Showing all results for category “Writing and Speaking”

Insurance Company Has Obligation to Cover BIPA Suit

By Don R. Sampen, published, Chicago Daily Law Bulletin April 21, 2020

The 1st District Appellate Court recently held that a claim that an insured disclosed fingerprint data to a third-party vendor in violation of an Illinois statute constituted a personal injury offense,

IL Grants Civil Immunity for Healthcare Providers During the COVID-19 Pandemic

On April 1, 2020, Illinois governor J.B. Pritzker issued an executive order limiting healthcare providers’ civil liability stemming from the COVID-19 pandemic.  This executive order will, in practice, bar medical malpractice suits against medical professionals for their care for COVID-19 patients. 

Illinois Coronavirus Lawsuit Implicates Healthcare and Employment Practices Liability Concerns

Introduction

As noted in the
ongoing blitz of professional and news commentaries, the COVID-19 pandemic spans
numerous legal practice areas, from force majeure clauses, to first-party
property insurance claims, to premises and professional liability defense. 

New Jersey Considers COVID-19 Legislation Compelling Insurers to Pay Business Interruption Coverage Due to Coronavirus

Introduction

New
Jersey recently introduced Assembly Bill 3844, which would require insurers to
provide business interruption coverage to companies with less than 100 eligible
employees, defined as those who work at least 25 hours a week,

Court Denies Auto Liability Stacking Despite Vehicle Listing

By Don R. Sampen, published, Chicago Daily Law Bulletin March 10, 2020

The Illinois Supreme Court, reversing two
lower court decisions, recently held that the listing of bodily injury
liability limits multiple times on the declarations pages of an automobile
insurance policy covering several vehicles,

Loss Payee’s Interest Valued at Time of Payment, Not Loss

By Don R. Sampen, published, Chicago Daily Law Bulletin February 24, 2020

The U.S. District Court for the Northern
District of Illinois recently held that, following a fire loss, a mortgage loss
payee under a property insurance policy was entitled to receive the balance of
payment on the mortgage owed at the time of payment,

State Insurance Department Erred With Employment Status Opinion

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

The 1st District Appellate Court
recently held that the Illinois Department of Insurance lacked authority to
decide a workers’ compensation premium dispute between an insurer and its
insured.

‘Personal’ Property Damage Allegation Triggers Defense Obligation

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

The 1st District Appellate Court recently
held that an underlying construction defect complaint alleging damage generally
to “real and personal property” sufficiently alleged an “occurrence” and
“property damage,” giving rise to a duty to defend,

Clausen Miller Litigating International Arbitration Issue In The United States Supreme Court

The United States Supreme Court Building in Washington D.C.

The United States Supreme Court typically accepts fewer than 150 cases for review each year. Clausen Miller is currently litigating one of those rare cases. Outokumpu Stainless USA,

Malicious Prosecution Policy Tied to Time of Wrongful Deed, Not Later

By Don R. Sampen, published, Chicago Daily Law Bulletin December 17, 2019

The Illinois Supreme Court recently held that an occurrence policy for malicious prosecution provides coverage during the policy period in which the wrongful prosecution takes place,