Showing all results for category “Writing and Speaking”

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,

Merged Entity Employee Qualifies For New Company’s Workers’ Comp

By Don R. Sampen, published, Chicago Daily Law Bulletin December 2, 2019

The 1st District Appellate Court recently
held that the workers’ compensation carrier for the surviving corporation
following a merger was responsible for payment of workers’ compensation
benefits to an injured employee formerly on the payroll of the corporation that
no longer exists.

Auto Policy Found to Cover Claim Occurring Outside of Vehicle

By Don R. Sampen, published, Chicago Daily Law Bulletin November 18, 2019

The 1st District Appellate Court recently
held that an automobile policy issued to a livery service company covered a
claim alleging that the driver negligently assisted the passenger after leaving
the vehicle.

Illusory Coverage Leads to Potential Policy Reformation

By Don R. Sampen, published, Chicago Daily Law Bulletin November 5, 2019

The 7th U.S. Circuit Court of Appeals recently held that a contractual liability exclusion in an endorsement rendered illusory the professional liability coverage for a product designer,

No Jurisdiction Over Foreign Insurer Absent a Defense Obligation

By Don R. Sampen, published, Chicago Daily Law Bulletin October 21, 2019

The 7th U.S. Circuit Court of Appeals recently held that Taiwanese insurers that provided additional insured coverage lacked sufficient contacts with the insured’s home state to be sued for contribution or subrogation in that state by the insured’s direct primary insurer.

Illinois Appellate Court Delivers Illinois Defense Bar A Double Whammy On Damages: McIntyre v. Balagani, 2019 IL App (3d) 140543

The Illinois Appellate Court’s Balagani opinion shows the leeway accorded plaintiffs in maintaining claims for a decedent’s loss of future income and services. It also puts defendants between the proverbial “rock and a hard place” in trying cases involving soft damages for loss of society and companionship.

California Enacts Significant Changes to Davis-Stirling Homeowners Association Laws

On
October 12, 2019, California Governor Gavin Newsom signed Senate Bill 323 (“SB
323”) into law.  This new statute makes
significant changes to Civil Code § 4000 et seq., also known as the “Davis-Stirling
Act.” 

Insurers Free From Duty to Defend if Dispute Involved in Mediation

By Don R. Sampen, published, Chicago Daily Law Bulletin October 8, 2019

The 1st District Appellate Court recently
held that an insurer had no duty to defend an insured in connection with a
mediation that,

Move to Force Coverage From Excess Insurer Goes Nowhere

By Don R. Sampen, published, Chicago Daily Law Bulletin September 23, 2019

The 7th U.S. Circuit Court of Appeals
recently held that late notice to an excess insurer relieved the insurer of any
obligation to indemnify the insured.

Estoppel Doesn’t Apply Where Insurer is Not Controlling Defense

By Don R. Sampen, published, Chicago Daily Law Bulletin September 9, 2019

The 7th U.S. Circuit Court of Appeals recently held that an insurer was not estopped from denying coverage even though it had participated in the defense of an insured without a reservation,