannot be dismissed on the grounds that appraisal was awarded and paid because the insurer’s request for appraisal did not toll the 60-day cure period reflected in §624.155 of Florida Statutes for a Civil Remedy Notice (“CRN”).
Florida Court of Appeals Dismisses Bad Faith Lawsuit For Failure To Comply With The Civil Remedy Notice Specificity Requirements
By Michael H. Scott
In Florida, a policyholder may not assert a statutory bad faith lawsuit against its Insurer under § 624.155, Fla. Stat. without first filing a Civil Remedy Notice (“CRN”) with the Florida Department of Financial Services (the “Department”).
Burden On Insureds To Prove Exception To Exclusion In Property Policy
By Don R. Sampen
A common and near-universal rule of insurance coverage is that the insured has the burden of proving that a claim or loss falls within the scope of a policy’s insuring agreement,
Eleventh Circuit Upholds Summary Judgment For Insurer Citing Doctrine Of Uberrimae Fidei
By Michele T. Bachoon
The legal doctrine of uberrimae fidei literally means “utmost good faith”. This term is common in the insurance industry as the insurance policy, which is a legal contract,
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,
Update: Recent BIPA Cases And “Standing” To Sue In Federal Court
By Brian J. Riordan, Mindy M. Medley and Alexander J. Brinson
Clausen Miller’s Technology & Cyber Group provides the following update to keep you informed on recent important cases adjudicating Illinois’ Biometric Information Privacy Act (“BIPA”).
More Tales From The Minefield Of Post-Trial/Appellate Practice: Omega SA v. 375 Canal, LLC, 984 F.3d 244 (2nd Cir. 2021)
By Melinda S. Kollross
During this Sidebar author’s nearly 30 years of post-trial and appellate practice, she has guided her work for her clients according to one steadfast rule—always use “belts and suspenders” when it comes to preserving errors and insuring appellate jurisdiction.