Showing all results for category “Writing and Speaking”

Court Finds Malicious Prosecution Coverage Upon Exoneration

Creating a conflict with earlier Illinois appellate case law, the 1st District Appellate Court recently held that a municipality’s liability coverage for malicious prosecution was triggered upon exoneration of the claimant, not at the time the claimant was wrongfully prosecuted.

Proximate Cause Lacking in Opioid Addiction Case Against Pain Management Physician Absent Expert Testimony from an Addictionologist

In a split decision, the Illinois Appellate Court, First District holds that a medical malpractice plaintiff failed to prove proximate cause against a pain management physician where there was no evidence from an addiction expert connecting the defendant’s failure to identify the patient’s opioid addiction and her death/suicide by acetaminophen overdose.

Illinois’ Biometric Information Privacy Act: What Does It Mean to Be “Aggrieved”?

by Clausen Miller’s Data Privacy and Security Practice Group 

On January 25, 2019, the Illinois Supreme Court decided in Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186 (Ill.

Drone Technology is Taking Off – Are Insurance Companies Ready for It?

Given the explosion of drone technology in recent years, it was only a matter of time before a coverage dispute arose over the use of drones.  On December 7, 2018, that time came when the United States District Court for the Central District of California issued an opinion on whether an aircraft exclusion applied to damages sustained by a wedding guest when she walked into the photographer’s drone.  

Slow-Motion Claims Service Brings Heavy Penalty

By Don R. Sampen, published, Chicago Daily Law Bulletin 

December 20, 2018

The 2nd District Appellate Court recently affirmed a finding of bad faith against a first-party insurer for vexatious delay in resolving a building collapse claim.

Good Faith Covenant Assists Jilted Agent

By Don R. Sampen, published, Chicago Daily Law Bulletin 

December 11, 2018

The 1st District Appellate Court recently held that an insurance agent adequately alleged breach of the implied covenant of good faith and fair dealing against an insurance company in connection with the agent’s transfer of business to another agent.

“No-Recoupment” Default Rule in Restatement of the Law: Liability Insurance Cited by Illinois Court in Support of Ruling Dismissing Insurer Recoupment Claim

Introduction

In Gilbane, Inc. v. Liberty Ins. Underwriters, Inc., (case no. 2016‑CH‑15163) a Cook County, Illinois court dismissed an insurer’s claim for recoupment of a $7.5 million settlement payment from its policyholder based on the equitable theory of unjust enrichment.  

Clausen Miller Helps Develop Illinois Law On Contribution And The Kotecki Cap

At least in Illinois, joint and several liability is a fact of life in personal injury cases. A defendant found at least 25% at fault can be forced to pay a plaintiff’s entire judgment, even though multiple tortfeasors were involved.

Restatement of Law of Liability Insurance: The Plain-Meaning Rule

By: Amy R. Paulus and Henry T.M. LeFevre-Snee

The American Law Institute’s (“ALI”) draft Restatement of the Law of Liability Insurance’s (“Restatement”) use of “custom, practice and usage” evidence to determine the plain meaning of unambiguous terms does not find support in a majority of states,

No Coverage For Fraudulent Wine Purchases Under “Private Collections” Policy

Earlier this year, we wrote about a California Appellate Court case holding that an unsuspecting wine collector who purchased millions of dollars’ worth of counterfeit wine from a “villainous wine dealer” sustained a financial loss,