Showing all results for category “Writing and Speaking”

Allocation of Fault/Settling Tortfeasors: Upset by the Offset? California’s Second Appellate District Clarifies Jury Awards Involving Parties Who Previously Settled in Good Faith

In Shuler, et al. v. Capital Agricultural Property Services, Inc., et al. (2020) 49
Cal.App.5th 62, the Second Appellate District Court of California revisited California law on joint and several liability, and the proper allocation of jury verdict awards involving previously settled joint tortfeasors who settled in good faith pursuant to California Code of Civil Procedure § 877.6.

Seventh Circuit Certifies Illinois Contribution Act Issue to Illinois Supreme Court: Preserve Your Record

On August 5, 2020, the Seventh Circuit issued its decision in Roberts v. Alexandria Transp., (Nos. 19-2414, 2395, 8/5/20), certifying to the Illinois Supreme Court a heretofore unanswered question arising under the Illinois Contribution Act.

No “Direct Physical Loss or Damage” Where Property Merely Needs To Be Cleaned

UPDATE: With implications for COVID-19 loss of rent and business interruption claims, the Eleventh Circuit has held that an item or structure that merely needs to be cleaned has not suffered a loss that is both “direct” and “physical.” Since the emergence of the COVID-19 pandemic in 2020,

Court Rejects Claim Within a Claim Under Claims-Made Policy

By Don R. Sampen, published, Chicago Daily Law Bulletin, August 11, 2020

The 7th U.S. Circuit Court of Appeals recently held that an argument for the award of damages in underlying litigation first made against the insured more than a decade after the litigation commenced,

No ‘Common Fund’ Created Where Insurer Takes Contractual Setoff

By Don R. Sampen, published, Chicago Daily Law Bulletin, July 28, 2020

The 2nd District Appellate Court, in the context of underinsured motorist coverage, recently held that the common fund doctrine did not apply to allow an attorney to recover as fees a portion of setoffs from policy limits arguably made possible by the efforts of the insured’s attorney.

Illinois Supreme Court Confirms That Post-Trial And Appellate Litigation Is A Minefield That Should Only Be Navigated By Experienced Post-Trial And Appellate Lawyers

Introduction

For over 25 years, my practice has focused primarily on post-trial and appellate litigation. I have seen the intricacies and “traps” presented by various state and federal rules on how to properly prosecute post-trial matters and preserve issues for appeal.

Insured Fails to Establish Primary Coverage to Trigger Excess

By Don R. Sampen, published, Chicago Daily Law Bulletin, July 14, 2020

The 1st District Appellate Court recently upheld trial court rulings against an insured regarding the failure to exhaust primary coverage for purposes of triggering excess.

Court Notes Requirements for Joint Employment Relationship

By Don R. Sampen, published, Chicago Daily Law Bulletin, June 16, 2020

The U.S. District Court for the Northern District of Illinois recently provided guidance for what constitutes “co-employment” in the context of a dispute between insurers over workers compensation coverage for injured employees.

No Bad Faith Claim Possible Over a Bona Fide Dispute About Coverage

By Don R. Sampen, published, Chicago Daily Law Bulletin, June 2, 2020

The 1st District Appellate Court, in a first-party coverage context, recently confirmed the principle that an insurer’s denial of coverage based on a bona fide dispute with the insured over compliance with policy conditions does not give rise to a bad faith claim.

No Conflict of Interest in Post-Judgment Insurer Dispute

By Don R. Sampen, published, Chicago Daily Law Bulletin, May 19, 2020

The 1st District Appellate Court recently held that a primary insurer did not create a conflict of interest with its insured when it undertook negotiations with an excess insurer over what counsel would represent the insured in the appeal of a trial court adverse judgment,